Whether it’s preparing for a weekend getaway under the sun or commuting to work in the morning, public transportation often becomes the preferred choice for travelers. Every time we step onto a train, wait at a platform, or cross a railway, we trust that the operator, railway company, or local authorities have taken all necessary precautions to ensure our safety.
Regrettably, certain circumstances can quickly shatter our confidence.
Railway accidents can happen due to various factors, such as human error, equipment malfunction, or inadequate maintenance. These incidents can result in catastrophic consequences, inflicting severe injuries, loss of life, and extensive property damage.
If you or someone close to you has been involved in a train accident, you may have valid grounds to seek compensation for your losses. It is crucial to seek professional legal advice promptly to explore your options and proceed with your claim.
Contact us now at (713) 932-0777 to schedule a complimentary case consultation.
Train Accident Data and Fatalities
When it comes to train accidents, Texas has unfortunately experienced its share of incidents resulting in injuries and fatalities.
According to the National Safety Council, there were 893 reported train-related deaths in the United States in 2021 alone.
The Federal Railroad Administration (FRA) provides valuable information on train accidents in Texas and throughout the country. According to their latest 2023 report, Texas has already recorded over 20 train accident fatalities. These fatalities have affected not only passengers but also pedestrians struck by on-track equipment.
At Simmons & Fletcher, P.C., our team of Houston train accident attorneys comprehends the significance of these statistics and the profound impact they can have on individuals and their families.
Call us now at (713) 932-0777 to schedule your free case consultation.
Common Causes of Train Accidents
Train accidents can occur for a number of reasons and understanding them is essential in determining liability and potentially taking legal actions.
- Human error: Operator negligence, fatigue, distraction, or intoxication are a short list of factors that can impair judgment thus increasing the potential for catastrophic accidents.
- Equipment malfunctions: Defective equipment, faulty signals, brake failures, or other mechanical issues can potentially contribute to catastrophic outcomes.
- Hazardous road/track conditions: Poorly maintained railway tracks, inadequate signage, or hazardous weather conditions such as heavy rain and fog can increase the risk of accidents.
- Collisions with vehicles: Train accidents often occur when trains collide with motor vehicles at railroad crossings. Negligent drivers who disregard warning signals or attempt to “beat” put themselves and trains at risk.
- Pedestrian incidents: Those who trespass onto railway tracks or attempt to cross them face a high risk of being struck by trains. Lack of proper fencing, inadequate warning signs, or negligent behavior by pedestrians pose a potential danger.
- Mechanical or structural failures: Failure of critical train components, such as brakes, wheels, or couplers, can result in derailments, which pose a significant risk to passengers, employees, and bystanders.
- Train operator negligence: Negligent actions or decisions by train operators, such as excessive speeding or failure to follow safety protocols, can contribute to horrific accidents and endanger the lives of passengers and others.
Identifying the cause of a train accident requires a comprehensive investigation after which point, if liability can be established, grounds for legal proceedings may be warranted.
At Simmons & Fletcher, P.C., depend on our seasoned attorneys to help you finally find some closure following your injury. Contact us today for a free consultation. We’re on standby and are dedicated to reviewing the details of your case and providing you with knowledgeable legal guidance tailored to your situation.
How Can a Houston Railroad Accident Lawyer Help You?
When you’ve been involved in a railroad accident, navigating the legal complexities can be a daunting uphill challenge. A skilled Houston railroad accident lawyer can provide invaluable assistance throughout the process and help you determine whether you can proceed with your train accident claim, wrongful death suit, or other claims under Texas law.
1. Investigating and Determining Liability
One of the crucial aspects of any type of incident is determining who is the at-fault party (or parties). That is why conducting a thorough investigation. This may include gathering evidence, reviewing accident reports, interviewing witnesses, and consulting with experts if needed.
2. Establishing Negligence and Proving Your Case
In order to successfully pursue a train accident claim, it is essential to establish negligence on the part of the responsible party. That is why it is important to reach out to an experienced attorney who possesses a deep understanding of the legal standards and requirements for proving negligence.
3. Calculating Damages and Seeking Fair Compensation
Train accidents can result in devastating physical, emotional, and financial damages. As your legal advocates, we will work closely with you to understand the full extent of your injuries and losses. By assessing medical records, consulting with experts, and considering various factors such as medical expenses, lost wages, pain and suffering, and future rehabilitation needs, a skilled Houston train accident lawyer will vigorously negotiate with insurance companies and, if necessary, litigate your case to seek fair and just compensation on your behalf.
Railroad accident cases involve intricate legal procedures and strict deadlines that must be adhered to. Our experienced Houston train accident lawyers are well-versed in the legal intricacies and will ensure all necessary documents are filed accurately and within the prescribed time limits.
