Train accidents are devastating and can easily result in serious injury or death. If you or a loved one has been injured or if you have lost a family member in a train accident, you need to speak to a Texas train accident attorney who can help you understand your legal options for filing a claim and recovering damages. The law firm of Flores & Lopez, LLP does not charge up front fees and there are no fees if we do not win your case. We offer a free consultation to all potential clients.
Train Accident and Derailment Information
In the United States, there are over 600 railroads and hundreds of thousands of miles of railroad tracks crossing this country. Much of this is used for freight transport, which includes rail for cargo, merchandise and chemicals. It is those trains carrying the toxic chemicals that are of particular threat when they are involved in accidents. Passenger trains, on the other hand, use only a fraction of the railroads. These railroads, too, are involved in collisions and derailments. The problem here is, these trains are carrying hundreds of passengers on them. Negligence on the part of engineers, inadequate rail maintenance, and unsafe operators are but a few of the reasons cited for what causes train accidents. Automobiles crossing the tracks and causing collisions is an all too common problem. Train travel has increased dramatically in Texas in the past decade. Commuters rely on trains such as the MetroRail to get them to and from work every day. With more use comes an increase risk of accidents. In many cases such accidents could have been avoided if the engineer had acted in a proper fashion. When these accidents do occur, they may result in lost lives and terrible injury to those involved.
Railroad accidents may also result in hazardous chemical and material spills. These types of accidents basically consist of:
- train derailments
- collisions with passenger vehicles or trucks
- collision with other trains
Federal Railroad Administration
The Federal Railroad Administration keeps record of the number of incidents that occur in the railroad industry; this includes illnesses, injuries, and even deaths to railroad workers and train passengers. From January to September in 2010, there were more than 8,400 total train incidents, of which, more than 550 were fatal.
According to the Texas Department of Transportation, in a collision with a train, you are 40 times more likely to be killed than if you were in a collision with another car. Therefore, we urge you to remember these tips while driving near railroad crossings:
- Reduce speed when approaching crossings and look both ways.
- Turn down your stereo and listen for a train.
- If red lights are flashing or if crossing arms have been lowered, stop.
- Never stop on the tracks. A train going 50 miles per hour needs a mile and a half to stop.
- Be sure all tracks are clear before crossing – there may be more than one set.
Texas law requires motorists to yield the right of way to trains. It is also against the law to cross tracks if a train is visible or to drive around gates that have been lowered at a railroad crossing. If the gates are down and no train is coming, the road is closed.
Rail Safety Inspection Program
The rail safety inspection program is directed toward the enforcement of state and federal rail safety standards for track, locomotives, freight cars, signal and train controls, operating practices of employees, and the transportation of hazardous materials. The rail safety program is conducted in coordination with the Federal Railroad Administration.
Texas Department of Transportation rail safety inspectors conduct safety inspections of railroad facilities and equipment. They also monitor compliance with both state and federally-mandated safety regulations in the areas of hazardous materials, operating practices, motive power and equipment, signal and train control, and track.
Texas is currently participating in the Federal Railroad Administration’s (FRA) Rail State Safety Participation Program under 49 CFR Part 212 which allows states to enter into an agreement with FRA for the delegation of specified authority. This includes investigative and surveillance authority regarding all or any part of Federal railroad safety laws.
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