Texas Train and Railroad Accident Attorneys

Experienced Railroad and Train Injury Attorneys

Train and railroad accidents usually fall into one of two categories: those involving railroad employees injured on the job, and those involving non-rail workers injured in a train accident. Whether the accident involves a railroad employee, train passenger, or innocent motorist, the results are often swift and catastrophic.

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Railroad Worker on-the-job Injuries

Railroad workers include those involved in railroad construction as well as those working on the train itself. These workers are protected under the Federal Employers Liability Act (FELA), which mandates that workers injured or killed on the job are entitled to compensation for medical bills, lost wages, and pain and suffering resulting from the accident. These accidents can be caused by:

  • Improper supervision
  • Human error
  • Poor working conditions
  • Exposure to toxic chemicals
  • Hazardous equipment
  • Equipment failure
  • Inadequate safety measures
  • Failure to follow safety regulations

According to the Federal Railroad Administration (FRA), approximately 12 railroad workers were killed each year between 2013 and 2016. Approximately 3,924 railroad workers were injured each year in the same time period.

Common Causes of Train Passenger Injuries

Train passengers can be injured or killed when the train they are on is involved in a collision. These accidents can be caused by:

  • Conductor negligence
  • Mechanical failure
  • Outdated train tracks
  • Poor track maintenance
  • Train derailment
  • Defective automatic warning devices
  • Collision with a vehicle
  • Collision with another train

Non-passengers at Risk of Severe Injuries

Other motorists, bicyclists, and pedestrians can also be injured or killed as a result of a train accident. In 2014, there were 2,088 accidents that occurred at a highway-railroad crossing intersection. These incidents can be caused by:

  • Driver error
  • Conductor negligence
  • Defective automatic warning devices
  • Defective rail crossing signs
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Your Train Accident Questions Answered

We have straight answers to difficult questions to help you make critical decisions, navigate legal process and help you get justice.

Following a train accident, there are always more questions than answers. At Thomas J. Henry, we’re here to answer any questions you have about your injury case.

As long as the truck driver is an employee of a commercial vehicle or trucking company, your lawsuit will seek damages from both the driver as well the company who employs the driver. Texas law is very clear on this, stating that commercial vehicle companies are responsible for the negligent actions of their employees.

In addition to being responsible for driver negligence, commercial vehicle companies are also responsible for ensuring:

  • Their drivers have obtained and maintained proper licensing to operate a commercial vehicle
  • Their drivers have not committed any disqualifying criminal offenses that would compromise their CDL
  • Their drivers understand they are prohibited from using handheld devices while driving
  • Their drivers are in compliance with hours of service regulations at all times
  • Their vehicles are properly maintained and inspected regularly

Failure to adhere to these regulations or any others coded in Title 49 of the Code of Federal Regulations and the Federal Motor Carrier Safety Act (FMCSA) can result in a trucking company being held responsible for your injuries.

In some cases, your attorney may decide it is best for you to sue the trucking company only and not the driver.  This is because you are seeking compensation for your injuries and any other damages. While you may want to bring the driver to justice, limiting your lawsuit to the company might be the most financially viable action and the most likely to help you in your recovery.

Most commercial vehicle companies will attempt to distance themselves from an accident and their own drivers in an attempt to limit their liability, even if this means throwing the employee under the bus. Commercial vehicle companies also employ teams of investigators and attorneys whose sole purpose is to challenge claims and reduce the amount of money that the commercial vehicle company has to payout.

Among the tactics commercial vehicle companies will use to dismantle your claim are:

Recorded Statements – The commercial vehicle company’s insurer will contact you after the accident requesting a recorded statement. While they claim this is to they can better understand your injuries and streamline the payout process, they are actually trying to get you on record saying something that harms your case. It is essential that you speak to an attorney before providing such a statement. Do not be bullied, you have no legal requirement to answer the insurer’s questions without the advice of your attorney.

Low Settlement Offers – The insurance company wants to settle your claim for as little as possible. They know that you are in a state of chaos and confusion and will take advantage of it. While it may be tempting, do not accept the insurer’s offer without consulting with your attorney first.

Destroying Evidence – Oftentimes, a commercial vehicle company will attempt to destroy or alter records or evidence after an accident with the goal of hiding their mistakes. An attorney can file a court-ordered temporary restraining order in order to preserve any and all evidence in the state that it was in at the time of your accident.

Not Ordering a Drug or Alcohol Test – Some companies will tell drivers involved in an accident not to submit to a drug or alcohol test if they think the driver was impaired when the crash occurred. The driver may feel pressured as being under the influence while behind the wheel can end their career. Federal regulations actually require drivers get tested following a crash. Still, the fine for violating this regulation is much less damaging than the repercussions of a trucker driving under the influence of alcohol or drugs.

Delaying the Claim – May commercial vehicle companies will attempt to delay your claim in the hopes that you will lose the will and financial resources to fight. Thomas J. Henry has the money and manpower to see your case through to the end and knows how to drive a case forward.