We will handle all communication with insurance companies, opposing counsel, and other parties involved, relieving you of the stress and complexity of the legal process.
5. Providing Guidance and Support Throughout the Process
As you deal with the emotional and potentially physical complications following your accident, you should depend on a compassionate legal team that will provide you with the support and guidance you need during this difficult time. Establishing communication is key here and you should expect this from your chosen law firm. They should keep you informed about the progress of your case, answer any questions or concerns you may have, and provide honest and realistic assessments of your legal options.
What Damages Can You Seek If Your Car is Hit by a Train in Texas Due to Railroad Negligence?
Car accidents involving trains are especially likely to result in catastrophic injury or even death. In any case, these accidents cause a great deal of devastation and loss for those involved. Depending on the circumstances of your train and car accident, you may have experienced losses in the form of:
- Medical bills
- Lost wages
- Diminished earning capacity
- Property damage
- Pain and suffering
- Emotional trauma
- Loss of consortium
- Loss of spousal support
- Funeral and burial costs
A quality Texas lawyer can help you document and value each of these losses after your car is hit by a train. They can help you identify what caused your crash and who might be liable for your or your loved one’s losses.
Seek a Houston Train Accident Lawyer You Can Trust
Train accidents can have devastating consequences, resulting in severe injuries, emotional trauma, and financial burdens. If you or a loved one has been injured in a train accident in Houston or anywhere in Texas, it is crucial to seek legal representation from experienced train accident lawyers who can protect your rights and have your best interests at heart.
At Simmons & Fletcher, P.C., we have been actively serving the Houston community and representing personal injury victims for over 40 years. Our dedicated team of attorneys handles every case with the utmost care and we pride ourselves on helping and advocating on behalf of those that are powerless.
Our Houston train accident attorneys provide comprehensive legal services for a wide range of railroad accident cases, including:
- Train derailments;
- Collisions with vehicles;
- Pedestrian accidents involving trains;
- Crossing accidents at railroad crossings;
- Injuries caused by train malfunctions or equipment failures;
- Negligent security at train stations or platforms.
We understand the unique challenges that train accident cases present, including complex liability issues, the involvement of multiple parties, and the need for a thorough investigation.
We prioritize the well-being and satisfaction of our clients. We approach every train accident case with compassion, commitment, and open communication. Our attorneys will take the time to listen to your concerns, answer your questions, and guide you through every step of the legal process.
Reach Out for Legal Representation Today
If you have suffered an injury due to a railroad accident, you should immediately seek medical attention as serious complications may follow. Afterward, you should contact a seasoned Houston train accident lawyer who you can trust to provide you with comprehensive legal advice.
Contact Simmons & Fletcher, P.C., today at (713) 932-0777 to schedule a free, no-obligation consultation with our Houston train accident lawyers. We are here for you.
FAQ's
What are the most common causes of car vs train accidents?
There should always be clear safety barriers, flashing lights, and more at train track and roadway intersections to warn motorists if a train is coming. Ignoring these safety barriers is a leading cause of train and car accidents.
Here are other common causes of train and car accidents in Texas and elsewhere:
- Errors made by a train conductor
- Train conductor fatigue
- Overloaded or improperly loaded cargo
- Derailment
- Mechanical failure
- Speeding
- Stalled cars on the tracks
- Defective tracks
- Faulty safety equipment
Can the railroad company be held liable for a car and train accident in Texas?
Not all train and car accidents are the result of a driver’s failure to adhere to safety laws. Sometimes, a failure with the tracks, safety measures, or the train itself can cause accidents. If the train conductor, train manufacturer, or railroad, train, or shipping company’s negligence played a role in an otherwise avoidable car and train accident, then it is possible to hold one or more of these parties liable for the ensuing damages. To do so, an injured person (or a surviving family member) must show proof of negligence in a civil claim for compensation.
Every car vs train accident is unique, so it is best to ask a lawyer to determine whether you have the basis to file a civil claim. Speaking with an experienced attorney can help you learn more about your options.
Must a school bus stop at a railroad crossing in Texas?
Under Texas Transportation Code Section 545.2535, a school bus must stop no closer than 15 feet before and 50 feet away from the nearest train track rail unless the crossing is marked with a sign that states “tracks out of service” or “exempt.”
Must a private bus stop at a reailraod crossing in Texas?
Under Texas Transportation Code Section 545.253, a bus that is a common carrier of people must stop no closer than 15 feet before and 50 feet away from the nearest train track rail unless an officer signals them otherwise or the train track is in a business or residential district.
