Plaintiff-focused railroad accident lawyers preparing every case with experience and dedication.
If you have been injured in a railroad accident in Houston, an attorney experienced in rail injury claims can help you pursue compensation from the railroad company or other responsible parties. Railroad cases operate under a distinct body of federal law, and the claims process differs from standard personal injury cases in significant ways.
Greenberg Streich Injury Lawyers represents railroad accident victims on the plaintiff side across Texas. Our attorneys have more than two decades of combined trial experience handling catastrophic injury and wrongful death cases, and we work on a contingency fee basis with no upfront costs. If you need a Houston, TX railroad accident lawyer, contact our firm for a free consultation.
Railroad Accident Lawyer Houston, TX
A railroad accident lawyer handles cases involving injuries caused by train operations, railroad crossing incidents, rail yard accidents, and on-the-job injuries sustained by railroad employees. These claims frequently involve federal statutes, including the Federal Employers’ Liability Act, which governs injury claims filed by railroad workers against their employers.
Houston is a major rail hub. Union Pacific and BNSF Railway operate extensive freight networks through the city, and the region’s petrochemical industry relies heavily on rail transport. That volume of rail traffic creates risk for both workers and the general public at grade crossings, rail yards, and along active rail corridors throughout Harris County.
Types of Railroad Accident Cases We Handle in Houston
Railroad accidents involve a wide range of scenarios, from collisions at grade crossings to on-the-job injuries sustained by railroad employees. The legal framework depends on the circumstances of the incident and the status of the injured person.
At Greenberg Streich Injury Lawyers, we handle railroad accident cases including the following:
- Railroad crossing collisions. Vehicles struck by trains at grade crossings account for a large share of railroad accident fatalities and injuries. Motorists face injuries similar to those in high-speed car accidents, compounded by the extreme weight differential between a train and a passenger vehicle. Liability may rest with the railroad, the entity responsible for crossing maintenance, or both.
- FELA workplace injury claims. Railroad employees injured on the job do not file workers’ compensation claims. Instead, they pursue claims under the Federal Employers’ Liability Act, which requires proof that the railroad’s negligence contributed to the injury. Even a minor degree of employer fault can establish liability under FELA.
- Train derailments. Derailments caused by track defects, excessive speed, improper cargo loading, or equipment failures can injure crew members and bystanders. Workers at adjacent industrial sites face particular risk when derailments release hazardous materials.
- Pedestrian railroad incidents. Pedestrians struck by trains along active rail corridors sustain catastrophic or fatal injuries. Liability analysis in these cases examines whether the railroad maintained adequate fencing, signage, and horn protocols.
- Rail yard injuries. Workers in classification yards and intermodal terminals face hazards from coupling and uncoupling operations, moving equipment, and falls from rail cars. These injuries often qualify for FELA claims.
- Hazardous material releases. Trains transport large volumes of chemicals, petroleum products, and industrial materials through Houston, much of it originating from the region’s oilfield operations and petrochemical corridor. Spills, leaks, and fires involving rail cars cause burn injuries and toxic exposure to workers and nearby residents.
- Signal and gate malfunctions. Defective or poorly maintained crossing signals and gates create dangerous conditions for motorists and pedestrians. These cases may involve claims against the railroad, the signal manufacturer, or the government entity responsible for crossing improvements.
- Wrongful death. When a railroad accident kills a worker, passenger, or bystander, surviving family members may pursue wrongful death claims. FELA provides a separate wrongful death cause of action for the families of deceased railroad employees.
Why Choose Greenberg Streich Injury Lawyers as My Railroad Accident Lawyer in Houston, TX?
A Record of Results in Catastrophic and Industrial Cases
Matt Greenberg is a Texas trial lawyer who has been lead trial counsel in cases producing record-setting verdicts and settlements across the state. He holds a J.D. from Baylor Law School and is licensed in Texas, Louisiana, and Arizona. Matt has been recognized by Lawdragon and the National Trial Lawyers, and his trial work has been covered by media outlets including ABC, FOX, CBS, and the Texas Lawbook.
Mike Streich graduated cum laude from the UH Law Center and spent nearly a decade on the defense side representing corporations and major insurers, including Lloyd’s of London syndicate members, in catastrophic injury and death cases involving commercial motor vehicles and industrial incidents. That background gives him direct insight into how railroads and their insurers evaluate and defend injury claims. He has been named a Texas Rising Star by Super Lawyers multiple years.
