A train collision happens in seconds, but the impact on your life can last for years. Whether a freight train hit your vehicle at a crossing, an Amtrak or commuter train derailed, or a loved one suffered injuries as a pedestrian near the tracks, you face serious medical bills, time off work, and a lot of unanswered questions.
You do not have to face this alone. A Houston train accident lawyer at Joe I. Zaid & Associates can step in, deal with the railroad and insurance companies, and fight for the compensation you deserve while you focus on healing.
In this guide, we explain how train collisions happen, who may be liable, what Texas law says about your rights, and how we handle these complex cases for clients across Houston, Pasadena, Clear Lake, Humble, and all over Texas.
Understanding Train Collisions in Texas
Train collisions are less common than car crashes, but they are often far more severe. Trains take a long time to stop, weigh thousands of tons, and share space with drivers and pedestrians at hundreds of crossings across Texas.
According to the Federal Railroad Administration (FRA), more than 2,000 incidents and about 200 fatalities occur at highway‑rail grade crossings each year in the United States.
Operation Lifesaver’s review of preliminary 2025 data shows that Texas had 215 highway‑rail crossing collisions, 23 deaths, and 68 injuries in 2025, more than any other state.
These numbers show that Texas residents face a real risk at railroad crossings, especially in busy metro areas like Houston.
Common Types of Train Accidents
Train‑related cases we see include:
- Train–vehicle collisions at crossings
- Cars, pickup trucks, and commercial vehicles struck at public or private railroad crossings.
- Pedestrian and bicyclist incidents
- People walking along tracks, cutting across tracks, or standing too close when a train passes.
- Derailments
- Freight or passenger trains leaving the tracks due to track defects, equipment failures, or operator error.
- Collisions involving hazardous materials
- Freight trains that carry chemicals or fuel, leading to fire, explosion, or toxic exposure.
- On‑board injuries
- Passengers hurt by sudden stops, falling luggage, or unsafe conditions inside the train.
Each type of incident involves different evidence, regulations, and liable parties, which is why it helps to have a legal team that understands transportation and serious‑injury litigation.
Who Can Be Liable After a Train Collision?
Train collisions rarely involve just one careless person. Several parties may share responsibility:
- Railroad companies
- Failing to maintain tracks and crossings
- Ignoring known signal problems
- Allowing excessive speed through dangerous areas
- Poor training, supervision, or scheduling that encourages fatigue
- Train engineers and crew
- Not keeping a proper lookout
- Failing to sound the horn or apply brakes in time
- Violating operating rules or federal safety regulations
- Government entities and contractors
- Dangerous crossing design (poor visibility, lack of gates or lights)
- Failure to trim vegetation that blocks the view of tracks
- Delayed repair of known defects
- Vehicle drivers
- Driving around lowered gates
- Stopping on the tracks
- Trying to “beat the train” at a crossing
- Equipment and signal manufacturers
- Defective crossing gates, lights, warning systems, or train components
Our job as your Houston train collision lawyers is to identify every responsible party, so we can pursue the full value of your claim.
Your Legal Rights Under Texas Law
Duty of Care in Train Collision Cases
Multiple people and entities owe you a duty of care:
- Railroads must operate trains safely, maintain tracks and crossings, and provide adequate warnings.
- Engineers must follow safety rules, keep a lookout, and use the horn and brakes when needed.
- Drivers must obey crossing signs and signals and never stop on the tracks.
- Public agencies must reasonably design and maintain roads and crossings.
When a person or company fails to use reasonable care and that failure causes your injuries, Texas law treats that as negligence, and you can seek compensation for your losses.
Texas Statute of Limitations for Train Accidents
Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of a personal injury or wrongful death to file a lawsuit.
If you miss this deadline, the court can throw out your case, no matter how strong your evidence looks. There may be shorter notice deadlines if a city, county, or other government body is involved, so you should speak with an attorney as soon as you can.
For a deeper explanation of these deadlines, you can also review our firm’s guide on the Texas statute of limitations for personal injury claims, which breaks down the main rules and exceptions in plain language. (See: Don’t Let Time Steal Your Rights: Texas Statutes of Limitations for Personal Injury Claims at joezaid.com.)
