Dallas Railroad and Train Accident Lawyer
2911 Turtle Creek Blvd. Suite 300
Dallas, TX 75219
Call (214) 307-0000
Railroad accidents can lead to devastating injuries that can lead to medical bills in the hundreds of thousands of dollars as well as a lifetime of disability. In many cases these accidents result in deaths that deprive a family of its chief wage earner. On this page we will take a look at railroad accidents the legal options available to insure that the victims of these accidents, and their families, receive compensation for their injuries and losses.
Causes of Railroad Accidents
Although there are usually multiple factors that contribute to railroad and train accidents, a number of contributing conditions appear to be involved more frequently than others.
The more-frequently cited causes are:
- Human error, including engineer and conductor negligence
- Accidents at unprotected railroad crossings
- Stalled cars on the track
- Problems with the track due to improper maintenance
Recovering Damages and Railroads
It is your legal right to receive compensation for your injuries that were caused by the negligence of a railroad, its subcontractors, and their employees. However, the type of railroad involved will determine both the court in which your case will be heard and the amount of damages that may be awarded.
Federal and Corporate Railroads
The only passenger railroad in the United States is the National Railroad Passenger Corporation, better known as Amtrak. In Texas, Amtrak’s operations are the Texas Eagle (Chicago to San Antonio), the Sunset Limited (New Orleans to Los Angeles), and the Heartland Flyer (Oklahoma City to Fort Worth).
The majority of railroads that operate in Texas are investor-owned and organized as corporations. These railroad corporations range from those that operate only within the state (“short line”) to the large interstate freight carriers such as the Union Pacific (UP) and the Burlington Northern and Santa Fe (BNSF).
Generally, lawsuits seeking to recover damages for injuries that arise from the negligence of federal and corporate railroads are heard in state courts but can, in certain circumstances, be heard in a federal district court.
Municipal railroads such as the Dallas Area Rapid Transit (DART) or the Houston METRO rail lines are commuter railroads and are responsible to their respective city or county governmental agency, the Texas Railroad Commission and, indirectly, the Federal Railroad administration.
The Texas Tort Claims Act and Municipal Railroads
The Texas Tort Claims Act (TTCA) was enacted to give those injured by a department or an agency that is run by the state, a county, or a city government the right to sue that government for damages. While the TTCA makes it easier to sue a government in Texas, it also works to protect a state or local government from large financial losses that could occur after a lawsuit by placing a limit (“cap”) on the total amount of damages that can be awarded for a given injury.
These TTCA caps on liability are:
- State of Texas or a City: $250,000 per person / $500,000per incident.
- County: $100,000 / $300,000.00 per incident.
Injuries that involve a municipal railroad are subject to a cap on damages that will not cover your medical and other expenses. If your injury was due to a municipal railroad, you should contact a railroad accident attorney as soon as possible after the injury occurs.
Injured? You Need the Dallas Railroad and Train Accident Lawyer
Identifying those responsible for railroad and train accidents can be a time-consuming and tedious process. Even after the responsible parties have been identified, the legal processes necessary to prove liability and then take those parties to court can add yet another round of complexity to an already complex problem.
If you were injured in a railroad or train accident and want to protect your legal right to be compensated for your injuries, your first move should be to contact the Dallas railroad and train accident lawyer at the Doan law Firm by calling (214) 307-0000 to schedule your free consultation concerning the facts of your case and the legal remedies that are available to you.
When you contact our Dallas railroad and train accident lawyer, your initial consultation is always free and without further obligation. Should you decide that we should manage your railroad accident injury case, we will absorb all the fees and any other costs that will be necessary for us to win your case.
At our firm, we will never ask for payment in advance for any of our services and we will accept an agreed-upon percentage of your final settlement as payment in full for our services.
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