Together, our attorneys have helped clients recover over $400 million in verdicts and settlements. Relevant results include an $11 million workplace injury recovery, a $37.5 million wrongful death verdict, and a $6 million commercial motor vehicle wrongful death settlement. As your personal injury lawyer in Houston, our firm handles every railroad case on a contingency fee basis. You pay nothing unless we obtain a recovery.
What Is Important to Understand About a Railroad Accident Case?
Damages, Liability, and Compensation for Railroad Accident Cases
The damages available in a railroad accident case depend on who was injured and how the accident occurred. The legal framework varies depending on whether the claim is brought under state tort law or under a federal statute such as FELA.
For members of the public injured at crossings or by derailments, Texas negligence law applies. The injured person may recover:
- Medical expenses, both past and projected future costs
- Lost income and diminished earning capacity
- Physical pain and mental anguish
- Disfigurement and physical impairment
- Loss of enjoyment of life
For railroad employees, FELA governs the claim. FELA does not use the Texas comparative negligence framework. Instead, it applies a more favorable standard for plaintiffs: the railroad is liable if its negligence played any part, however small, in causing the injury. Contributory negligence reduces the recovery but does not bar it entirely.
In wrongful death cases brought under either framework, surviving family members may recover funeral expenses, loss of financial support, and loss of companionship.
What Are Important Aspects of a Railroad Accident Case?
Railroad cases present unique legal and evidentiary challenges that distinguish them from standard personal injury claims. Several factors shape how these matters proceed.
- Federal preemption issues arise frequently. Railroad operations are regulated primarily by federal law, and railroads often argue that federal standards preempt state tort claims. Your attorney must understand how to navigate these arguments.
- Event recorder data from the locomotive, sometimes called the train’s “black box,” captures speed, braking, and horn activation data. This evidence is critical and must be preserved immediately.
- Railroad companies conduct their own internal investigations through claim agents who contact injured parties shortly after an incident. Statements made to these agents can be used to reduce or deny claims.
- FELA claims involve a lower burden of proof than standard Texas negligence cases, but the procedural requirements and legal standards differ in ways that affect case strategy.
What Is the Railroad Accident Case Timeline?
The timeline for a railroad accident case depends on the severity of the injuries, whether the claim is brought under state law or FELA, and the railroad’s litigation posture. These cases tend to follow this general progression.
- The attorney begins an independent investigation immediately, including preservation demands for event recorder data, signal maintenance logs, and track inspection records.
- Medical treatment continues until the injured person reaches maximum medical improvement or the long-term prognosis becomes clear. For serious injuries such as amputations or traumatic brain injuries, this phase can last a year or longer.
- The firm prepares and submits a demand to the railroad or files suit if early resolution is not possible.
- Discovery, depositions, and motion practice follow in litigated cases. Railroads and their insurers often retain experienced defense firms and contest liability aggressively.
- Trial preparation and trial occur if a fair settlement is not reached. Railroad accident cases in Harris County typically take two to four years from incident to resolution, depending on complexity and whether federal or state court is involved.
What Should You Bring to Your Railroad Accident Consultation?
Gathering your available documentation before the initial consultation helps your attorneys evaluate the claim efficiently. Bring whatever you have:
- Accident or incident reports filed with your employer, the railroad, or law enforcement
- Medical records and bills from emergency treatment and follow-up care
- Photographs of the accident scene, crossing conditions, injuries, or damaged vehicles
- Employment records, including your job title, pay rate, and railroad employer information
- Names and contact information for co-workers or witnesses who saw the incident
During the consultation, we review the facts, explain whether your claim falls under FELA or Texas state law, and provide a candid assessment. There is no charge for this meeting.
What Are Important Texas Legal Resources for Railroad Accident Cases?
Texas and federal law both apply to railroad accident claims, depending on the type of case. The following resources help injured individuals and families locate applicable statutes and regulations.
- The statute of limitations for personal injury claims under Texas state law is two years from the date of injury, as set forth in Chapter 16 of the Civil Practice and Remedies Code. FELA claims are governed by a separate three-year statute of limitations under federal law.
- Texas negligence law applies a proportionate responsibility framework to claims brought by members of the public. FELA applies a different and more favorable negligence standard for railroad employees.
- Texas does not cap economic damages in most personal injury cases. Damage caps may apply in limited categories of claims.
- The Federal Railroad Administration maintains safety data, crossing inventory information, and accident investigation resources.
- The Texas Legislature website provides the full text of the Civil Practice and Remedies Code and other current Texas statutes.
- Our firm monitors recent legal changes in both Texas and federal law that may affect pending and future railroad injury claims.
