Train and Railroad Accidents
Houston Train Accident Attorney
The vast majority of train accidents occur at highway railroad crossing intersections. These accidents can cause death or serious injury to railroad workers, railroad passengers, pedestrians, or drivers / passengers of civilian vehicles. The massive bulk and weight of trains make them far more dangerous than any other form of land-based transportation. When train wrecks occur, the amount of property damage, personal injuries, and loss of human life are catastrophic.
If you or a loved one has been severely injured due to a railroad accident, train collision, or light rail accident, contact us today for a free case evaluation from one of our attorneys. We work to get you the full compensation you deserve the damages you have suffered.
Attorney George W. Wilhite is board certified in personal injury trial law by the Texas Board of Legal Specialization. Our firm has been representing victims of railroad accidents throughout the Houston area for over 40 years. If you have been injured by a train-related accident anywhere in Houston or the surrounding areas, including: Harris, Montgomery, Fort Bend, Grimes, Waller, or Washington Counties; contact us to evaluate your case and advise you of your right to fair compensation for your injuries.
Injuries Involving Collisions with Passenger Cars and Trucks
Trains are extremely immense and can take up to a full mile or sometimes further to come to a complete stop. When a train strikes a vehicle or pedestrian at a rail crossing, the results are devastating. Many of these accidents are caused by the failure or malfunction of automatic warning devices such as flashing lights and gates.
Extreme caution must be taken near train tracks. Drivers should be especially careful at railroad crossings and should not cross tracks if there is a train anywhere in sight. Pedestrians should also exercise caution near train tracks. They should only cross train tracks at marked crossings. Pedestrians shouldn’t ever use train tracks as pathways or walkways. Even walking beside train tracks can be extremely dangerous because trains hang over the edge of the tracks by at least 3-4 feet on either side and may extend even further when there is side-cargo.
The nature of a personal injury claim involving a train-related accident may depend on what the person was doing at the time of the accident. While trains usually have the “right of way,” train operators have an obligation to use caution and reasonable care to insure the safety of the public.
Investigating Train and Railroad Accidents
Determining the liability of the railroad involves a number of different factors including a thorough investigation of the circumstances:
- Was the railroad in compliance with all state and federal safety regulations?
- Did the railroad fail to remove certain dangers or obstructions?
- Were all headlights, horns, and bells properly working?
- Did the train properly sound the warning whistle?
- Were all warning devices at the crossing in proper working condition?
- Were the locomotive’s mechanical and electrical systems working properly?
At Wilhite & Lea, we have the experience and knowledge to properly investigate the accident. This may involve taking depositions from eyewitnesses, train engineers, and switchmen. It is also important to perform a thorough investigation of the crossing arms, lights, and maintenance records. Our attorneys are experienced in exposing the negligence of the railroad company, local municipality, or other parties’ that may have liability in the accident.
Common Causes of Train Accidents in Texas
The most common cause of railroad crossing accidents is the failure or malfunction of automatic warning devices such as flashing lights and gates. Other causes may include:
- Human error
- Debris or obstruction
- Mechanical failure
- Electrical failure
- Improperly maintained tracks
- Communication errors
- Derailment
When one of these accidents occurs, the results can be devastating. Having an experienced train accident lawyer working on your behalf is the best way to ensure maximum compensation for your injuries.
Railroad Workers and FELA Claims
The Federal Employers’ Liability Act, or FELA, is a United States federal law that provides compensation to railroad workers who are injured on the job. Under FELA, railroad workers who are not covered by workers’ compensation can sue companies over their injuries. Monetary payouts may be available to cover medical bills, lost wages, pain and suffering, or other damages suffered as a result of the injury.
In FELA claims, the injured railroad worker must prove that the railroad company was negligent under FELA, and this negligence caused or contributed to the accident. These cases often involve claims of comparative negligence, which may involve determining if, or to what degree the plaintiff’s own negligence may have contributed to the cause of the injury. In some cases, the railroad company may be held fully liable for the accident. If negligence can be proved, the injured railroad worker is entitled to full compensation.
FELA claims may involve more than just train accidents. The railroad industry is dangerous and may involve other types of workplace injuries, such as:
- Toxic exposure, chemical solvents, or diesel fumes
- Ballast injuries to legs, spine, or feet
- Carpal tunnel
- Lung cancer / mesothelioma
- Hearing loss
- Neck or back injuries
Railroads are required to provide a safe work environment. When workplace injuries occur in the railroad industry, it’s important to speak with an attorney as soon as possible for proper legal advice. At Wilhite & Lea, our experienced FELA attorneys are ready to help you wade through this difficult process and receive the compensation you deserve.
Railroad Safety Resources
Federal Railroad Administration (FRA) – Division of the US Department of Transportation dedicated to railway safety. This site provided information on accidents, inspections and highway railroad crossing data.
Operation Lifesaver – An international non-profit organization dedicated to reducing collisions, injuries, and fatalities at highway-railroad crossings.
Railroad-Highway Grade Crossing Handbook – This handbook is designed to provide information on highway-rail crossings and the operational improvements that can be made at highway-rail grade crossings to enhance the safety and operation of both highway and rail traffic through crossing intersections.
Wilhite & Lea, P.C. | Texas Train Accident Lawyers
The effects of an injury resulting from a train, railroad, or light rail accident can be life altering. If you’ve been injured in a train accident; it’s important to speak with an attorney in order to be advised of your right to fair compensation for the damages suffered as a result of the accident. At Wilhite Lea, we have been representing train accident victims for over 40 years. We provide free immediate consultations for anyone injured in a train or railroad accident in Harris, Montgomery, Fort Bend, Grimes, Waller, or Washington Counties.