Houston Train Accident Attorney

Have You or a Loved One Suffered a Railroad Accident? Houston's Michael Grossman and his Team of Attorneys are Here to Help

Railroad accidents involve some of the largest companies in the world such as Union Pacific Railroad. As such, Union Pacific has limitless money to fight the legal battle.

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Railroad litigation can be both state or federal depending on multiple factors. The Federal Employer Liability Act was created to help protect the employees of the railroad industry. By its very nature, the railroad industry is dangerous. Employees of companies such as Union Pacific routinely work around large equipment and heavy locomotives. If an employee of a railroad company such as Union Pacific does not comply with FELA, suit can be brought.


A Brief History on Railroad Accidents and Their Governing Bodies

There are many victims of Houston-area train accidents who are not employees of the railroad. This would include railroad crossings incidents. The Federal Railroad Safety Act "FRSA" enacted in 1970 controls safety regulations for the railway industry. It set minimum safety standards in an attempt to reduce the number of train-related accidents and death. An unfortunate by-product of the stature was that claimants were being deprived of their day in court.

By 2007 the railroads had basically complete immunity from suit even if it had not complied with the minimum federal safety standards. Derailment, crossing accident, or a train striking a pedestrian were claims that could not be brought because the federal law of Federal Railroad Safety Act providing immunity to the railroad preempted the state negligence law.

An amendment 9\11 to FRSA has now expressly stated that state law is not preempted by federal law based on preemption alone. Now the plaintiff can bring a state cause of action under a number of allegations so long as he or she can prove that the railroad did not meet minimum federal safety standards or has failed to meet its own internal standards or has failed to meet a state standard.

The damages available to the family of a person who suffered a wrongful death in a train accident are controlled by the Texas Wrongful Death Statute and the Texas Survival Statute. The claimants that can recover pursuant to these two statutes are the deceased's parents, spouse and children.


How can Grossman Law Offices Assist me with my Houston Texas Train Accident Case?

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Experts are critical to successfully litigate against a railroad company such as Union Pacific. An expert can clarify factually what the railroad failed to do from a safety perspective. The expert can obtain photos including video, measurements, witness statements, police reports and other evidence in order to come up with credible conclusions. The Houston train accident lawyers at Grossman Law Offices will see to it that the medical bills, broken bones, or other serious injuries that you may have racked up are covered as well as any other expenses resulting from your railroad accident in Houston, Texas.


Some of Our Most Recent Successful Cases
$97,500.00 Recovery - Wrongful Death / First-Party Dram Shop Accident
(policy limits were $100k) Recovery for wife of a motorcyclist who was killed in a drunk driving accident.
Total Recovery:
$97,500.00
Attorney Fees:
$48,750.00
Litigation Expenses:
$0.00
$100,000.00 Recovery - Motorcycle Accident (Broken Femur)
(policy limits) Recovery for victim who sustained a broken femur in a motorcycle accident.
Total Recovery:
$100,000.00
Attorney Fees:
$33,000.00
Litigation Expenses:
$0.00
$350,000.00 Recovery - Product Liability (Back Injury Resulting in Surgery)
A young woman suffered a back injury that required corrective surgery following a boating accident. The boat in question sped out of control and crashed into a landmass, throwing our client from the boat, as the result of a stuck throttle. Upon inspection of the boat, it was determined that a poor design led to the malfunction and a product liability lawsuit was brought against the manufacturer. The defendants argued that the boat was inappropriately piloted, however, the physical evidence depicted the cause of the accident quite clearly and the case was successfully resolved.
Total Recovery:
$350,000.00
Attorney Fees:
$100,000.00
Litigation Expenses:
$100.00
$100,000.00 Recovery - Motorcycle Accident (Neck, Back, and Knee Injury)
Recovery for a client who suffered neck, back, and knee injuries in a motor cycle accident.
Total Recovery:
$100,000.00
Attorney Fees:
$33,333.00
Litigation Expenses:
$627.00
$475,000.00 Recovery - Commercial Vehicle Accident / Motorcycle Accident (Shoulder Injury Requiring Surgery)
An airline pilot suffered a shoulder injury resulting in surgery when he was sideswiped by an 18-wheeler. The case was resolved through litigation, as establishing liability was a contentious matter. The defendants claimed that the plaintiff made an illegal passing maneuver, but the evidence showed that the defendant made a sweeping turn and intruded upon our client's right of way.
Total Recovery:
$475,000.00
Attorney Fees:
$158,333.00
Litigation Expenses:
$5,000.00
$200,000.00 Recovery - Commercial Vehicle Accident (Back Injury Requiring Surgery)
Recovery for motorcyclist who suffered a back injury in an 18-wheeler accident.
Total Recovery:
$200,000.00
Attorney Fees:
$80,000.00
Litigation Expenses:
$5,709.00
$350,000.00 Recovery - Wrongful Death / First Party Dram Shop
Our firm was hired by the minor child and parents of a young man who was killed in a motorcycle accident after being over served alcohol at a South Padre Island bar. The plaintiffs hired our firm to investigate the claim on the basis that the decedent was over the legal limit at the time of his death. In initial attempts to settle the case out of court, the defendants denied liability. Suit was filed soon thereafter.

The defendants initially argued that the decedent never consumed alcohol on their premises. Through physical evidence and deposition testimony to the contrary, we were able to conclusively prove that the decedent had indeed been drinking at the establishment.

The defendants then asserted allegations that the decedent's minor child was not actually his biological child, which would bar his claim entirely. A DNA test was performed and this argument was defeated.

The defendants then asserted the safe harbor defense. Our attorneys argued that the defendants did not qualify for safe harbor protection due to the fact that their servers were not all licensed providers. However, while this element was being addressed, our attorneys focused their attention on addressing the second element of the safe harbor defense regarding the bar's encouragement of the over service of alcohol. The defendants claimed that they would never serve the double-shot Bacardi cocktails that witnesses claimed the decedent drank several of. We sent private investigators into the bar to order the same drinks that the decedent consumed on the night of his death and the very same bar tenders who over served the decedent, without hesitation, served copious amounts of alcohol to the investigators, all of which was captured on hidden camera.

Once the safe harbor defense was defeated, the defendants argued that the decedent's BAC was low enough at the time of his death (as recorded by the hospital) that he would not have necessarily appeared obviously intoxicated to the servers and therefore the bar should not be held liable even if he had been over served. Eyewitness testimony refuted this.

Additionally, our firm's testifying medical expert reviewed the medical records related to the emergency helicopter flight that transported the decedent to the hospital after his accident. She determined that the EMS technicians administered numerous blood transfusions while in flight. Armed with this newfound data, our medical expert reverse extrapolated and determined conclusively that the decedent's BAC was actually in the range of .19-.21 at the time of the accident, though it was drastically diluted by the time he arrived at the hospital, which accounted for the relatively low BAC found in the hospital's medical records. This testimony proved to be pivotal in the case, resulting in a successful recovery for our clients.
Total Recovery:
$350,000.00
Attorney Fees:
$140,000.00
Litigation Expenses:
$40,000.00
$125,055.00 Recovery - Automobile Accident (Back Injury Requiring Surgery)
Recovery for client who suffered a back injury resulting in surgery in a car accident.
Total Recovery:
$125,055.00
Attorney Fees:
$41,684.00
Litigation Expenses:
$435.00
$93,000.00 Recovery - Motorcycle Accident (Soft-Tissue Injuries and Abrasions)
Recovered for victim of motorcycle accident who suffered soft tissue injuries and abrasions.
Total Recovery:
$93,000.00
Attorney Fees:
$31,000.00
Litigation Expenses:
$181.00

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