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Houston Railroad And Train Accident Lawyer

How Can A Houston RailRoad Accident Lawyer Help?

Lawyers at Molina Law Firm are intimately aware on the dangers of Railroad and train accidents because Rick Molina was raised in a RailRoad household In Pasadena, Texas. Rick Molina's father and uncles worked at the Strang Yard in La Porte, Texas. Molina Law Firm is all too familiar with the many daily risks involved in the dangers of working around heavy equipment. Molina Law Firm has handled serious Railroad and Train accidents involving back injuries, amputations, and other serious injuries. Hopefully, you will not ever need a Houston Railroad Accident Lawyer, but call today if you do need an experienced lawyer on your side.

According to Statista, in 2020 there were over 8,500 accidents involving rail transport, which resulted in 5,400 injuries and 783 fatalities.  That is a decent drop from 2019 when there were over 11,700 accidents, nearly 8,000 injuries, and 878 deaths.  Call Molina Law Firm when you need a Houston Railroad Accident Lawyer. Railroad crossings are dangerous because oftentimes the train is too heavy and it needs a lot of distance to safely stop. Railroad companies are often too busy and have poor communication in the management of their trains. Railroad accidents can be caused by improper communication, excessive speed, worker fatigue, or improper equipment operation. Also, train accidents consist of commuter trains that get into accidents as a result of derailments or hitting another object, or cargo trains that derail and spread hazardous chemicals.  

Houston Railroad Accident Lawyer

Either way, these injuries can be catastrophic.  That is why it is always a good idea to retain a competent personal injury lawyer to represent you to get maximum compensation for your pain and suffering.

What Are the Common Causes of RailRoad and Train Accidents?

Railroad yards are dangerous places to work.  Molina Law Firm has great respect for the workers that are in these jobs.  These workers face great daily risks while they are outside in the elements for sometimes twelve hours a day.  Here are some common causes of railroad accidents: 

What Are Common Injuries In RailRoad and Train Accidents?

RailRoad accidents usually lead to severe injuries with long-lasting effects.   Medical bills can easily be in the thousands of dollars.  Some of these injuries have sizeable non-economic consequences.  For example, a burn injury can result in the permanent loss of a limb and have permanent disfigurement.   The slow-moving heavy equipment in railroad yards is very dangerous and usually leads to severe injuries.  Some of the more common injuries include:

 

What Are The Damages in a Houston Railroad or Train Accident?

Railroad worker claims are governed by the Federal Employers Liability Act (FELA).  Pursuant to this law, employees can pursue negligence claims to recover available damages.   These damages can include: 

 

Railroad and Train Accident damages generally fall under two categories:  economic and noneconomic.  

Economic damages are generally out-of-pocket damages such as medical expenses and lost earnings or loss of earning capacity.  In wrongful death cases, these damages can also include funeral expenses.  

Non-economic damages are intangible damages such as pain, suffering, disfigurement, and physical impairment.  In wrongful death cases, these damages can also include loss of companionship.  

 

How Do I Prove Negligence In A Railroad or Train Accident?

Negligence is a ground of recovery that allows an injured person to recover from the person responsible for causing the accident.  In its basic sense, negligence means that the other person acted unreasonably, which caused the accident and resulting damages.  There are generally four elements to prove negligence: 

  1. Duty.  Did the other person owe you a duty?  Every railroad company has a duty to obey the laws and to not injure other people.
  2. Breach. Did the other person violate the duty?  This is usually shown by showing that the other person acted unreasonably.  For example, did the railroad company allow for two trains to be on the same track? 
  3. Causation.  The breach must cause your injuries.  What are the injuries that are caused by the breach of duty?  
  4. Damages. The injuries in turn resulted in damages.  The damages are discussed above.

How Does A Houston Railroad Accident Lawyer Prove Fault?

The railroad company will inevitably blame the injured worker for the accident.  They will immediately begin their own investigation to find fault in something that you did or did not do.  You need a Houston Railroad Accident Lawyer at Molina Law Firm to begin your own investigation as soon as possible. 

The fault for an accident can get legally complicated.  Rick Molina is a Houston Railroad Accident Lawyer with experience in navigating the complexities of railroad and train accidents to maximize compensation for injured victims.  In Texas, fault is determined on percentage basis.    For example, if a jury determines the other side is 70% responsible for an accident, but you are determined 30% at fault, then your award may get reduced by the percentage of your responsibility.  More importantly, if you are found to be more than 50% responsible for an accident, then you may get zero (0) compensation.  This video will help you understand how fault is determined in a Houston Railroad or Train Accident. 

 

What makes us different?

The Molina Law Firm has been representing RailRoad and Train accident victims for over 20 years, helping them navigate the sometimes complex legal fight against insurance carriers.  Remember that when you retain Attorney Rick Molina, you pay nothing upfront and we only collect a percentage of the compensation you receive when we have won your case.  Don’t go against the insurance carriers alone.  Attorney Rick Molina will aggressively represent you and fight on your behalf.  We have the knowledge, resources, and experience to get you all the compensation you deserve for your loss, pain, and suffering.

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Railroad And Train Accident Statistics

Railroad and train statistics are compiled by a variety of governmental entities.  The industry is highly regulated and monitored mostly due to the importance of railway travel.  It moves millions of people and tons of products across the United States.  Although it remains one of the safest modes of travel, accidents can and do happen. When accidents do happen, it usually results in serious injuries and fatalities.

  • A person or vehicle is hit by a train every two hours in the United States
  • On average, every hour in the U.S., there is a train or commuter rail accident
  • It takes the average train over one mile to come to a complete stop
  • The red line serviced by Houston Metro is one of the busiest light rails in America

What To Do After A Train Or Railroad Accident?

Some type of train accident happens about every hour in the United States. This includes commuter and cargo trains. If you have been injured as a result of a railroad or train accident, there are some clear first steps that should be taken to protect you and start building your case.

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Report your injury immediately

Do not downplay how injured you may be. If you have been hurt or got sick due to a work-related incident, report it immediately. The responsibility then shifts on your employer to get the workers' compensation ball rolling.

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Get medical attention

Go see a doctor. Workers' compensation laws pays your medical care resulting form the accident. See the workers' compensation doctor who will document the extent of your injuries. You may be hurt worse than you think.

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Gather information

Don't just depend on your employer to get everything right. Get a copy of your accident report. Write down everything you remember about the accident as well as a list of witnesses. If you are able, take some photos with your phone.

If you have been seriously injured at work, it is important that you get an experienced Houston Railroad Accident Lawyer to help you. Time is important. Contact us.

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