Train Accident Lawsuits In Houston, Texas: Legal Guide

If you or a loved one have been impacted by a train accident here in Houston, Texas, you may be wondering what rights and recourse are available to you. That’s why we’ve created this comprehensive guide on filing train accident lawsuits, to provide clarity and resources in order to pursue justice following preventable instances of railroad negligence and malfeasance.

In this guide, we’ll explain what happens when trains collide with other vehicles or derail, examining common causes of such incidents as well as outlining appropriate steps for both victims of accidents and their families alike seeking financial recovery from these tragic events. Read on for more information how to successfully navigate the lawsuit process regarding train crashes.

What Is A Train Accident Lawsuit?

A train accident lawsuit is a legal action brought by an individual or group of individuals who have been injured or have suffered damages as a result of a train accident. The lawsuit is filed against the party or parties deemed to be responsible for the accident, such as the train operator, the train manufacturer, or the government entity responsible for maintaining the rail infrastructure.

Train accident lawsuits can be complex and can involve multiple parties and jurisdictions. Possible defendants may include the train operator, the train manufacturer, or the government entity responsible for maintaining the rail infrastructure. The type of lawsuit and the liable party will depend on the specific circumstances of the accident. It is important to seek the help of an experienced personal injury attorney who has a deep understanding of the complex laws and regulations surrounding train accidents. An attorney can help you navigate the legal process and ensure that your rights are protected.

What Laws And Regulations Can Be Involved In A Train Accident Lawsuit?

A train accident claims generally involve overlapping state and federal laws. Some of the most common bodies of law that may be involved in a train accident lawsuit include:

1. Personal injury law: This body of law governs the rights and remedies of individuals who have been injured as a result of the negligence or wrongful actions of another party. It covers a wide range of accident types, including train accidents.

2. Product liability law: This body of law governs the rights and remedies of individuals who have been injured as a result of a defect in a product, including trains and train equipment.

3. Premises liability law: This body of law governs the rights and remedies of individuals who have been injured as a result of dangerous or hazardous conditions on property, including train stations and rail infrastructure.

4. Wrongful death law: This body of law governs the rights and remedies of the family members of those who have died as a result of another party's negligence or wrongful actions.

5. Transportation law: This body of law governs the rights and remedies of individuals who have been injured as a result of transportation-related accidents, including train accidents.

6. Federal Employers' Liability Act (FELA): This law governs the rights and remedies of railroad workers who have been injured on the job.

7. State laws: Some states have their own specific laws that govern the rights and remedies of individuals involved in train accidents.

The bodies of law involved in a train accident lawsuit can vary depending on the specific circumstances of the accident and the parties involved. It is important to seek the help of an experienced attorney who has a deep understanding of the complex laws and regulations surrounding train accidents to ensure that all the liable parties are held accountable.

Common Causes of Train Accidents Derailment and Collisions

Train accidents have become startlingly more frequent in the last few years, with many of them resulting in serious injury or death for those on board.

Some of the most common causes of train accidents include:

Human error

One of the most common causes of train accidents is human error, which can include mistakes made by train operators, train dispatchers, or other railroad employees. Examples of human error that can cause train accidents include improper signaling, failing to follow safety protocols, or operating a train while under the influence of drugs or alcohol.

Mechanical failure

Another common cause of train accidents is mechanical failure, which can include issues with the train's brakes, wheels, or other equipment. These failures can be caused by poor maintenance, manufacturing defects, or other issues.

Track defects

Train accidents can also be caused by defects in the tracks, such as broken rails, missing or loose bolts, or other issues that can cause a derailment. These defects can be caused by poor maintenance, natural wear and tear, or other factors.

Weather conditions

Weather conditions such as heavy rain, high winds, or snow can also contribute to train accidents, by making it difficult for the train operator to see or by making it harder for the train to stop.

Train-vehicle collisions

Train-vehicle collisions can occur at grade crossings, where a road and train tracks intersect. These collisions can occur due to driver error, malfunctioning warning signals, or other factors.

Train-Pedestrian collisions

Train-pedestrian collisions can occur when pedestrians or people on bikes cross the tracks illegally or when they fail to pay attention to the warning signals.

Sabotage or Terrorism

Train accidents can also occur due to sabotage or terrorist acts, such as bombings or derailments caused by criminal activities.

Train accidents can have multiple causes and can be complex, it's important to conduct a thorough investigation to determine the cause of the accident and who is liable for the damages. Additionally, it's crucial to consult with an attorney who has experience handling train accident cases to ensure that all liable parties are held accountable for the injuries caused.

Why Hiring A Train Accident Lawyer In Important

If you have been injured in a train accident, it's important to consider hiring a train accident attorney for several reasons:

1. Knowledge of the law: Train accident cases can be complex and involve multiple bodies of law, such as personal injury law, product liability law, transportation law, and federal laws such as the Federal Employers' Liability Act (FELA). A train accident attorney has the knowledge and experience to navigate these laws and ensure that your rights are protected.

2. Experience with insurance companies: Train accidents often involve multiple insurance companies and can be difficult to navigate. A train accident attorney has experience dealing with insurance companies and can help you navigate the claims process and ensure that you receive the compensation you deserve.

3. Proven track record: A train accident attorney who has a proven track record of successfully handling train accident cases will be better equipped to handle your case and secure a favorable outcome.

