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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  • Outdated train tracks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.

In order to operate a commercial vehicle in Texas, a driver is required to obtain and maintain proper licensing as well as adhere to strict federal and state guidelines. If the commercial driver that caused your accident is not licensed or has allowed their license to expire, they should not have been on the road and your wreck should have never occurred.

If the driver in you commercial vehicle accident was not licensed or allowed their license to expire, you may also have a case against that driver’s employer. Trucking companies are generally responsible for the actions of their employees when their employees are acting as agents for the company. This includes verifying that their employees have proper licensing and certifications.

Employers may also be held liable for:

  • Negligent supervision
  • Negligent hiring practices
  • Failure to properly train drivers
  • Failure to maintain vehicle

Regardless of who we decide to sue, our experienced team of injury lawyers understands how large companies and corporations operate when an employee is involved in a serious automobile accident.

If you have been injured or lost a loved one in a commercial vehicle accident, it is essential that you obtain competent legal representation. Choosing the right attorney to handle your commercial vehicle accident claim can make the difference in you and your family getting the financial recovery you deserve.

Here are a few items you should consider when looking for a personal injury attorney to handle your case:

  • Hire an attorney with significant trial experience
  • Hire an attorney who has access to top expert witnesses
  • Hire an attorney with the resources to take on large companies
  • Hire an attorney who operates on a contingency-fee basis

In the United States, a vehicle may be considered a commercial vehicle if:

  • It is titled or registered to a company or a corporation.
  • Is used for business, but is under the name of a sole proprietor for that business.
  • Is a leased vehicle and in the name of the financial institution that owns it.
  • Exceeds a certain weight or class, even if it is not used commercially or company owned. Generally, any vehicle with a weight rating of 26,001 pounds or more is considered a commercial vehicle, regardless of use or ownership.
  • Is used in the transportation of hazardous materials.

Note that a vehicle used for business may remain privately licensed depending on the amount of time it is used for business.

Among the commercial vehicles that most occupy public roadways are:

  • Large trucks
  • Box trucks
  • Delivery trucks
  • Semi trucks
  • Tractor-trailers
  • Travel trailers exceeding 10,000 pounds
  • Large vans (intended to carry more than 15 passengers)
  • Taxicabs
  • Coaches
  • Buses
  • Heavy equipment (backhoes, bulldozers, large farm equipment, etc.)

In the United States, “commercial vehicle” is a pretty broad term. Many times, when a laymen thinks of a commercial vehicle, they thing 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.

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

Our Practice Areas

Representing injured victims from across the United States.

No matter the injury or the accident, if you or a loved one were harmed due to the negligence of an individual or company, Thomas J. Henry is here to assist you.

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