Reach Out to Greenberg Streich Injury Lawyers to Schedule a Consultation
If you or a family member has been injured in a railroad accident in Houston, TX, our attorneys are available for a free and confidential case review. We handle railroad injury cases on a contingency fee basis, meaning there are no upfront costs and no attorney fees unless we recover compensation. Contact us to schedule a consultation at a time that works for you.
Railroad Accident Statistics in Houston
Texas leads the nation in highway-rail grade crossing collisions. According to FRA safety data, Texas recorded 246 crashes at grade crossings in a recent reporting year, more than any other state. Those crashes resulted in 16 deaths and 75 injuries, with over $11 million in reportable property damage. Texas has more miles of railroad track than any other state, and that infrastructure concentrates risk in areas with high population density and heavy freight traffic.
Harris County recorded the highest number of highway-rail incidents in Texas between 2019 and 2021, with 81 reported incidents during that period. According to BTS rail accident data, the United States averages more than 30 rail-related incidents per day. Houston’s position as a freight rail hub for the petrochemical, agricultural, and refinery sectors means that rail traffic through the city remains heavy, and the risks for workers and motorists persist.
Types of Evidence Used in Railroad Accident Cases
Building a railroad accident case requires specific categories of evidence that may not exist in other types of injury litigation. The following evidence types are central to establishing liability and damages in these claims.
1. Locomotive event recorder data. Trains carry onboard recorders that capture speed, throttle position, braking commands, and horn activation. This data establishes what the engineer did in the moments before a collision. It must be preserved through a formal demand because railroads may overwrite or destroy it during routine operations.
2. Crossing signal maintenance records. For grade crossing accidents, the maintenance history of warning signals, gates, and lights is critical. Gaps in inspections or documented malfunctions establish that the crossing was not reasonably safe.
3. Track inspection and maintenance logs. Railroads are required to conduct regular inspections of track, switches, and roadbed. The FRA sets minimum standards for these inspections. Failures to meet those standards can establish negligence in derailment cases.
4. Crew work and rest schedules. Fatigue is a documented factor in railroad incidents. Federal hours-of-service rules limit how long railroad employees can work before rest periods. Records showing that a crew member was nearing or exceeding those limits support a negligence claim. Similar fatigue-related issues arise in commercial vehicle cases involving long-haul truck and bus drivers.
5. Photographs and video from the scene. Dashcam footage, surveillance video from nearby businesses, and photographs taken by witnesses provide evidence of crossing conditions, train speed, and warning device operation at the time of the incident.
6. Railroad internal investigation files. Railroads conduct their own investigations after incidents. These files may contain witness statements, diagrams, and preliminary findings that are relevant to the civil case. Your attorney can pursue access to these documents through formal discovery. Knowing the steps to protect evidence early in the process strengthens this effort.
7. Medical records and life care plans. In cases involving permanent disability, medical records documenting the full scope of treatment and a life care plan projecting future needs are essential to establishing the value of the claim.
8. Federal investigation reports. The National Transportation Safety Board and the FRA investigate certain railroad incidents. Their published findings, while not admissible in all circumstances, provide factual information that supports civil claims.
9. Witness statements. Accounts from motorists, pedestrians, co-workers, and railroad employees who witnessed the incident help reconstruct what happened and who was at fault.
10. Employment and earnings records. For lost wage and diminished earning capacity claims, pay stubs, tax returns, and employment records establish the injured person’s pre-accident earning history.
Houston Railroad Accident Lawyer FAQs
What is FELA and how does it apply to railroad workers?
The Federal Employers’ Liability Act is a federal statute that allows railroad employees to sue their employer for injuries caused by the railroad’s negligence. Unlike workers’ compensation, FELA requires proof of fault, but the standard is lower than in standard negligence cases. The railroad is liable if its negligence contributed to the injury in any degree.
How is a FELA claim different from a workers’ compensation claim?
Workers’ compensation is a no-fault system that provides fixed benefits. FELA is a fault-based system that allows injured railroad workers to pursue full damages, including pain and suffering, lost earning capacity, and future medical costs. FELA recoveries are generally larger than workers’ compensation benefits, but the claimant must prove that the railroad was at least partially negligent.
How long do I have to file a railroad accident claim in Texas?
The deadline depends on the type of claim. FELA claims have a three-year statute of limitations from the date of injury. Claims brought under Texas state law by members of the public injured in crossing accidents have a two-year statute of limitations. Missing either deadline can eliminate your right to pursue compensation.
Who can be held liable in a railroad crossing accident?
