Railroad Accident & FELA Injury

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Texas Railroad Accident & FELA Injury Lawyers

Railroads remain a vital backbone of Texas industrial transport, but rail yards, mainline tracks, and highway crossings are high-risk environments. The massive weight and momentum of trains mean that when derailments, signal failures, or switching mishaps happen, injuries are rarely minor. Railroad accident claims involve specialized federal statutory laws, federal preemption rules, and complex safety standards set by government regulators.

Whether you are a railroad employee injured on the job or a motorist injured in a highway grade-crossing collision, the attorneys at Grimes & Fertitta, P.C. possess the trial experience required to stand up against major rail carriers and their insurance teams.

Injured Railroad Workers: Understanding FELA (45 U.S.C. § 51)

Injured railroad employees do not participate in traditional state workers’ compensation systems. Instead, injured railroad workers are protected under the Federal Employers’ Liability Act (FELA) enacted by Congress in 1908.

Why FELA Claims Differ from Workers’ Compensation:

Fault Must Be Proven:
Unlike no-fault workers’ compensation, FELA requires the injured worker to prove that the railroad company was negligent—even in the slightest degree—and that this negligence contributed to the injury.
Comparative Negligence Standard:
Railroads often argue that the worker caused their own injury. FELA applies a comparative negligence rule, meaning your compensation is reduced only by your proportion of fault.
Full Recoverable Damages:
Under FELA, you are not restricted to statutory benefit caps. You can recover full financial compensation for lost past and future income, medical bills, physical pain, suffering, disability, and mental anguish.

Causes of Railroad Accidents & Crossing Collisions

Highway Grade-Crossing Collisions: Malfunctioning crossing gates, unmaintained signal lights, obscured sightlines due to vegetation, or trains failing to sound horns.
Track & Geometry Defects: Broken rails, defective ties, improper switch alignments, or inadequate track inspections leading to derailments.
Equipment & Locomotive Failure: Defective handbrakes, unsafe coupling devices, poor cab seating, or mechanical failures governed by the Locomotive Inspection Act (LIA) and Safety Appliance Act (SAA).
Worker Fatigue & Scheduling Violations: Rail carriers pushing crews past statutory service hour limits, resulting in fatigue-related operational errors.

Authoritative Resources & Rail Safety Authorities

Federal Railroad Administration (FRA) –https://railroads.dot.gov Primary federal agency governing rail safety standards, track safety inspections, and accident reporting.
National Transportation Safety Board (NTSB) –https://www.ntsb.govI ndependent federal agency that investigates major rail disasters, train collisions, and derailments.
Surface Transportation Board (STB) –https://www.stb.gov Federal economic regulatory body overseeing rail carrier operations and infrastructure.

Contact Our Texas Railroad Injury Legal Team

If you were injured in a railroad collision or suffered an injury as a rail worker, contact Grimes & Fertitta today to protect your rights under FELA and federal law. Houston, TX Office: (713) 224-7644 | The Woodlands, TX Office: (281) 882-8488

Richard M. Grimes is an experienced litigator who has successfully represented clients in matters involving catastrophic injury, trucking accidents, corporate and partnership disputes, contract disputes, commercial litigation, auto accidents, family law, custody disputes, real estate fraud, medical malpractice, products liability, premises liability, and high net worth divorce. Known for his ability to manage cases from inception through trial, Richard provides clients with dedicated representation aimed at achieving results that safeguard their rights and interests.

Julian J. Fertitta, III has built a distinguished career handling a wide range of legal disputes, including catastrophic injury, trucking accidents, medical malpractice, corporate and partnership disputes, contract disputes, commercial litigation, auto accidents, family law matters, and high net worth divorce cases. His practice also includes real estate fraud, custody disputes, and general litigation. Julian began his trial career managing complex tort actions across Texas and has since established himself as a trusted advocate for both plaintiffs and defendants.