In the quiet towns and rural crossings of East Texas, life can change in an instant. A devastating train accident doesn’t just cause physical injuries — it shatters families, burdens futures, and leaves communities grieving.
Train accidents are more than a few moments of chaos. They involve complex investigations, powerful corporations, and legal systems that can be intimidating to navigate. If you or someone you love has been hurt or killed in a train-related incident, speaking with an East Texas train accident attorney is a crucial first step toward rebuilding what was lost.
For over 135 years, East Texas trial lawyers at Winocour Law have put justice in reach of extraordinary Texans. When tragedy strikes, we stand ready to guide families through the legal process with care, clarity, and respect.
When Trains and East Texas Roads Collide: Common Accident Scenarios
According to Operation Lifesaver’s state-by-state data, Texas had 283 highway-rail grade-crossing collisions (the most in the U.S.) in 2024.
In East Texas, where rail lines intersect with highways, farmland, and small towns, the most frequent scenarios include:
- Collisions at railroad crossings, often due to poor signals or blocked sightlines
- Derailments, caused by track defects or mechanical failure
- Pedestrian incidents, where proper safety measures were not followed
- Hazardous material spills, which can threaten entire neighborhoods
Many of these accidents stem from systemic negligence, from overworked crews and outdated equipment to poor maintenance and unsafe crossings.
Why Train Accidents Happen on East Texas Rails
Every accident has a story. Some begin with a single moment of human error; others with years of deferred maintenance or ignored safety warnings.
Common causes of East TX railway incidents include:
- Human error or negligence by operators or crew
- Mechanical failures or faulty equipment
- Inadequate track inspection or maintenance
- Signal malfunctions or poor crossing design
- Weather and environmental hazards that went unmanaged
Understanding these factors is essential for identifying liability and ensuring every responsible party is held accountable.
Meet Our Attorneys
In truck accident cases, victims must contend with some of the most powerful insurance companies. Such adversaries require lawyers who can go head-to-head against them. Attorneys Jonathan Winocour and Mike C. Miller are eager to lead the charge.
Jonathan Winocour, Founder and Principal Attorney
Jonathan Winocour brings decades of experience in civil litigation, representing clients against corporations and insurers in high-stakes personal injury cases. He has secured multi-million-dollar settlements and jury verdicts in complex matters, including cases involving catastrophic injuries. Jonathan is an active member of the Texas Trial Lawyers Association, American Bar Association, and American Association for Justice, and has been recognized in the Top 100 of the National Trial Lawyers Association.
Mike C. Miller, Of Counsel
Board-certified in Personal Injury Trial Law, Mike C. Miller focuses on personal injury matters, with commercial truck accidents among his primary practice areas. He handles cases arising from collisions, negligent operation, and violations of trucking regulations. Mike is a member of the Texas Trial Lawyers Association, State Bar of Texas, and American Board of Trial Advocates.
Liability Issues: Who Bears Responsibility After an East Texas Train Crash
After a train accident, one of the first questions clients ask is: “Who is at fault?”
It’s important to note that under TX state law, railroads that transport passengers are considered common carriers. As common carriers, they owe their passengers the highest degree of care practicable under the circumstances — a standard recognized by the Texas Supreme Court in Speed Boat Leasing, Inc. v. Elmer, 124 S.W.3d 210 (Tex. 2003). When a railroad fails to meet that heightened duty, it can be held responsible for resulting harm.
Other potentially liable parties include:
- Third-party contractors who perform inspections or maintenance
- Equipment manufacturers whose parts fail or malfunction
- Signal maintenance companies responsible for warning systems
Texas follows a modified comparative fault rule under Texas Civil Practice & Remedies Code §33.001. This means that even if an injured person is found partially responsible, they may still recover damages, provided their share of fault is not greater than 50%.
A consultation with an experienced train accident lawyer in East Texas will begin to reveal all parties responsible for your losses.
Steps to Take After a Train Accident
The aftermath of a train accident can be chaotic. Taking the right steps early can make all the difference later.
- Seek medical attention immediately, even if injuries seem minor. Internal trauma may not appear right away.
- Document what you can — take photos, videos, collect witness names, and preserve medical records.
- Avoid speaking with railroad or insurance representatives before consulting an attorney.
- Reach out to an East Texas train accident attorney to begin protecting your rights and securing key evidence.
The sooner a legal team can start conducting an independent investigation, the stronger your case will be.
From Wreckage to Recovery: Building a Strong Legal Case
Every case begins with an investigation. Attorneys and investigators review black box data, maintenance and inspection logs, crew training records, and safety reports to identify where negligence occurred.
Other evidence may include:
- Accident scene photos and video footage
- Eyewitness statements
- Medical documentation
- Expert evaluations of mechanical or operational failures
In Texas, most personal injury and wrongful death claims must be filed within two years of the incident, as specified in Texas Civil Practice & Remedies Code § 16.003. Early legal guidance helps ensure that critical evidence is preserved and deadlines are met.
Recovering Compensation: What Victims of East Texas Train Accidents and Families Can Expect
Injuries sustained in a train accident run the full spectrum from soft-tissue harm to catastrophic trauma. Victims may face extensive medical treatment, rehabilitation, and permanent physical or emotional challenges that affect every part of life. Texas law allows victims and families to seek both economic and non-economic damages.
Economic damages may include:
- Hospital and rehabilitation costs
- Lost income and reduced earning capacity
- Funeral and burial expenses in wrongful death cases
Non-economic damages address emotional suffering, pain, and loss of companionship. In rare instances of gross negligence or reckless disregard for safety, punitive damages may be awarded under Texas Civil Practice & Remedies Code §41.003.
Some cases are resolved through settlement, while others proceed to trial. At Winocour Law, we prepare every case as if it will go before a jury because we believe that readiness leads to better results.
Why Choose Winocour Law?
For four generations, Winocour Law has helped East Texas families hold powerful corporations accountable after catastrophic loss.
Our serious injury and wrongful death practice is led by Mike C. Miller, a Board-Certified Personal Injury Trial Lawyer by the Texas Board of Legal Specialization, and Jonathan Winocour, a Diplomate of the National Institute of Trial Advocacy and National Trial Lawyers Top 100 member. Together, they bring decades of courtroom experience and a deep understanding of complex railroad and transportation litigation.
Clients who come to us after a train accident find steady support, clear communication, and compassion. Our team also connects families with community resources, including grief counseling and local support networks, to help with the emotional side of recovery.
Frequently Asked Questions after Train Accidents
1. What should I do immediately after a train accident in East Texas?
Seek medical attention, document what you can, and contact an attorney experienced in East Texas train cases.
2. How long do I have to file a claim?
Most claims must be filed within two years, though some exceptions may apply. Contact Winocour Law to confirm your specific timeline.
3. Can I sue the railroad if I was a passenger?
Yes. Rail operators owe passengers a high duty of care under Texas law.
4. What if my loved one passed away due to the accident?
Texas wrongful death statutes allow certain family members to seek compensation for both financial and emotional loss.
5. How much does it cost to hire a train accident attorney?
You owe no fees unless we recover compensation for you. We work on a contingency fee basis, so financial barriers never stand in the way of you and justice.
Speak With an East Texas Train Accident Lawyer Today
If you or someone you love has been affected by a train accident, the path forward can feel overwhelming — but you don’t have to face it alone. An experienced East Texas train accident lawyer from Winocour Law is ready to listen, guide, and advocate for your family.
Contact us today at (214) 740-4848 or reach out online for a free, confidential consultation. Your story matters — and we’re here to help you tell it.