Texas Train Accident? Personal Injury Lawyers Ready to Help
TL;DR: After a Texas train or railroad crossing incident, get medical care, preserve evidence, and talk to a lawyer before giving statements to insurers or railroad representatives. Fault can be shared among railroads, contractors, manufacturers, motorists, or government entities. Under Texas proportionate responsibility, your damages can be reduced—and are barred if you are more than 50% at fault. Deadlines are strict, and some claims require early notice. Contact us for a free case evaluation.
After a Texas Train Accident: First Steps
- Call 911 and seek medical care immediately, even if injuries seem minor.
- Report the incident to law enforcement and, if applicable, the railroad or transit authority on scene.
- Preserve evidence: photograph the scene, signals, crossing arms, train identifiers (engine number, operator), vehicle damage, skid marks, and visible injuries.
- Collect contact details for witnesses and responding agencies.
- Do not give recorded statements to any insurer or railroad representative before speaking with an attorney.
- Keep medical records, repair estimates, out-of-pocket receipts, and any official reports.
Practical Tips
- Preserve digital evidence: Back up phone photos and videos to the cloud and save copies to a second device.
- Track symptoms: Keep a simple daily log of pain levels, mobility limits, and missed activities.
- Watch social media: Set profiles to private and avoid posting about the incident or your injuries.
- Send a preservation letter: An attorney can quickly request the railroad preserve black box data, signal logs, and video.
Common Causes of Train and Railroad Crossing Accidents
- Malfunctioning crossing signals or gates
- Inadequate sightlines or warning devices at crossings
- Train operator inattention or speed-related issues
- Track or equipment defects and maintenance failures
- Vehicle–train conflicts at grade crossings
- Pedestrian incidents near stations or along rights-of-way
- Cargo spills or hazardous materials incidents
Who May Be Liable
Depending on the facts, multiple parties may share responsibility:
- Railroad companies and their contractors
- Train operators and crew
- Equipment manufacturers (locomotives, signal systems, gates)
- Maintenance providers for tracks, signals, and crossings
- Government entities responsible for roadway approach design, signage, or crossing upgrades
- Motor vehicle drivers or commercial carriers involved in a collision
Liability in Texas is fact-specific and may involve complex federal and state safety standards.
Evidence That Can Strengthen Your Claim
- Event data recorders (locomotive “black box”), horn/bell logs, and Positive Train Control data
- Signal maintenance and inspection logs, gate test records, and FRA-reportable incident data
- Track inspection and defect remediation records
- Crew qualification, hours-of-service, and training documentation
- Dispatch communications and video from locomotive or crossing cameras
- Scene reconstruction, sight-distance studies, and human factors analyses
Checklist: Documents and Info to Gather
- Accident report number and responding agencies
- Photos/video, witness names and phone numbers
- Medical records, bills, and pharmacy receipts
- Proof of lost wages or missed work
- Your auto policy and any health insurance information
- Any letters or emails from insurers or the railroad
- Notices from government entities (if any)
How Texas Law Handles Fault and Damages
- Texas applies proportionate responsibility (comparative fault). Your compensation is reduced by your percentage of fault, and recovery is barred if you are more than 50% responsible (Tex. Civ. Prac. & Rem. Code § 33.001, § 33.012).
- Recoverable damages may include medical expenses, lost income, diminished earning capacity, pain and suffering, disfigurement, and property loss. In cases of egregious conduct, punitive (exemplary) damages may be considered under Texas standards.
- Claims against government entities may have special procedures, shorter notice requirements, and damages caps under the Texas Tort Claims Act.
Railroad and Government Defenses
Railroads and public entities often assert defenses such as federal preemption (arguing federal railroad safety laws and regulations control), compliance with signal and maintenance standards, comparative fault, and sovereign or governmental immunity where applicable. Early legal analysis helps preserve the right strategy and meet procedural requirements.
Dealing With Insurers and Railroad Claims Agents
- Expect early outreach requesting statements or medical authorizations—decline until you have counsel.
- Do not accept quick settlements before the full scope of injuries and future care needs are known.
- Route communications through your attorney to avoid statements being used against you.
Why Act Promptly
- Key deadlines apply. Texas’s general statute of limitations for personal injury is two years (Tex. Civ. Prac. & Rem. Code § 16.003), and claims involving government entities frequently require notice within six months—and sometimes sooner under local charters (Tex. Civ. Prac. & Rem. Code § 101.101).
- Evidence such as onboard data, signal logs, and video footage can be overwritten or lost without timely action.
- An attorney can send preservation notices, investigate quickly, and ensure filings and notices are made within applicable deadlines.
How Our Texas Personal Injury Lawyers Help
- Rapid investigation and evidence preservation
- Coordination with accident reconstructionists and railroad-safety experts
- Identification of all responsible parties and insurance coverage
- Management of medical documentation and damages proof
- Strategic negotiation and, if necessary, litigation in state or federal court
- Clear communication and contingency-fee representation—no attorney’s fees unless we recover compensation for you; costs may apply
FAQ
What is the statute of limitations for a Texas train accident injury?
Generally two years from the date of injury. Claims involving a governmental unit may require notice within six months or less, so act quickly.
Can I recover if I was partly at fault?
Yes, unless you are more than 50% responsible. Your damages are reduced by your percentage of fault.
Who might be liable for a crossing signal failure?
Potentially the railroad, signal maintenance contractors, equipment manufacturers, or a governmental entity responsible for the crossing design or warnings, depending on the facts.
How long do these cases take?
Timelines vary with injury severity, investigation complexity, and whether litigation is required. Early evidence preservation helps move the case forward.
Take the Next Step
If you or a loved one was hurt in a Texas train accident, contact our team today. We will evaluate your case, explain your options, and move quickly to protect your rights.
Legal References
- Texas Civil Practice & Remedies Code, Chapter 33 (Proportionate Responsibility)
- Texas Civil Practice & Remedies Code, Chapter 101 (Texas Tort Claims Act)
- Texas Civil Practice & Remedies Code § 16.003 (Two-Year Limitations Period)
- Federal Railroad Administration Safety Regulations (49 CFR)
- 49 U.S.C. § 20106 (FRSA Preemption)
- CSX Transportation, Inc. v. Easterwood, 507 U.S. 658 (1993)
- Norfolk Southern Ry. Co. v. Shanklin, 529 U.S. 344 (2000)
Disclaimer: This blog post is for general informational purposes only and is not legal advice. Reading it does not create an attorney–client relationship. Texas law imposes strict deadlines and notice requirements that may vary by case; consult a licensed Texas attorney about your specific situation.