When it comes to railroad accidents and injuries, there’s a sobering reality that many don’t realize: the law heavily favors railroad companies, their conductors, and engineers. According to Operation Lifesaver, a person or vehicle is struck by a train every three hours in the United States. In 2023, Texas led the nation in railway crossing incidents, with particularly concerning statistics in the Dallas-Fort Worth metroplex. This legal framework, which has evolved over more than a century of American jurisprudence, means that winning a case against a railroad company can be particularly challenging. But don’t let the railroads roll over you. Here at the Law Offices of Tim O’Hare, our car and truck accident lawyers have compiled this article to help you understand your rights and fight for the justice you deserve.
Understanding the Complexities of Railroad Law
Limited Duty of Care
- Maintain warning signs at crossings
- Sound horns at designated crossings
- Maintain crossing equipment, and
- Operate trains at reasonable speeds
Trespasser Status
Federal Preemption
Common Misconceptions
- Assumption of Risk: Individuals who knowingly disregard warning signs may be deemed to have assumed the risk of injury.
- Speed Regulations: Trains operating within designated speed limits are often protected under federal regulations.
- Warning Systems: Basic warning signs, such as those outlined in 49 CFR § 234.225, may satisfy legal requirements.
Recent Advancements in Railroad Safety
While the legal landscape for railroad accidents can be complex, significant strides have been made in recent years to improve safety. The Infrastructure Investment and Jobs Act of 2021 has allocated substantial funding for:
- Grade crossing upgrades: This includes improvements to crossing signals, warning systems, and physical barriers to reduce the risk of collisions.
- Positive Train Control (PTC) systems: PTC is a safety system that can automatically stop a train to prevent accidents, such as derailments and collisions.
- Enhanced safety technology: This includes advancements in braking systems, track inspection technology, and other safety features.
However, despite these advancements, railroad accidents continue to occur. To protect yourself and avoid potential legal pitfalls, it’s important to follow these safety tips:
- Never trespass on railroad property.
- Always obey crossing signals.
- Avoid distractions near crossings.
- Never attempt to beat an approaching train.
- Assume all tracks are active.
What to Do After a Railroad Accident in Texas
If you’ve been injured in a railroad accident in Texas, there are steps you can take immediately to protect your rights and maximize your chances of recovering compensation.
Here’s what you should do:
- Seek Medical Attention: Prioritize your health and well-being by seeking immediate medical attention.
- Document the Incident: Gather as much evidence as possible, including:
– Photograph and/or video the crossing and surrounding area and the
vehicles involved
– Note any missing or damaged warning signs
– Gather witness information
– Preserve video footage if available - Contact a Texas Railroad Accident Attorney: An experienced personal injury attorney can guide you through the legal process, protect your rights, and fight for fair compensation.
By taking these steps, you can increase your chances of a successful claim and ensure that your rights are protected.
Why You Need a Railroad Accident Lawyer in North Texas.
Railroad accidents represent some of the most complex personal injury cases in Texas law. The North Texas region with its extensive rail network serving both freight and passenger operations, sees numerous incidents requiring specialized legal expertise.
Local personal injury attorneys provide key advantages to your legal claim:
- Deep understanding of regional railroad operations
- Established relationships with safety experts and investigators
- Knowledge of Texas-specific regulations
- Quick access to accident scenes and evidence
- Experience with major railroads operating in North Texas
If you’ve been injured in a railroad accident in Texas, you need a skilled and experienced personal injury lawyer on your side. Railroad accidents can be complex and often involve significant and often fatal injuries and extensive property damage.
Don't Let the Railroads Take Advantage of You
Remember, winning a case against a railroad company requires extensive legal knowledge and resources. While these cases present significant challenges, our experienced personal injury attorneys located in Carrollton and Dallas know how to navigate the complex legal framework surrounding railroad accidents.
Contact The Law Offices of Tim O’Hare for a free consultation if you or a loved one has been involved in a railroad accident. Our team works on a contingency fee basis — you don’t pay unless we win your case.
