Train tracks cover over 160,000 miles in the United States and have transported people throughout the country for almost two hundred years. With that amount of time, people generally assume they are a safe mode of transportation. This makes train accidents even more devastating when they occur. If you or a loved one has been injured in a train accident, you deserve justice and support.
At The Gibson Law Firm, we provide aggressive representation against negligent parties. Our legal team of dedicated and experienced trial lawyers offers over 35 years of combined experience. Our train accident lawyers have the case results and verdicts to prove that we do not back down from a fight. Contact an experienced personal injury attorney at our office today for a free consultation.
How the Train Accident Lawyers at The Gibson Law Firm Can Help
Our train accident lawyers are committed to providing full support to accident victims and train accident cases. After a personal injury caused by a negligent individual or several liable parties, you should not have to worry about whether you will be able to pay your medical bills. When you choose to work with our law firm, you can expect:
- Aggressive representation from attorneys with grit
- Experienced legal guidance and tailored strategies
- Compassionate support and personalized attention
- Clear communication from your legal team
- A determined advocate for your legal rights
Our law firm focuses on personal injury law and wrongful death cases. If you know someone who has been injured or killed in a train accident, do not hesitate to contact us. A personal injury lawyer will listen to your story and determine if you have a case.
What Do Train Accident Lawyers Do?
After a train accident, injury victims are often dealing with severe injuries and haunted by the memories of the crash. A law firm like ours can help take some of the pressure off by handling the complexities of filing a personal injury claim with the at-fault party’s insurance or pursuing the matter in court. The Gibson Law Firm will manage all aspects of your claim, including:
- Submitting claims and other documents and translating legalese
- Investigating the train crash and gathering evidence
- Determining the liable party, whether an individual or a commercial enterprise
- Calculating the total current and future losses the injured party has sustained
- Presenting a demand letter to insurance adjusters and negotiating for a maximized settlement
- Determining when a case should be taken to court
- Representing the injured person in court and fighting for justice
Every case looks different, but most personal injury claims are settled outside of court. Your train accident lawyer can help you determine the appropriate time to escalate your claim to a lawsuit. While settlements with insurance are typically the faster option, a lawsuit can potentially provide a better payout to support your expenses. Speak with your personal injury attorney to learn about how this could apply to your train accident case.
Types of Train Accidents
Train accidents can occur for a variety of reasons, often leaving their occupants with severe injuries or fatalities. According to the Federal Railroad Administration, the most common causes of train accidents fit into these four categories:
Train Derailments
Derailments occur when a train comes off the tracks, often leading to significant property damage and casualties. Factors that cause derailments include defects in the train tracks, excessive speed, improperly or unevenly loaded cargo, equipment failure, or even high winds and environmental effects.
Train Collisions
Train crashes happen when two or more trains collide with each other. Due to the nature of train tracks, head-on and rear-end train crashes are the most common types.
Railroad Crossing Accident
These accidents happen when a motor vehicle or pedestrian crosses the train tracks while a train is approaching. This can be caused by negligence from motorists or pedestrians, malfunctioning signals, or inadequate warning systems at the railroad crossing.
Hazardous Material Spills
Trains are often used to transport hazardous materials nationwide. When derailments or collisions occur, catastrophic chemical spills can happen. These spills require immediate emergency response and cleanup efforts as they pose significant risks to public health, seeping into the groundwater and causing fires with toxic fumes.
According to Safety @ Work, a Division of Workers’ Compensation, a person or vehicle is hit by a train every three hours, with Texas leading the nation with 241 incidents occurring in the last reporting year. When a train collides with a pedestrian or car, there is a great likelihood of injury or death occurring. Working with a personal injury attorney can help you get back to where you were before your accident and bring negligent parties to justice.
Railroad Accident Liability
Train accidents often involve multiple parties and complex legal issues. Our law firm has the expertise and resources to thoroughly investigate these accidents and identify all responsible parties. The reason for the accident and the category of train involved will also weigh into the liability.
Under the Texas Administrative Code, trains carrying passengers are identified as common carriers. This category also includes buses, taxis, and shuttles. When an accident occurs, the common carrier can bear legal and financial responsibility for the losses and injuries sustained. An example of this would be if a train accident occurred because the train company did not require proper maintenance, the company would be liable for any ensuing injuries.
