Determining Fault and Establishing Negligence in Train-and-Motor-Vehicle Collisions
Statistics show more than 11,000 train-car accidents every year in the United States, with more than 8,000 injuries and almost 1,000 deaths. One of the biggest challenges, when trying to recover compensation for injuries caused in a train-car crash, is establishing who caused the accident. It’s common practice for the railroad and its attorneys to allege that the motorist was at fault. Fighting a railroad company requires experienced legal counsel. Bailey & Galyen can help.
Proven Attorneys Handling Train-and-Motor-Vehicle Collisions
At Bailey & Galyen, with offices across the Lone Star State, we bring more than 40 years of experience to injured people throughout Texas and nationwide. One of the largest consumer law practices in the state, we have a longstanding reputation for getting positive results for our clients. Over the last four decades, we have recovered more than $500 million for victims of personal injury.
Fighting for the Rights of Train-Car Accident Injury Victims for Decades
We’ve built our practice and our reputation on a commitment to provide the highest levels of personal service and attention, always giving 100% of our efforts to every case we take. When you hire us, we will protect your rights throughout the legal process, carefully investigating, gathering, and preserving all relevant evidence to support your claim. We will travel to the site of the accident, if necessary, and bring in expert witnesses, when appropriate, to prepare and present the most compelling arguments for your full financial recovery.
We will prepare and file all required pleadings and other documents, and we’ll be a strong voice for you in all hearings, proceedings, and meetings. We understand the importance of communication and being available when you have questions or concerns. We will carefully explain the law and process, as well as your rights, options, and likelihood of success, so you can make good decisions about your future. We’ll keep you notified of all developments in your case, so you always know where you stand.
Frequently Asked Questions About Train-Car Accidents
What Should I Do in the Immediate Aftermath of a Train Accident?
- Your health should always be your primary concern. Because your injuries may be uncertain, and some symptoms of serious injury may not be immediately apparent, you should remain where you are until emergency medical personnel arrive and assess you. You should then seek medical care at a hospital, urgent care facility, or doctor’s office. The longer you wait to get treatment, the greater the risk of jeopardizing your personal injury claims. Make certain doctors and nurses document everything in writing, and be sure to tell them about everything that seems unusual or out of the ordinary.
- The sooner you hire an experienced attorney, the better. Your lawyer will take immediate action to preserve all evidence to support your claim and can be your liaison or advocate with insurance providers. The longer you wait to retain counsel, the greater the likelihood that witnesses will move, disappear, or die; that evidence will be lost or compromised; or that memories will fade.
- If you are physically able, take the time to get contact information from anyone involved in the accident and all potential witnesses. Use your cell phone camera to get pictures of everything related to the accident, including the damage to your vehicle or the train, your injuries, road or track conditions, and the weather.
What Are My Responsibilities as a Motorist Approaching Train Tracks in Texas?
As a motorist approaching railroad tracks, you must obey all posted traffic and warning signs. If a train comes within 1,500 feet of a railroad crossing and gives an audible warning, you must stop. However, you may not be closer than 15 feet from the track, nor more than 50 feet away, unless there are other vehicles in front of you.
What Are the Responsibilities of the Train Operator and Crew?
Railroad companies have a duty to properly maintain all crossings, including any warning signals or gates that prevent motorists from driving onto the track. The railroad company must also ensure that the crossing does not have any obstructions to a motorist’s line of sight, including trees, buildings, or signs.
What Damages Are Available If I Am Injured in a Train-Car Accident?
If you’re hurt because of the carelessness of another person, including the operator of a train, you have a right to seek compensation for your losses, including:
- Wages, income, or salary
- Loss of enjoyment of life—the ability to do things you love, or that have brought joy, meaning, or value to your life
- Loss of companionship or consortium
- Physical pain and suffering caused by the accident
- Uninsured medical expenses caused by the accident
How Can Bailey & Galyen Protect My Rights After an Accident at a Railroad Crossing?
At Bailey & Galyen, we have protected the rights of personal injury victims across Texas for more than four decades. We know the courts and the ways different judges and juries treat personal injury claims. We understand when expert witness testimony is essential, and we know the other types of evidence that typically are persuasive.
Contact Bailey & Galyen for an Experienced Railroad-Accident Attorney
After a railroad-crossing accident, you need an experienced lawyer to help you get full and fair compensation. The proven personal injury attorneys at Bailey & Galyen offer a free initial consultation. We handle all railroad-crossing-accident lawsuits on a contingent-fee basis. You won’t pay any legal fees unless we get compensation for your losses.
We offer proven counsel in railroad-crossing-accident claims across Texas, with offices in Arlington, Bedford, Burleson, Dallas, Fort Worth, Grapevine, Houston, Mansfield, Mesquite, Midland/Odessa, Plano, Texarkana, and Weatherford.