Railroad Accidents

Morrow & Sheppard LLP are privileged to represent injured workers or family members who have lost loved ones in railroad accidents. According to the Texas Department of Transportation (TxDOT), every 120 minutes a person or vehicle in America is hit and killed in a train accident, despite the fact that train accidents and derailments have steadily decreased over the years. At Morrow & Sheppard LLP, our experienced Houston railroad accident attorneys can provide you or a loved one with aggressive representation in the event of an accident involving a train in Texas.

What is FELA?

The Federal Employers Liability Act (“FELA”), codified at 45 U.S.C. § 51 et seq. is a United States federal law that protects railroad workers that are injured on the job. Under FELA, an injured railroad worker can sue in state or federal court. Under FELA, an injured employee is entitled to recover damages if his employer was in any way negligent, no matter how slight. Thus, if an employer was just 1% negligent and just 1% at fault for a railroad injury, the injured employee has a right to damages. Moreover, if the employer is shown to have violated a federal safety statute, no further negligence needs to be proven and the injured employee has a right to damages. The stated purpose of FELA is to promote safety in every area of railroad operation. FELA imposes a requirement on the railroad to provide a safe environment for its employees to work.

For over 100 years, railroads have been critical to our country’s economy and transportation systems. However, railroads are incredibly dangerous. The injury rate for workers associated with railroads is approximately double the rate for ordinary industry sectors. In other words, if you work for railroads – particularly as a brake, signal, or switch operator – you are more than twice as likely to be injured on the job. Making matters worse, injuries sustained at the railyard are often severe. This is not surprising, considering a single empty railcar typically can weigh 25-30 tons.

In 2017, fatal railroad-related incidents totaled 831, an increase of more than 9% from 2016 total of 757 and the highest since 2007. Common causes of railroad-related deaths that our Houston railroad accident lawyers have seen include:

• Crashes involving only railcars;
• Crashes involving railcars and non-railcars, such as cars at railroad crossings;
• Slips and falls;
• Pedestrians (both railworkers and non-railworkers) struck; and
• Being struck by moving objects.

The following types of damages may be available if you or a loved one was injured in an accident involving a railroad in Texas:

• Lost wages;
• Lost earning capacity (these types of damages arise when someone can return to work after an injury, but not in the same capacity as before the accident);
• Medical bills;
• Pain and suffering;
• Mental distress;
• Disfigurement; and
• Shame and humiliation.

Under FELA, there is no minimum or maximum limit to the amount of damages that may be awarded by a judge or jury.