Commercial motor vehicles, or company vehicles, come in many different forms: 18-wheelers, box trucks, van, cars, and garbage trucks. Any vehicle that is owned and operated by a company and is used by employees or agents of the company are considered commercial vehicles. Some commercial vehicles, like semi-trucks, require drivers to hold commercial driver’s licenses.

Commercial vehicle accidents are oftentimes caused by:

  • Following too closely
  • Improper lane changes and other traffic violations
  • Driver fatigue
  • Failure to maintain vehicle
  • Improper loading

Commercial truck operators are required to abide by hours of service regulations, which ensure that a driver is well-rested and has a proper amount of sleep before getting behind the wheel. A fatigued driver can cause catastrophic injuries in a crash by falling asleep at the wheel.

Commercial vehicle and truck accident cases can be complex because there are multiple parties that could be held liable for your injuries, including the vehicle’s driver, the company that owns or operates the commercial motor vehicle, or the vehicle’s manufacturer.

Companies are generally responsible for the actions of their employees. Unqualified management of a commercial vehicle fleet could lead to unqualified drivers. Employers may be liable for:

  • Failure to properly train drivers
  • Failure to maintain vehicle
  • Negligent hiring practices
  • Failure to verify proper driver licensing or certification
  • Negligent supervision

Deciding who to sue (and where to sue) largely depends on the facts surrounding your case and how the accident was caused. An attorney with experience handling commercial vehicle accidents understands how to determine who the negligent party is.

Thomas J. Henry has helped victims in commercial motor vehicle accidents stand up against large companies and corporations and get them the compensation they deserve. When up against a law firm with extensive legal and financial resources and a proven record of winning big cases, companies are more apt to offer an appropriate settlement amount.

Depending on the size of the commercial motor vehicle and the severity of the wreck, injuries can widely vary. For example, a crash involving an 80,000 lb. semi-truck and a passenger vehicle could result in catastrophic injuries or death. Common commercial vehicle accident injuries include:

  • Spinal cord injuries
  • Traumatic brain injuries
  • Internal organ injuries
  • Fractures and broken bones
  • Soft tissue injuries (such as whiplash)
  • Cuts and lacerations
  • Psychological and mental injuries

In the United States, “commercial vehicle” is a pretty broad term. Many times, when a layman thinks of a commercial vehicle, they think of a delivery truck or an 18-wheeler; however, in the United States, commercial vehicles can also include fleet vehicles, passenger transports, company cars, and other vehicles used for business.

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Real Stories

Mike Phillips

  • PREMISES LIABILITY
  • NECK AND BACK INJURY

When Mike suffered a back injury after falling down broken stairs at an apartment complex, he called Thomas J. Henry. This is his story.

James Cameron

  • 18- WHEELER ACCIDENT
  • NECK AND BACK INJURY

James was on his way to work when his car lost control due to a trucker spilling acid on the road. After suffering neck and back injuries, he called Thomas J. Henry. This is his story.

Zamrye Escamilla

  • 18-Wheeler Accident 

  • Back Injury

Zamyre underwent two back surgeries after being hit by a company vehicle. She chose Thomas J. Henry to represent her in her case. This is her story. 

Recent Results

This is just a small sampling of the results we have obtained for our clients. Please click through to view more verdicts, settlements, and judgments.
Trucking Accident
$50 Million

Net to Client: $27 Million

Expenses: $1.1 Million

Attorney Fees: $21 Million

NECK INJURIES

SPINE & BACK INJURIES

Trucking Accident
$35 Million

Net to Client: $22.2 Million

Expenses: $100 Thousand

Attorney Fees: $12.8 Million

WRONGFUL DEATH

Product Liability
$30.2 Million

Net to Client: $20.1 Million


Expenses: $39.6 Thousand

Attorney Fees: $10.1 Million

SPINE & BACK INJURIES

Premises Liability
$14.8 Million

Net to Client: $6.7 Million

Expenses: $652 Thousand

Attorney Fees: $7.4 Million

TRAUMATIC BRAIN INJURY

Medical Malpractice
$12.7 Million

Net to Client: $10.4 Million

Expenses: $300 Thousand

Attorney Fees: $2 Million

SPINE & BACK INJURIES

Company Vehicle Accident
$10 Million

Net to Client: $5.6 Million

Expenses: $125 Thousand

Attorney Fees: $4.3 Million

NECK INJURIES

SPINE & BACK INJURIES

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Customer Reviews

Jose Araujo

San Antonio

1 year ago

Mi abogado muy atento con todo me aludo i explicó muy bien I en la oficina todos muy amables I profesionales muchas gracias por todo

Saily Fuentesp

San Antonio

1 year ago

Super recomendado muy profesionales y rapidos tienen servicio en espanol y mantiene informada todo el tu caso

Javier Elias

Corpus Christi

2 years ago

Primero, si pudiera dar una calificación superior a 5 estrellas, lo haría por el excelente trabajo realizado por Thomas J. Henry y su equipo. Él es un gran representante legal y muy honesto.

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