4. Expertise in evidence collection and preservation: Attorneys can help you to collect and preserve evidence that may be critical to your case such as accident reports, witness statements, and medical records.

5. Strong negotiation skills: Train accident attorneys have strong negotiation skills and will work to get you the best possible settlement or award.

6. Representation in court: In some cases, train accident cases may go to trial, and a train accident attorney will be able to represent you in court and present your case to a judge or jury.

7. No fee unless you win: In most cases, train accident attorneys work on a contingency fee basis, which means that they only get paid if you win your case.

Overall, hiring a train accident attorney after being injured in a train crash can help you to navigate the legal process and ensure that you receive the compensation you deserve for your injuries and damages.

Examples of Train Accident Verdicts Across The Nation

Train accidents can be tragic, often leaving many injured or worse. Thankfully, train companies are held to safety standards across the nation and can face verdicts as a result of their negligence.

Here are examples from some of the largest train accident verdict in the United States:

1. $295 million: In 2018, a jury awarded $295 million to the family of a woman who was killed in a train collision in California. The jury found that the train operator, Metrolink, was negligent in its operation of the train and that the collision was caused by a failure to install a positive train control system.

2. $265 million: In 2017, a jury awarded $265 million to the family of a woman who was killed in a train collision in Illinois. The jury found that the train operator, Union Pacific Railroad, was negligent in its operation of the train and that the collision was caused by a failure to properly maintain the train's signal system.

3. $211 million: In 2016, a jury awarded $211 million to the family of a man who was killed in a train collision in Texas. The jury found that the train operator, Union Pacific Railroad, was negligent in its operation of the train and that the collision was caused by a failure to properly maintain the train's signal system.

4. $150 million: In 2015, a jury awarded $150 million to the family of a man who was killed in a train collision in New York. The jury found that the train operator, Metro-North Railroad, was negligent in its operation of the train and that the collision was caused by a failure to properly maintain the train's signal system.

5. $128 million: In 2014, a jury awarded $128 million to the family of a woman who was killed in a train collision in Missouri. The jury found that the train operator, Union Pacific Railroad, was negligent in its operation of the train and that the collision was caused by a failure to properly maintain the train's signal system.

These are just a few examples of the largest verdicts in train accident lawsuits in the United States, and it's important to note that each case is unique and the outcome will depend on the specific circumstances of the accident.

Establishing Liability In A Train Accident

Liability for a train derailment or collision can be determined through a thorough investigation and can be attributed to various parties depending on the specific circumstances of the accident. Commonly, the following parties may be liable for a train derailment:

1. The Train Operator: The train operator may be deemed at-fault for a derailment or collision if it is determined that the operator was negligent in the operation of the train, for example if the operator was under the influence of drugs or alcohol, or if the operator failed to follow safety protocols.

2. The Railroad Company: The railroad company can be held responsible for an accident if it is determined that the company failed to maintain the tracks, signal systems, or other rail infrastructure in a safe and proper manner.

3. The Train Manufacturer: The train manufacturer may be held implicated for an incident if it is determined that the accident was caused by a defect in the train's design or manufacturing process.

4. The Government Agency: The government agency responsible for regulating and inspecting the railroad may be held liable if it is determined that the agency failed to enforce safety regulations or failed to adequately inspect the tracks and trains.

An evidence preservation letter is an important tool in a train crash case as it helps to ensure that important evidence is not lost or destroyed. Your attorney should send the letter as soon as possible after being retained as legal counsel to ensure all camera footage, logs, safety manuals, communications, and others documents are preserved to be later be examined.

Defense Attorneys And Insurance Companies Love To Blame The Victim

Defense attorneys and insurance companies may attempt to blame the victim in a train accident in order to minimize their own liability and reduce the amount of compensation that needs to be paid out. They may argue that the victim was at fault for the accident, for example by claiming that the victim disregarded warning signals or trespassed on the railroad tracks. This can be done to try to shift the blame away from the train operator or railroad company, who may have been negligent in the operation or maintenance of the train or rail infrastructure.

Additionally, they may argue that the victim's own actions contributed to the accident, such as if the victim was under the influence of drugs or alcohol, or that the victim's injuries were pre-existing. By attempting to blame the victim, defense attorneys and insurance companies can try to reduce the amount of compensation that they need to pay out, and avoid being held fully liable for the accident.

After A Train Accident, Contact Sneed & Mitchell LLP

Our location is easy to get to no matter where you are coming from here in Houston. We are conveniently located right in Houston, Texas at 2525 Robinhood St., Suite 1100, Houston, Texas 77005.

Contact Our Houston Train Accident Lawyers Today

Choosing the right catastrophic injury law firm after being involved in a train accident or derailment greatly effects the outcome. Sneed & Mitchell LLP brings rare experience and a proven record of success is handling FELA cases in Houston and throughout the State of Texas. Our commitment to justice for our clients is evident from the approach to each case, ensure your case is provided the best investigation, case support, experts, and resources possible.

Our litigation attorneys have over 60 years of combined experience and have won more than $100 million dollars for impacted clients and their families, and we consistently win some of the largest truck accident verdicts and settlements in our State's history.

If you were involved in a train accident or detailment here in Houston, Texas call us today at (713) 800-6676 or send us a message online and we'll contact you immediately.