Potential defendants include the railroad company, the entity responsible for crossing signal maintenance, government agencies that failed to improve a known dangerous crossing, and in some cases the equipment manufacturer. Liability often involves multiple parties, and identifying all responsible entities is part of the attorney’s investigation.
Can I sue a railroad company if I was partially at fault?
Under FELA, yes. FELA does not bar recovery based on contributory negligence. Your damages are reduced in proportion to your share of fault, but you can still recover. Under Texas state law, you can recover if your fault does not exceed 50 percent.
What types of injuries are common in railroad accidents?
Railroad collisions involve massive forces. Common injuries include amputations, crush injuries, traumatic brain injuries, spinal cord damage, severe burns, and fractures. Many railroad injuries are permanent and require long-term or lifetime medical care.
Should I give a statement to the railroad’s claim agent?
No. Railroad companies send claim agents to contact injured workers and accident victims shortly after an incident. These agents work for the railroad, and their goal is to gather information that minimizes the company’s liability. Speak with your attorney before providing any statements.
How much is a railroad accident case worth?
The value depends on the severity of injuries, the strength of the negligence evidence, the applicable legal framework, and the available insurance or corporate assets. Cases involving permanent disability, amputations, or wrongful death carry higher value than those involving temporary injuries. Your attorney can provide a more specific assessment after reviewing the facts.
Do I need a lawyer for a railroad accident case?
Railroad companies have legal departments and retain defense firms that specialize in defending FELA and crossing accident claims. Handling a claim without experienced legal representation places you at a significant disadvantage, particularly in FELA cases where the legal standards differ from ordinary negligence law. Before hiring, prepare specific questions about the attorney’s experience with railroad and catastrophic injury litigation.
What should I do immediately after a railroad accident?
Seek medical attention as your first priority. Report the incident to the appropriate authorities, including law enforcement and your employer if you are a railroad employee. Document the scene with photographs if you are physically able. Do not sign any documents or give recorded statements to the railroad without consulting an attorney first.
Local Information for Houston Railroad Accident Cases
Most Dangerous Locations for Railroad Accidents in Houston
Houston’s rail network is extensive, and certain corridors see a disproportionate share of incidents.
- Harrisburg Boulevard and Navigation Boulevard corridors in the East End carry heavy freight traffic through residential and commercial areas with multiple at-grade crossings.
- The Houston Ship Channel rail corridor connects port terminals to classification yards, with rail lines crossing industrial roads used by commercial vehicles and commuters.
- Near Northside and Fifth Ward neighborhoods contain active rail lines that run through densely populated areas with pedestrian traffic near crossings.
- Hardy Toll Road and rail parallel corridors in north Houston see freight trains alongside highway traffic, increasing risk at crossings.
- The UP Englewood Yard and Settegast Yard are large classification yards in eastern Houston where rail yard worker injuries occur during coupling, switching, and loading operations.
What Are Important Local Resources for Houston Railroad Accident Cases?
Workers and individuals involved in railroad accidents in Houston may need to contact the following agencies and facilities. These organizations are listed for reference purposes only.
- Houston Police Department for accident reports and non-emergency inquiries: (713) 884-3131
- Memorial Hermann, a Level I trauma center for critical railroad injuries: (713) 704-4000
- Harris Health System (Ben Taub Hospital), a Level I trauma center serving Harris County: (713) 873-2000
- Operation Lifesaver Texas for railroad crossing safety education and awareness resources
Listing these resources does not constitute an endorsement or recommendation by Greenberg Streich Injury Lawyers.
About Greenberg Streich Injury Lawyers
Greenberg Streich Injury Lawyers is a Houston-based personal injury firm focused on catastrophic and fatal injury cases across Texas. Matt Greenberg holds the largest recorded personal injury settlement in Tarrant County and the largest recorded personal injury verdict in Montgomery County. Mike Streich is a member of the Houston Trial Lawyers Association and previously represented companies in catastrophic injury cases involving commercial motor vehicles, giving him perspective on the defense strategies commonly used by transportation companies.
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Contact Greenberg Streich Injury Lawyers
Railroad accident cases involve federal statutes, specialized evidence, and well-funded corporate defendants. At Greenberg Streich Injury Lawyers, we provide free initial consultations for Houston railroad accident cases. Our contingency fee structure means no upfront costs and no attorney fees unless we recover compensation on your behalf. Our attorneys are available to discuss your case and evaluate your legal options. Contact us to schedule your free case review with a Houston, TX railroad accident attorney.
Greenberg Streich Injury Lawyers – Houston Railroad Accident Lawyer
675 Bering Dr Ste 620, Houston, TX 77057
