Houston Train Accident Lawyer

Your health and safety come first. If you are involved in a train accident, call 911 or ensure someone calls it immediately get medical attention for any injuries, even if they seem minor at first. If you are able, try to gather evidence at the scene (or have someone do it for you): take photos of the accident scene, the train and vehicles involved, and any visible hazards or signals. Get the names and contact info of any witnesses, as well as other victims. Do not discuss fault or give detailed statements to railroad officials or insurance reps before speaking with a lawyer. As soon as possible, contact an experienced Houston train accident lawyer to protect your rights. An attorney can help coordinate a thorough investigation, preserve critical evidence (such as maintenance records or surveillance footage), and deal with the railroad company on your behalf while you focus on recovering.

Liability for a train accident depends on what caused the crash, and often more than one party is at fault. Potentially liable parties include the railroad or train company (for example, if they failed to maintain the tracks or train, or if their employee made an error), the train engineer or crew (if negligence like speeding or distracted operation led to the accident), and possibly the manufacturer of a faulty train part or signal system that malfunctioned. If a car or truck driver contributed to a collision (such as by stopping on the tracks or trying to beat the train), that driver can also be held liable. Additionally, a government entity might share blame if the train was operated by a public transit authority or if a hazardous condition (like a poorly designed crossing or broken traffic signal) under a city’s control played a role. In summary, any person or organization whose negligence caused or contributed to the train accident could be legally responsible for your injuries. A Houston train accident lawyer will identify all such parties and pursue claims against each one.

In Texas, the general statute of limitations for personal injury cases – including train accidents is two years from the date of the accident. This means you typically have up to two years to file a lawsuit for injury or wrongful death, or you lose your right to do so. However, it’s crucial not to wait to consult a lawyer. Important evidence can disappear over time, and there are exceptions that can shorten the deadline. For instance, if your claim is against a government entity (such as a city-run transit system like METRO), you are often required to give formal notice of your claim within a much shorter period (sometimes within 90 days or six months of the accident, depending on the agency). Failing to meet these notice deadlines can bar your claim even if the two-year statute hasn’t run. Because of these strict time limits, it’s wise to speak to an attorney as soon as possible after a train accident. Your Houston train accident lawyer will ensure all filings and notices are done on time and preserve your right to recover compensation.

If you are successful in your train accident claim, you may recover a range of damages to compensate for the harms and losses you suffered. In Texas, accident victims can generally seek: Medical expenses (including hospital bills, surgery, medication, rehabilitation, therapy, and future medical care you will need), lost income and earning capacity (wages lost while you were off work recovering, as well as reduction in your ability to earn in the future if you have a lasting disability), property damage (for example, damage to your vehicle if you were in a car that was hit by a train), and pain and suffering damages (this covers the physical pain, emotional distress, trauma, and loss of enjoyment of life resulting from the accident). In cases of egregious negligence, punitive damages might also be awarded to punish the wrongdoer, though these are rare and capped in Texas. If the case involves a fatality, eligible family members can receive wrongful death damages such as loss of financial support, funeral expenses, and loss of companionship. Our Houston train accident lawyers will work with you and perhaps financial experts to document all the ways the accident impacted your life. The goal is to ensure you are fully compensated for both your economic losses and your intangible suffering, so you have the resources to heal and move forward.

Joel A. Gordon & Associates works on a contingency fee basis for personal injury cases. This means you pay nothing upfront and no hourly fees. Our firm only gets paid if and when we recover money for you through a settlement or court judgment. If we don’t win your case, you owe us nothing. This contingency arrangement allows all injured victims, regardless of financial status, to access high-quality legal representation. During your free initial consultation, we will explain the contingency agreement in detail. In short, hiring us does not require any out-of-pocket payment from you. We also advance all case expenses (for example, costs of obtaining records or hiring experts) and those are reimbursed from the settlement at the conclusion of the case again, only if we win. In addition, our consultations are free, so it costs nothing to speak with us about your situation and get a professional case evaluation. We believe that worry about legal fees should never stop you from getting the help you need, especially after a serious accident.

You might still be able to recover compensation even if you are found partially at fault, thanks to Texas’s comparative negligence law. Texas uses a “51% bar rule,” which means you can recover damages as long as you were 50% or less at fault for the accident but your compensation will be reduced by your percentage of fault. For example, suppose a jury finds that the railroad company was 80% responsible for a derailment and you were 20% responsible (perhaps by being in an unauthorized area). In that case, you could still recover damages, but only 80% of the total amount of your losses. If your damages were $100,000, you would receive $80,000 (which is $100,000 minus the 20% that represents your share of fault). However, if you are found more than 50% to blame, you would be barred from any recovery. Insurance companies often try to argue the victim was partly at fault to reduce payouts, so having a strong attorney to counter such claims is essential. We will fight to minimize any blame placed on you. Each case is fact-specific we can advise you on how Texas comparative fault rules may apply to your situation and still work to get you compensation if possible.