Tyler Train Accident Attorney

Train accidents are among the most devastating transportation events. Victims are often left with life-changing injuries, emotional trauma, and financial uncertainty. These crashes frequently involve vehicles or pedestrians, and legally, most railroad accident claims fall into two broad categories — those involving injured employees and those involving members of the public.

While every accident is unique, the harm caused is almost always severe. Much like truck crashes, the sheer mass and momentum of a train make catastrophic injury nearly unavoidable when something goes wrong. 

When negligence contributes to a derailment, collision, or crossing incident, it is critical to consult a train accident lawyer in Tyler, TX who understands both Texas law and the federal regulations governing rail safety. These cases often involve complex oversight under the Federal Railroad Safety Act and related Federal Railroad Administration (“FRA”) regulations that govern track maintenance, crew safety, and equipment standards.  

Connect with our experienced team at Winocour Law to start a careful review of your case and explore your best options for recovery. 

Why Choose Winocour Law? 

Train-accident cases are technical, evidence-heavy, and fought by opponents with deep resources. You need a trial team that knows how to preserve records, manage experts, and take a case to a jury if necessary. 

At Winocour Law, we bring exactly that. Mike C. Miller, a Board-Certified Personal Injury Trial Lawyer by the Texas Board of Legal Specialization, leads our serious injury and wrongful death practice. His certification, earned through rigorous testing and courtroom success, sends a clear message: when Winocour Law takes your case, we prepare to see it through to the fullest extent of the law.  

Alongside Jonathan Winocour, whose extensive trial experience and recognition by Texas Lawyer magazine reinforce our reputation for skilled advocacy, our team combines decades of legal insight. With our firm’s 135-year legacy of protecting injured Texans, we are uniquely positioned to handle some of the most challenging railroad accident cases in the state.

Common Types of Texas Train Accidents

In 2024, the United States reported 2,261 highway-rail grade crossing collisions, resulting in 262 fatalities and 763 injuries. Texas led the nation with 283 collisions, 20 fatalities, and 81 injuries, according to Federal Railroad Administration statistics reported by Operation Lifesaver. 

These numbers underscore why railroad accidents remain a significant public safety concern, particularly in East Texas, where freight and passenger lines often intersect rural roads. 

The most frequent cases we see in this region include: 

  • Collisions with vehicles at crossings 
  • Derailments 
  • Pedestrian incidents 
  • Hazardous material spills 

Why Do Train Accidents Typically Occur in Tyler? 

Railroads, engineers, and maintenance crews all have a duty to keep passengers, motorists, and bystanders safe. When they fail in that duty, tragedy can follow. 

Common causes include: 

  • Human error or negligence by operators or crew 
  • Faulty equipment or mechanical defects 
  • Inadequate track inspection or maintenance 
  • Signal malfunctions or crossing design flaws 
  • Weather-related hazards that were not properly managed 

At Winocour Law, we work with investigators, engineers, and safety experts to identify the precise cause of your accident and every party that shares responsibility. 

Who Can Be Held Liable in a Tyler Train Accident Lawsuit? 

One of the most crucial aspects of your case is identifying all responsible parties. In train accidents, liability may fall on: 

  • The railroad company itself 
  • Engineers or crew who violated safety rules 
  • Equipment manufacturers for defective brakes, couplings, or signals 
  • Maintenance contractors who cut corners on inspections or repairs 
  • Government agencies, if crossings were dangerously designed or neglected 

Railroads that transport passengers are classified as common carriers under Texas law. As such, they owe passengers the highest degree of care practicable under the circumstances —a standard long recognized by the Texas Supreme Court in Speed Boat Leasing, Inc. v. Elmer, 124 S.W.3d 210 (Tex. 2003). When that duty is violated through operator error, mechanical failure, or unsafe conditions, the carrier may be held legally responsible for the resulting injuries and losses. 

Texas follows a modified comparative fault rule, meaning injured individuals can still recover damages if they are not more than 50% at fault for the accident. This rule is codified under Texas Civil Practice and Remedies Code §33.001

Because train accidents are typically investigated by local authorities and federal agencies, much of the initial evidence is collected as a matter of course. At Winocour Law, we focus on ensuring that critical records, data, and witness statements are preserved and properly analyzed to support your claim. 

BNSF Train in Dallas, Texas

What Types of Compensation Can You Receive in a Train Accident Claim?

After a train accident, you may face months of medical treatment, lost income, and lasting changes to your life. Texas law allows injured victims, and in some cases, their families, to recover for both the measurable costs of an injury and the personal losses it causes, including: 

Economic Damages 

These are the costs that can be documented and calculated, including: 

  • Medical treatment and rehabilitation, now and in the future 
  • Lost wages and reduced earning capacity 
  • Other direct costs, such as home modifications or transportation needs related to your injury 

Non-Economic Damages 

These damages address the less tangible but equally important impacts of your injury, including: 

  • Physical pain and emotional distress 
  • Loss of enjoyment of life 
  • Loss of companionship or consortium, particularly in wrongful death cases 

Punitive Damages 

In rare cases, if the railroad’s conduct demonstrates gross negligence or a willful disregard for safety rules, Texas law permits the award of punitive damages. These are governed by Texas Civil Practice and Remedies Code §41.003, which permits exemplary damages when there is clear and convincing evidence of fraud, malice, or gross negligence. 

Talk to a Tyler Train Accident Lawyer Today 

If you or a loved one suffered injuries or death in a railroad collision, you deserve a strong legal advocate. At Winocour Law, we carefully investigate every detail of your case, preserve critical evidence, and build a powerful strategy for maximum recovery. 

Contact us at (214) 740-4848 or reach out online to arrange a complimentary consultation with a train accident lawyer in East Texas. Our representation operates on a contingency basis, meaning you owe nothing unless we recover compensation on your behalf. 

Frequently Asked Questions (FAQs) about Tyler Train Accidents 

How long do I have to file a claim after a train accident?

In most Texas cases, you have two years from the date of injury or death to file a personal injury or wrongful death claim, as provided under Texas Civil Practice and Remedies Code §16.003 (Texas Legislature Online). Railroad employees may have separate deadlines under federal law. 

How is fault determined in a train accident case?

Through a combination of evidence: railroad records, witness statements, expert testimony, and accident reconstruction. 

Can I sue the railroad company if I was a passenger?

Yes. Passengers have the right to pursue claims against the carrier and, if relevant, other responsible parties. 

How much does it cost to hire a train accident attorney?

We handle these cases on a contingency basis. You don’t pay fees unless we recover damages on your behalf.

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