Shared Liability in Railroad Accidents
Depending on how your accident occurred, you may be concerned about sharing some of the liability. If your car accidentally broke down on the tracks or if you ignored a sign or signal warning you not to cross the train tracks, you likely would be considered to have some part in the negligence that occurred. Working with a railroad accident lawyer can help you better understand shared liability and how it will apply to your case specifically.
Under Texas Civil Practice and Remedies Code Sec. 33.001, when someone shares in the liability of an accident, damages are assigned proportionally to the amount of fault shown by each party. You can still recover compensation under this law if you are partially at fault. For example, suppose the following:
- You are deemed 25% at fault for an accident involving a train because evidence showed you did not look both ways before crossing the train tracks.
- The warning signals were malfunctioning at the crossing.
- The train driver did not blow the horn to warn drivers of the oncoming train and is found 75% at fault.
The total amount of your settlement is reduced by 25% to account for your responsibility. However, if you are deemed over 50% of the blame for the accident, you cannot seek any damages at all. You can prepare yourself to fight complex legal battles against large railroad companies with in-house counsel by hiring an experienced trial attorney who understands the best ways to position cases with shared fault.
Injured Railroad Employees in Texas
Railroad workers risk their lives daily. To ensure their safety and well-being, Texas enacted the Federal Employers Liability Act (FELA). This law empowers injured railroad workers to hold their employers accountable for negligence, securing the compensation they deserve. When a railroad company prioritizes profits over worker safety, accidents can happen.
If you are a train operator or another type of railroad worker and you have been injured, you need to contact our experienced Houston train accident lawyers. We will fight to ensure you receive the full compensation you deserve, even if your employer's insurance company tries to minimize your claim.
The Gibson Law Firm has experience helping injured workers and railroad employees. Our lawyers have an understanding of FELA regulations and Texas personal injury law that can help you determine the best way to approach your claim. We stand by your side and fight fearlessly so you are not left paying the consequences for someone else’s neglect or carelessness.
Train Accident Injuries
According to the Texas Department of Insurance, the average weight of a train loaded with freight is 12 million pounds, which outweighs a car by a ratio of 4,000 to 1. When train accidents happen, it is comparable to a car striking an aluminum can. It is no wonder why serious injuries and fatalities occur so frequently.
Even if your car is only lightly impacted by a train at low speed, the devastating force can cause serious harm, leading to weeks of recovery. If you are on board the train when it crashes, you may suffer catastrophic injuries or die. Some of the most common train accident injuries our legal team has witnessed include:
- Amputations
- Brain injuries
- Broken bones
- Burns, both chemical and thermal
- Hearing loss
- Neck and back injuries
- Organ and soft tissue injuries
- Psychological trauma
- Spinal cord injuries
Insurance Providers May Resist Paying What You Deserve
Insurance companies can prioritize their bottom line over paying out settlements to injury victims. They often employ tactics to delay claims, deny legitimate claims, or offer significantly low settlement amounts.
If your medical expenses are stacking up, you need to contact a personal injury lawyer who will fight for your rightful compensation. We will hold insurance companies accountable and make sure that you get the maximum compensation you deserve. A personal injury lawyer can help you navigate the complex legal process, gather evidence, negotiate with insurance companies, and, if necessary, litigate your case in court.
By holding insurance companies accountable, The Gibson Law Firm can ensure that you receive the maximum compensation you deserve. Our track record of success in numerous personal injury claims demonstrates our commitment to fighting for our clients' rights.
Wrongful Death Claims in Train Accidents
In the tragic event of a wrongful death caused by a train accident, surviving family members may be eligible for a wrongful death claim. Cases involving wrongful death can be difficult and emotionally draining, and insurance companies may attempt to minimize liability or deny claims altogether. Our experienced attorneys will explain to you your rights, gather evidence, and work towards pursuing justice for your loved one.
Contact Our Train Accident Lawyers for A Free Consultation Today
Train accidents can impact your life and leave far-reaching consequences such as disabling injuries, emotional and psychological trauma, and financial hardship. If you are struggling to regain your life after an injury due to someone else’s negligence, you need a team behind you to prioritize your best interests. Our train accident attorneys fight for injury victims and their families to get a rightful settlement after a devastating accident.
We build a strong client relationship with you based on understanding, trust, and clear communication. Our train accident attorneys will listen attentively to your concerns, answer your questions, and keep you informed throughout the legal process. We fight tirelessly to protect the legal rights of our clients in their personal injury cases.
Contact us today for a free case evaluation. Let us help you navigate the complex legal process and focus on healing.