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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

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.

What Sets Us Apart From Other Firms?

  • We Respond to Texts, Emails, Calls Within 1 Hour

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OUR NO FEE PROMISE

  • Totally Free Case Evaluation
  • We Will Advance all Case Costs, Which Include Hiring Investigators and Medical Field Experts.
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Contact an Experienced Personal Injury Lawyer

  1. After an accident, the responsible party's insurance company may try to reduce the claim amount. Commonly, insurance adjusters are trained to get information from the injured to assist in reducing the claim. Though some insurers are less guilty of this practice than others, it is important to realize that insurance companies are profit-oriented corporations and reducing claims results in increased profits for shareholders. This can create a situation for the injured in which they are offered a settlement that does not truly reflect the damages suffered. If you accept this settlement, you lose the ability to get more money should your injuries require further medical treatments. It is critical that victims get legal assistance in any personal injury case, and The Doan Law Firm is prepared to fight relentlessly for your rights.
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