In 2014, there were 882 accidents involving trains in Texas. Out of these, 63 ended in fatalities. It’s sometimes easy to forget how often dangerous factors present themselves on the road, but for larger vehicles like trains to become involved in wrecks, injuries and damages can prove to be far more severe. For one California man, a collision with a tractor-trailer while on the job in Texas became a situation needing legal attention.
If you’ve been in an accident due to a semi-truck driver’s carelessness, contact us so we can work on getting you the justice and financial compensation you deserve.
Lawsuit Filed
In early September, the man, who worked as a train conductor, filed a lawsuit with Harris County, Texas naming a trucking company and one of its drivers as responsible parties. The man claims to have suffered injuries in the accident, which happened in October of 2014. According to the suit, a tractor-trailer was blocking a set of railroad tracks, causing the collision.
The defendants in the case are being accused of gross negligence and violating state statutes regarding traffic, railroad crossings and tractor-trailers. The plaintiff also alleges that the defendants are responsible for causing physical impairment, disfigurement, mental anguish, lost earnings and benefits, and medical expenses.
For all expenses resulting from the injuries, the plaintiff is seeking up to $75,000 for pre-judgement and post-judgement interest, the cost of the lawsuit, exemplary damages from the defendants and all other relief the court deems proper.
Our own Bryan Hansen spoke about the types of damages typically seen in personal injury cases. “The two types of compensatory damages include general and actual damages. General damages include pain and suffering, mental anguish, future medical costs, etc. Actual damages are damages that relate to actual out-of-pocket medical expenses, lost wages, property loss, etc.”
Crossing Safely
According to the Texas Department of Transportation, one is 40 times more likely to be killed if involved in a collision with a rail car. Due to high levels of danger, here are some tips to remember when driving near railroad crossings:
- Reduce your speed when approaching railroad tracks and look both ways.
- When approaching tracks, listen for the sound of an approaching train, especially if the crossing lacks signals warning motorists.
- If you see red lights flashing at a rail crossing, or if the crossing’s arms are lowered, stop immediately and make no attempt to continue driving unless the lights stop flashing or there is absolutely no danger present.
- Never stop on railroad tracks, no matter how far away a train is. To give you an idea of how long it can take for a train to come to a complete stop, one traveling 50 MPH needs a mile and a half of track to fully brake.
Call Today
At Fryer and Hansen, we know that when an accident occurs, your life can change in an instant. Medical bills can pile up while rehabilitation can keep you away from work and family. Don’t neglect getting proper representation if your injury was the result of a negligent party. Contact our McAllen lawyers today to get the process started.