When railroad crossing accidents in South Texas occur, the case involves one or more of the Class I railroads in the area: Union Pacific, BNSF, and CPKC. Not only can the liability fall on the railroad, but other parties might also hold liability, including TxDOT, local governments, or even signal contractors.
Here in South Texas, there is an above-average risk because these crossing accidents often involve heavy freight and border congestion. It can be complicated to prove who is liable in a train-car collision, which is why it’s critical that you hire an experienced accident lawyer for assistance.
Why Railroad Crossings Are Dangerous in South Texas
The railroad crossings in South Texas are often passive, which means that they have crossbuck signs to warn drivers, but there are no gates, lights, or bells to stop traffic. Recent railroad crossing accident cases are setting the precedent that railway companies can be held liable for these accidents because of the deficiencies of warnings at the crossings.
The risk of accidents is even higher in the Rio Grande Valley because of the heavy freight traffic moving through the area. The accident numbers show that the risk of railway accidents is higher at these border gateways.
The Three Class I Railroads Operating in South Texas
In South Texas, there are three Class I railroads operating. It’s important for accident victims to know which railroad they were injured by when determining liability for the collision:
- Union Pacific: Operates in Brownsville, Corpus Christi, and Laredo.
- BNSF Railway: Operates heavy freight lines that connect to Fort Worth and run along the edge of the Valley.
- CPKC: Operates at the Laredo and Eagle Pass border gateways, as well as CPKCM in Mexico for freight moving across the border.
Additionally, there are short lines (BRG and Rio Valley Switching) that run local segments, and they might share liability depending on the circumstances of the accident.
Who Is Liable in a Train-Car Collision?
Determining liability can be complicated when multiple parties are involved, which is why it’s critical that you find a railroad crossing accident lawyer in South Texas for assistance with your case. Most of these accidents have multiple defendants, and all of the responsible parties need to be identified as soon as possible so that you can maximize potential compensation. Our team at Green Law Firm is always a phone call away and ready to assist with your claim.
- The Railroad: The first defendant to look at is the railroad since they are responsible for crossing maintenance, signal equipment, vegetation clearing, and warning devices. Any issues with these things could prove accident liability.
- TxDOT and Local Governments: If public funding was involved and there were federal safety standards that were not in place, then these government organizations might be found liable in the accident.
- Signal Maintenance Contractors: Where there is an issue with the signal installation, maintenance, or inspection, then it’s possible that the signal contractors might be independently liable. If a malfunction with the signals resulted in the accident, then these contractors will be named in the case.
- Commercial Truck Drivers: When an 18-wheeler is stopped on the tracks and the position of the truck contributed to the collision, then the truck driver might be found liable for the accident.
How to Sue a Railroad Company in Texas: Gathering Evidence and Meeting Deadlines
The statute of limitations for railroad crossing accidents in South Texas is two years. But even though you have 2 years to file, it doesn’t mean that you should wait to pursue the claim. The sooner you hire an experienced railroad crossing accident lawyer, the better chance you have of building a solid case so that you can access available compensation.
A few things need to happen as soon as possible to preserve the data, which is why you should contact our law firm without delay. For example, within seven days of the accident, we need to send a spoliation letter to preserve the event recorder data from the train. Other documentation can also be preserved at this point, such as the dispatcher logs and signal maintenance records.
Too often, railroads will move quickly to control evidence that might be used in the claim, such as recorder downloads and internal safety studies for the railroad crossings.
The best thing that you should do is hire an attorney who has experience with railroad cases, because we can offer personalized advice and help you move forward in the right way.
Various Types of Damages in a South Texas Crossing Case
Our legal team is here to help you maximize the available compensation that you might receive. These damages are calculated based on several categories, including:
- Economic Damages: Any financial losses that occurred because of the accident can be included in this category, such as medical expenses, lost earnings, expenses for rehabilitation, and property damage. If a wrongful death occurred, then the victim’s funeral costs can also be included in the economic damages category.
- Non-Economic Damages: This category of damages is intangible and can be harder to prove, which is why you need a skilled legal team to help with evidence. Non-economic damages might include pain and suffering, mental anguish, disfigurement, and loss of companionship.
- Punitive Damages: When the accident occurred due to gross negligence, then it’s possible that punitive damages might be added to the settlement as a way to punish the liable parties.
It’s difficult to put a number on the average settlement for a railroad crossing accident because each case is so unique. If you are wondering how much your case is worth, then reach out to our team at the Green Law Firm to discuss your situation.
FAQ
Who is at fault at a passive crossing in Texas?
Fault and liability depend on many factors, such as sight conditions, crossing history, and whether the railroad is current with maintenance and warning requirements.
What evidence disappears fastest after a crossing accident?
The most common types of evidence that disappear after an accident include event recorder data, dispatcher logs, and internal crossing safety studies.
Hit by a Train in Brownsville, McAllen, Harlingen, or Laredo?
If you’ve been hit by a train, then it’s time to contact a legal team you can trust. The Green Law Firm is here to help. Contact us to schedule your free consultation and learn more about your legal rights: (956) 542-7000.