Texas Comparative Negligence: The 51% Rule
Sometimes, more than one person shares blame for a crash. Texas follows a modified comparative negligence system.
Under Texas Civil Practice and Remedies Code § 33.001, you cannot recover damages if you are more than 50% at fault for an accident.
If you are 50% or less at fault, you can still recover money, but the court reduces your award by your percentage of responsibility.
For example:
- If a jury finds your total damages are $500,000
- And decides you are 20% at fault for stopping too close to the tracks
- You would recover $400,000 (80% of $500,000)
Railroads and their insurers often overstate the victim’s fault to avoid paying. We push back with evidence from reconstruction experts, signal data, video, and witness statements.
What To Do After a Train Collision
Steps to Protect Your Health and Your Claim
Right after a train collision, you feel shocked and overwhelmed. However, your actions in the first hours and days can strongly affect your case:
- Get medical treatment immediately
- Even if you feel “okay,” some serious injuries, like brain or internal injuries, show up later.
- Call law enforcement
- Make sure police respond and create a report.
- Document the scene if you can
- Photos or video of the crossing, signals, damage, and injuries
- Names and contact information of witnesses
- Save everything
- Medical records and bills
- Pay stubs and proof of lost wages
- Towing and repair estimates or property damage records
- Talk to a Houston train accident lawyer quickly
- Railroads and their investigators move fast. You deserve someone on your side just as quickly.
Common Mistakes to Avoid
To protect your claim:
- Do not give recorded statements to the railroad or insurance carrier without legal advice.
- Do not sign releases or settlement offers before a lawyer reviews them.
- Do not post details, photos, or opinions about the crash on social media.
- Do not ignore follow‑up medical care; gaps in treatment let insurers argue you recovered or were not seriously hurt.
Compensation Available After a Train Collision
A serious train collision can impact every part of your life. In a Texas train accident case, you can pursue economic and non‑economic damages, including:
- Medical expenses
- Emergency care, surgery, hospital stays
- Physical therapy, rehabilitation, medications
- Future medical care for long‑term injuries
- Lost income and reduced earning capacity
- Paychecks you missed while recovering
- Long‑term impact on your ability to work or advance in your career
- Property damage
- Vehicle repair or replacement
- Damaged personal items (phones, laptops, etc.)
- Pain and suffering
- Physical pain and limitations
- Emotional distress, anxiety, PTSD
- Loss of enjoyment of life
- Activities you can no longer enjoy
- Wrongful death damages
- Funeral and burial expenses
- Loss of financial support, love, and companionship for close family members
Families dealing with a fatal collision can work with our Houston wrongful death lawyers to pursue justice for their loved one.
Why Choose Joe I. Zaid & Associates for a Train Collision Case
Train collision claims demand serious injury experience and a client‑focused approach.
Joe Zaid, founder of Joe I. Zaid & Associates, is a seasoned personal injury attorney whose client‑centered approach delivers results for his clients. Since 2013, Joe has represented thousands of clients in personal injury and wrongful death cases and has recovered millions of dollars in settlements, including numerous seven‑figure recoveries for individual clients. Joe focuses on personal injury cases ranging from minor impact crashes to life‑altering injuries.
Before opening his own firm, Joe worked for nearly a decade at one of the world’s largest insurance companies. That background gives him inside knowledge of insurance tactics, which he now uses to stand up for injured Texans.
Joe has been nominated by H‑Texas Magazine as one of Houston’s Top Lawyers and as a Top 40 under 40 Trial Lawyer. He is an active member of the Houston Trial Lawyers Association and Texas Trial Lawyers Association. You can learn more about his background and approach on his bio page.
When you choose our firm, you get:
- Personal attention
- We listen to your story, answer your questions, and keep you updated.
- No upfront fees
- We work on a contingency fee basis. You do not pay attorney’s fees unless we recover money for you.
- 24/7 availability
- When you have questions, we make time for you.
You can reach us at:
Joe I. Zaid & Associates
Office: (346) 756-9243
4701 Preston Ave. Pasadena, TX 77505
https://joezaid.comWe serve clients across the Greater Houston area and throughout Texas.
