October 10, 2019: Truck Driver Suing BNSF Over Collision with Alleged “Uncontrolled” Railcars

Brandan Bunnel, a driver for Bunnel Trucking, LLC in Colony Kansas, has filed a lawsuit against BNSF Railway Company. Mr. Bunnel claims he suffered “serious and life-altering injuries” after his tractor trailer collided with two BNSF railcars in April 2018.
According to court documents, Mr. Bunnel is seeking $75,000 in damages. In his suit, he claims that he unloaded his cargo at the Penn Pac II grain elevator and while exiting the facility he approached the Park Street Crossing. There were no street lights, signs, or markings at the railroad crossing, which Mr. Bunnel claims is a private crossing that is owned, operated, and maintained by BNSF.
He states that while preparing to cross the tracks “BNSF workers either failed to properly set the brakes or the brakes failed, causing the railcars to become loose and uncontrolled. They eventually struck the passenger side of Mr. Bunnel’s truck causing him to suffer serious injuries and financial loss as a direct result of the accident.
Additionally, he alleges BNSF employees were negligent and failed to provide reasonable and timely audible and visual warnings of an approaching train and a safe place to cross the tracks.

Truck driver sues BNSF over collision with alleged “uncontrolled” railcars (with video)