Train accidents are among the most dangerous transportation events, often resulting in catastrophic injuries and even death. Derailments and crossing collisions are shocking, leaving injured victims and their families reeling in the aftermath.
At Winocour Law, we represent Texans who have been harmed by negligence on our railways. If you or someone you love has been injured in a train accident in Nacogdoches or the surrounding area, our attorneys can help you pursue justice and fair compensation.
Why Choose Winocour Law?
Train-accident cases are complex and often involve both Texas negligence law and federal railroad safety regulations. These claims require experienced trial lawyers who know how to preserve evidence, engage experts, and take on well-funded defendants.
A Texas Legal Legacy
Mike C. Miller is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a distinction held by only a small fraction of attorneys statewide. With decades of experience litigating catastrophic injury and transportation cases, he brings unmatched insight into how rail companies defend these claims.
Jonathan Winocour, the firm’s founder, is a Diplomate of the National Institute for Trial Advocacy and a longtime member of the Texas Trial Lawyers Association. His federal and state trial experience, along with recognition by Texas Lawyer magazine, reflects the firm’s long-standing record of skilled and principled advocacy.
For more than 135 years, our Texas trial lawyers have zealously advocated for people injured in Nacogdoches.
Common Types of Train Accidents in Nacogdoches
According to the Federal Railroad Administration (FRA), there were 2,261 highway-rail grade crossing collisions across the United States in 2024, resulting in 262 fatalities and 763 injuries. Texas led the nation with 283 of those collisions, including 20 deaths and 81 injuries, underscoring the risks that persist across our state’s freight corridors.
These accidents frequently occur along regional lines connecting Nacogdoches with Lufkin, Marshall, and Longview, where freight and passenger trains intersect local highways and rural crossings.
Train accidents can occur in several ways. The most frequent scenarios include:
- Collisions with vehicles at crossings
- Derailments
- Pedestrian and worker incidents
- Hazardous material spills
Why Do Train Accidents Occur in Nacogdoches?
Railroads, engineers, and maintenance crews have a legal duty to operate safely and prevent foreseeable harm to others. When they breach that duty, tragedy can result.
Common causes include:
- Human error or negligence by train crew or operators
- Mechanical defects or brake failures
- Inadequate track inspection or maintenance
- Signal malfunctions or poorly designed crossings
- Environmental hazards that were not properly managed
Our attorneys collaborate with investigators, engineers, and safety specialists to determine precisely what went wrong and hold every responsible party accountable.
Liability in Train Accidents
Railroads that carry passengers are considered common carriers under Texas law and therefore owe passengers the highest degree of care practicable under the circumstances, a duty confirmed by the Texas Supreme Court in Speed Boat Leasing, Inc. v. Elmer, 124 S.W.3d 210 (Tex. 2003).
Train accidents are often due to the negligence of multiple parties. Depending on the facts, liability may extend to:
- Railroad Companies: such as Union Pacific or BNSF, which operate freight lines through Nacogdoches.
- Train Operators and Crew: when violations of safety rules or operating procedures contribute to an accident.
- Manufacturers or Contractors: for defective components, faulty signals, or negligent maintenance.
- Government Entities: responsible for unsafe or poorly maintained crossings.
Texas follows a modified comparative fault rule, allowing injured individuals to recover compensation even if partially at fault, provided they are not more than 50% responsible. This rule is codified under Texas Civil Practice & Remedies Code §33.001.
Filing a Train Accident Lawsuit in Nacogdoches, TX
Train accidents are often investigated by both federal and local authorities, meaning key evidence such as black box data, inspection logs, and signal reports is collected early. Our team ensures this information is preserved, analyzed, and used effectively to support your claim.
The Texas statute of limitations in most personal injury and wrongful death lawsuits calls for legal filing within two years of the accident or death. Taking prompt action allows us to meet all deadlines and initiate a thorough investigation while evidence is still fresh in minds and under broader investigation.
Compensation and Settlements for Train Accident Injuries
Train accident victims may pursue compensation for both economic and non-economic damages.
Economic Damages
- Medical treatment and rehabilitation
- Lost wages and reduced earning capacity
- Long-term care and adaptive support
- Property damage
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of companionship or consortium
- Loss of enjoyment of life
Punitive Damages
If a railroad or related entity acted with gross negligence or reckless disregard for safety, the court may award punitive damages under Texas Civil Practice & Remedies Code §41.003, which requires clear and convincing proof of fraud, malice, or gross negligence.
Talk to a Nacogdoches Train Accident Attorney
If you or a loved one suffered serious injuries in a train collision, the attorneys at Winocour Law are ready to help. We investigate every detail, preserve key evidence, and prepare each case as though it will be tried before a jury. We will not settle for anything less than you deserve.
Call (214) 740-4848 or contact us online for a free consultation with a train accident lawyer serving Nacogdoches.
You pay no fees unless we recover compensation for you.