Personal injury Library
Topic: Train Accidents
Here you'll find a collection of articles containing in-depth insights and quick answers to common questions about Train Accidents.
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How Does Accident Reconstruction Work In Train Accident Cases?
The Importance of Accident Reconstruction Following a Serious Train Accident in Texas All of the evidence in the world can be unpersuasive to a jury or an insurance company without proper context. To give evidence context people with industry-specific knowledge known as expert witnesses are usually employed. One of the most important of these experts...
Read MoreHow Do Attorneys Preserve Evidence in Train Accident Cases?
The Importance of Securing Evidence Quickly After a Train Accident While most people think of railroads as being a 19th Century means of transportation, rail transport remains an important part of the American infrastructure. Yet, when railroads are not operated safely, accidents can occur. The time shortly after an accident is absolutely crucial to gathering...
Read MoreWhat Is the Most Important Evidence Available in a Train Accident Case?
Types of Important Evidence Available in a Texas Train Accident Case In the event someone is injured or killed by a train, they will need adequate evidence to support their train accident claim. That's because, in the state of Texas, claimants possess the burden of proof in the eyes of the law. That means that...
Read MoreWhat Defense Tactics Do Railroad Companies Use?
Arguments, tactics and tricks used by Texas railroad companies to damage your case: As with any defendant in a personal injury lawsuit, railroad companies retain the right to defend themselves against liability if a claim for injury and loss of life is made against them. In this article our attorneys discuss the specific tactics that...
Read MoreHow Do Lawsuits Against Self-Insured Railroads Work?
Because most railroads are self-insured, making any real progress with your claim will be difficult without an attorney. When you're injured or someone you love is killed as a result of a train accident, you're going to have to either file an insurance claim against the railroad and attempt to settle out of court or...
Read MoreIs There Jury Bias in Railroad Injury Cases?
How jury bias affects a Texas train accident case: All people possess some degree of bias in some aspect of their worldview. For some people, the default assumption is that all lawyers are greedy. For others, all doctors want to do is treat your illness rather than cure it. Biases like these are rarely based...
Read MoreHow Should Victims Deal With Independent Claims Adjusters after a Train Accident?
When filing an injury or wrongful death claim with the railroad company, you will be dealing with an independent claims adjuster. Whenever a serious injury or fatality results from a railroad's negligence, most railroads bring in an army of lawyers to defend themselves. To aid their attorneys in administering the claim, railroads also bring in...
Read MoreWhat Obstacles Do Victims Face in Train Accident Lawsuits?
Your Texas train accident case will be full of obstacles that we can help you negotiate. Whether you are injured while working for a railroad or in an accident involving a train, the obstacles to receiving compensation can seem like a lot to overcome. You have to deal with claim adjusters, the railroad company's insurance...
Read MoreWhat is the Federal Railroad Safety Act?
Our attorneys discuss the FRSA and how it can effect your train workers in Texas. Originally passed in 1970 and revised most recently in 2007, the Federal Railroad Safety Act (FRSA) seeks to protect injured railroad workers from being fired or retaliated against because they attempt to seek the compensation they deserve from their employers....
Read MoreWhat Is the Difference Between FELA & Workers’ Compensation?
What is the Federal Employers Liability Act and How is it Different From Texas Workers' Comp? You have most likely seen articles on how innocent bystanders and train passengers can obtain compensation via lawsuit. As an injured worker for a train or rail company, your sole financial remedy will be pursuing a claim through the...
Read MoreWhat is FELA?
The Federal Employers Liability Act and How it Affects Your Texas Train Accident Case Working on a railroad can be a dangerous profession. The combination of massive machinery, motion, and fragile people lends itself to particularly awful accidents. Given this danger many people would assume that railroad workers are part of the workers' compensation systems...
Read MoreWhat Rights Do Contract Workers Involved in a Train Accident Have?
Texas train accident attorneys explain contract worker's rights. A contract employee of a rail company has a different set of circumstances in the case of an accident on the job. Because the worker is contracted out to the rail company they are subject to a different set of rules and procedures following an accident that...
Read MoreWhat Rights Do Injured Railroad Worker?
Have you been injured on the job working for a rail company in Texas? What are the legal rights of an injured railroad worker? Let's look at a hypothetical: A railroad worker is working on the train tracks and notices a train rapidly approaching. He is forced to dive out of the way into a...
Read MoreHow Does the Law Work When a Railroad Employee Is Injured on the Job?
What Injured Railroad Workers Need to Know It goes without saying that railroad workers have exceptionally dangerous jobs. It may help explain why during the Progressive Era, railroad workers were among the first workers for whom a system of injury compensation was authorized. While most workers around the country are covered through various states' workers'...
Read MoreWhen Are Railroads Liable for Children Injured on Railroad Property?
Liability for Children Who Were Injured By Trains It is a common phenomena among children to be attracted to trains, and many times their curiosity can lead them to playing around trains and railroad tracks. Obviously, this curiosity could lead to train accident that injures or kills a child who may cross the path of...
Read MoreWho Is Liable for Accidents Caused by Texting Train Engineers?
Accidents Caused by Distracted Train Engineers Distractions, like texting, while driving on a road has proven dangerous for motorists because they greatly limit the driver's ability to observe and react to hazards on the road and increases the chances the driver will get into an accident. The same is true for someone who is operating...
Read MoreCan Steep Railroad Crossings Cause Wrecks?
Steep-Grade and Unlevel Railroad Crossings Can Cause Train Accidents There's a variety of reasons why passenger cars occasionally collide with trains. One of those reasons could be caused by unlevel or steep roads at railroad crossings. If you've lost a loved one or suffered injuries from a train accident, you may be able to pursue...
Read MoreCan Line-of-Sight Issues Cause a Train Accident?
Liability Caused By Line of Sight and Visibility Issues When two cars approach an intersection there are a number of determinations as to who has the right of way. Stop signs, lights, who got to the intersection first, and sometimes other factors, all play a role. When a car and a train approach an intersection,...
Read MoreWho Is Liable for Train Accidents at Railroad Crossings
Liability for Train Accidents at Railroad Crossings Every year many people are injured or killed in accidents involving trains or railroad cars. While, derailments, track switching issues, and brake failures can be the cause of some train accidents, many accidents occur at railroad crossings with every day motorists and pedestrians. When there is an accident...
Read MoreWhen Are Railroads Responsible for Train Accidents at Private Rail Crossings?
Liability for train accidents on private rail crossings: When we think of railroad crossings, we usually think of intersections between a road or a highway (maintained by the city, state or federal government) and the train tracks. These crossings are usually marked with signs, lights, bells and many times employ crossing arms to block traffic....
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