Houston Train Accident Lawyer

Our Houston Train Accident Attorney Helps Win Compensation

Our Attorneys Help with a Train Accident Lawsuit

While traveling by train is often thought of as one of the safest means of transportation, accidents such as train derailments, trains hitting vehicles at crossings, pedestrian accidents, and collisions with other trains happen every year. Due to the massive size and speed of a moving train, injuries resulting from a train accident are often severe, resulting in serious injury and even death. Survivors may be left dealing with emotional trauma and physical pain and suffering and facing mounting bills at a time they are unable to work

Many of these accidents involve some degree of negligence on the part of the railroad or carrier company. When negligence is a factor, victims of train accidents may be entitled to compensation for their losses through insurance or a train accident lawsuit.

Laws regarding train accidents are complicated, especially if government entities are involved, so it’s important to have an experienced railroad accident attorney to fight for the compensation you deserve. Whether you were injured in a train wreck or on the job as a rail worker, Terry Bryant Accident & Injury Law has the experience to get to the bottom of how the accident happened and deal with complex train accident litigation.

Sometimes these accidents can involve multiple victims, such as the Amtrak train derailment that occurred in Mendon, MO, on June 27, 2022. Our law firm has successfully tried complex cases that resulted in millions of dollars for our clients.

Our Houston train injury lawyers have the legal knowledge and resources to help protect your rights after a train accident. We can take the burden off you by handling all legal hurdles, negotiations with insurance companies and their attorneys, paperwork, and court appearances involved with proving liability and winning the settlement you deserve, so you can focus on your recovery.

We offer a free consultation to discuss the facts of your case and determine the best way to move forward.  There are no fees to you unless we win, so call us today to get started.

FREE CONSULTATION (713) 973-8888 or toll-free 1 (800) 444-5000

How Our Train Accident Attorneys Help You

When you have our train accident attorneys on your side, we will start working for you immediately. We will:

• Meet with you to discuss how the accident happened, who the responsible parties may be, and how much your case should be worth.
• Investigate the train accident and gather evidence, such as from photos and videos and police and medical reports.
• Interview witnesses, police officers, and first responders to get all available information.
• Thoroughly assess all your damages, including current and future medical bills, lost income, damaged property and non-economic damages, such as pain and suffering.
• Hire experts to testify as to how the accident occurred, how your injuries affect your life, and that of your family, and the costs that resulted and projected costs into the future.
• Negotiate with insurance companies and attorneys to fight for a fair settlement on your behalf.
• Build your case and present it in front of a judge or jury if your case goes to trial.

Insurance companies have armies of attorneys, adjusters, paralegals, accident investigators, expert witnesses, and staffers to protect their bottom line. Our Houston train accident team has the knowledge, experience, and resources to go up against them. Trust us to be there for you throughout the entire legal process, addressing your concerns and keeping you informed.

GET STARTED NOW (713) 973-8888 or toll-free 1 (800) 444-5000

Damage Awards Our Train Accident Attorneys May Recover

In a successful lawsuit, our Houston train accident attorneys may win a monetary award, called damages, for the injuries that resulted. In Texas, damage awards should cover both your monetary losses and costs, called “special damages,” and your non-economic damages, called “general damages.”

Economic, or Special, Damages are for the cost of:

• Medical and rehabilitation bills and continuing care
• Lost wages, current and projected into the future
• Property damages from the accident.

Non-economic, or General, Damages are to compensate you for losses that do not have a specific dollar value, but negatively affect your life, including:

• Physical, mental, and emotional pain and suffering
• Permanent disability, disfigurement, and scarring
• Loss of companionship and consortium
• Loss of quality of life.

To qualify for non-economic damages in Texas, you must have had physical injury and costs as well as pain and suffering.

Punitive damages

In some rare situations, where the crash was caused by actions that were wantonly reckless and negligent, you may also be awarded punitive damages. Texas law (C.P.R.C. Title 2 Subchapter C Sec. 41.008) caps the amount of punitive damages possible.

Amounts of Damage Awards

There are a wide range of damage awards possible in a successful train accident case, ranging from the thousands to millions of dollars. In 1997, Congress passed a law which capped the total amount of damages that could be sought by victims of train accidents at $200 million. If you are a railroad employee injured in the accident, you may be covered by The Federal Employers Liability Act, and this carries special rules that make recovery easier and is not subject to the liability cap.

Amounts you may receive in your individual case depend on the circumstances and factors involved, such as:

• The severity and permanence of injuries
• The age, earning capacity, and family situation of victims
• Whether a wrongful death was involved
• The cost of medical and rehabilitation treatment
• Lost income and out-of-pocket costs
• The emotional trauma suffered
• The availability of insurance coverage and assets of the defendants
• The skill and negotiating ability of your attorney.

In general, the more permanent and severe the injury and the greater the monetary costs and impact on your life, the higher your damage award may be. Our Houston train accident attorneys will examine all factors involved to determine what a fair settlement should be.

Train Accident Attorneys Must Prove Negligence

Railroad companies have an obligation to ensure their equipment is safe to use and their planned routes are free from danger. If they or their employees are negligent, use old or worn-out equipment or fail to abide by safety standards, they can be held liable for an accident.

In order to file a claim against the railroad company, our train accident lawyer must prove that the company, or otherwise potentially liable party, was negligent and failed to use reasonable care on their rail cars, tracks, engineering, or equipment. As a result of this failure, an injury or death resulted.

Proving negligence legally means showing the existence of the following elements:

• Duty: The defendant had a duty not to cause harm.
• Breach: The defendant breached this duty by actions or failure to act.
• Cause: This breach caused your injuries.
• Damages: You suffered actual damages as a result.

While some accidents are caused by the negligence of motorists or pedestrians who try to beat a train while crossing tracks, this is unusual. The most common accidents involve freight train locomotives and motor vehicles at railroad crossings. Other common causes of train accidents include:

• Train operator negligence or error
• Rail crossings and locomotives that are improperly maintained or not functioning correctly
• Broken or improper functioning of switches or latches
• Derailments and derailed train cars not being moved or cleared from an area
• Trains moving at too high of a speed, especially during bad weather
• Cargo not properly secured.

Our train accident lawyer will investigate the accident to find all negligent and responsible parties and hold them accountable. Possible negligent parties may include:

• The railroad company that owns or operates the train
• The maintenance organization and employees who maintain the trains and crossing apparatus
• Distracted or fatigued operators
• Manufacturers of parts of the train or signaling devices
• The company and employees who loaded the cargo improperly.

Our Houston train accident attorneys would look to identify them all as they all may have assets and insurance that could go toward a settlement. Those responsible for the negligence should pay victims’ medical expenses, lost wages, pain and suffering, and other legal damages that will mount as a direct result.

Get Help From Our Houston Train Accident Lawyers

Laws involving train accidents are complicated, and making mistakes can be costly, so it makes sense to have a seasoned Houston train accident attorney fight for the compensation you deserve.

Don’t delay, as there are time limits for filing. According to Texas law, you typically have two years to file an injury claim (Tex. Civ. Prac. & Rem. Code, Title 2 section 16.003). However, if the train is government owned or operated, and the injury claim is against a government entity or a state employee who was working in an official capacity, you have only six months to file.

*Always speak directly to an attorney for the exact deadlines that apply to your potential claim(s).

The train accident team at Terry Bryant Accident & Injury law will do all we can to fight for your rights. We will attempt to settle through negotiations, but are fully prepared to take your case to court if litigation is necessary. Contact us for help as soon as possible if you are the victim of a rail accident. Your consultation is free, and there are no fees to you unless and until we win a settlement for you.

CALL FOR HELP NOW AT (713) 973-8888 OR TOLL-FREE 1 (800) 444-5000