Houston Train-Pedestrian Accident on Commerce Street: What Happened and What Victims Need to Know
A Life Changed in an Instant on Downtown Houston Streets
The accident was reported around 10:15 a.m. on April 11 on Commerce Street near Chartres Street in Downtown Houston. A person was struck by a train on the street. The victim’s condition was not disclosed, but the circumstances raise serious questions about safety, liability, and the rights of those injured in train-pedestrian accidents.
At Attorney911, we’ve seen how these incidents can devastate families. When a train strikes a pedestrian, the injuries are often catastrophic—traumatic brain injuries, spinal cord damage, amputations, or even wrongful death. The victim in this case may be facing life-altering consequences, and if negligence played a role, they deserve justice.
This article breaks down what we know about the Commerce Street incident, the legal principles that apply, and how victims can protect their rights.
Who Is Liable in a Train-Pedestrian Accident?
Train-pedestrian accidents are complex because multiple parties may share responsibility. Unlike car accidents, where liability often rests with one driver, train incidents can involve:
1. The Railroad Company
Railroad companies have a duty to operate trains safely and maintain secure crossings. If the company failed to:
– Install proper warning signals (lights, bells, gates) at the crossing
– Maintain clear sightlines for pedestrians and train operators
– Enforce speed limits in urban areas
– Train operators to respond to pedestrians on or near tracks
…they may be liable for negligence.
Relevant Legal Doctrine:
Under negligence per se, violating a safety regulation (such as FTA or FRA standards) can automatically establish liability. For example, if the train was traveling above the speed limit for urban areas, the railroad could be held responsible without further proof of negligence.
2. The Train Operator
The train operator (engineer) has a duty to:
– Maintain a proper lookout for pedestrians
– Sound the horn when approaching crossings
– Operate the train at a safe speed
– Take evasive action if a pedestrian is spotted on the tracks
If the operator was distracted, fatigued, or failed to follow safety protocols, they may share liability.
FMCSA Connection:
While FMCSA regulations (49 CFR Parts 390-399) primarily govern commercial motor vehicles, the principles of driver fatigue, distraction, and negligent operation apply equally to train operators. For example:
– 49 CFR § 392.3 prohibits operating a vehicle while fatigued—a principle that extends to train operators.
– 49 CFR § 392.82 prohibits texting while driving, a rule that mirrors FRA regulations for train operators.
3. The City of Houston or TxDOT
Government entities are responsible for designing and maintaining safe roadways and crossings. If the accident occurred because of:
– Poorly designed crossings with obstructed views
– Malfunctioning warning signals
– Lack of pedestrian barriers or fencing
– Inadequate signage warning pedestrians of train tracks
…the city or state may be liable under premises liability or negligent road design.
Case Example:
In City of Houston v. Harris County (2018), the Texas Supreme Court ruled that government entities can be held liable for dangerous road conditions if they had actual or constructive notice of the hazard and failed to address it. This precedent could apply if the Commerce Street crossing was known to be unsafe.
4. Property Owners or Businesses Near the Crossing
If nearby businesses or property owners contributed to the accident by:
– Obstructing sightlines with signage, vegetation, or structures
– Failing to maintain safe pedestrian pathways
– Encouraging jaywalking due to lack of crosswalks
…they may share liability.
5. Manufacturers of Train or Crossing Equipment
If the accident was caused by a mechanical failure, such as:
– Malfunctioning warning signals
– Defective train brakes
– Faulty crossing gates
…the manufacturer of the defective equipment could be held liable under product liability laws.
What Should Victims Do After a Train-Pedestrian Accident?
If you or a loved one is involved in a train-pedestrian accident, taking the right steps immediately can protect your health and your legal rights.
1. Seek Medical Attention Immediately
Even if injuries seem minor, adrenaline can mask pain, and internal injuries may not be immediately apparent. Common delayed symptoms include:
– Headaches or dizziness (signs of TBI)
– Numbness or tingling (signs of spinal cord injury)
– Abdominal pain (signs of internal bleeding)
Why It Matters:
Medical records create a paper trail linking your injuries to the accident. Insurance companies and railroads will use any delay in treatment to argue that your injuries weren’t serious or weren’t caused by the accident.
2. Report the Accident to Authorities
Call 911 and ensure the accident is documented by:
– Houston Police Department
– Metro Police (if MetroRail was involved)
– The railroad company (Union Pacific, BNSF, etc.)
Why It Matters:
A police report provides an official record of the incident, including witness statements, weather conditions, and the officer’s assessment of fault. This report will be critical evidence in your case.
3. Document the Scene
If you’re able, take photos and videos of:
– The train and its identification numbers
– The crossing signals and warning devices
– Skid marks or debris on the tracks
– Obstructions that may have blocked visibility
– Your injuries
Why It Matters:
Evidence disappears quickly. The railroad may repair malfunctioning signals or remove debris before investigators arrive. Your photos can prove what really happened.
4. Gather Witness Information
If anyone saw the accident, get their:
– Names
– Phone numbers
– Email addresses
– Statements about what they saw
Why It Matters:
Witness testimony can corroborate your version of events and counter claims by the railroad that you were at fault.
5. Do NOT Give a Recorded Statement to the Railroad or Their Insurance
Railroad companies have rapid-response teams that arrive at accident scenes quickly. Their goal is to minimize liability, not to help you. Anything you say can be used against you to reduce or deny your claim.
Insider Knowledge:
At Attorney911, our team includes Lupe Peña, a former insurance defense attorney who knows exactly how railroads and their insurers operate. He’s seen firsthand how adjusters are trained to twist your words and shift blame onto the victim. Never speak to them without an attorney present.
6. Contact an Experienced Train Accident Attorney Immediately
Train-pedestrian accidents involve complex liability issues, multiple defendants, and aggressive insurance companies. You need an attorney who:
– Understands railroad regulations and FRA standards
– Knows how to preserve evidence before it’s destroyed
– Has experience negotiating with railroads and their insurers
– Is prepared to take your case to trial if necessary
Why Attorney911?
Our managing partner, Ralph Manginello, has over 25 years of experience handling catastrophic injury cases, including train accidents. We’ve secured multi-million dollar verdicts and settlements for victims of negligence, and we’re not afraid to take on powerful corporations like Union Pacific or BNSF.
What Compensation Can Victims Recover?
If negligence caused the Commerce Street train-pedestrian accident, victims may be entitled to compensation for:
1. Economic Damages
- Medical expenses (past, present, and future)
- Lost wages (if the injury prevents you from working)
- Loss of earning capacity (if you can no longer work in your profession)
- Property damage (if personal belongings were destroyed)
- Rehabilitation costs (physical therapy, occupational therapy)
2. Non-Economic Damages
- Pain and suffering (physical and emotional distress)
- Mental anguish (anxiety, depression, PTSD)
- Loss of enjoyment of life (inability to participate in hobbies or activities)
- Disfigurement (scarring, amputations)
- Loss of consortium (impact on your relationship with your spouse)
3. Punitive Damages
If the railroad or another party acted with gross negligence or willful misconduct, punitive damages may be awarded to punish the wrongdoer and deter future misconduct.
Case Example:
In Union Pacific Railroad v. Nami (2016), a Texas jury awarded $60 million in punitive damages after a train struck a vehicle at a crossing with known signal malfunctions. The railroad had ignored repeated warnings about the dangerous condition.
What to Do Next: Protect Your Rights
If you or a loved one was involved in the Commerce Street train-pedestrian accident—or any train accident in Houston—time is critical. Evidence disappears quickly, and the railroad’s legal team is already working to protect their interests.
Here’s what you should do right now:
- Seek medical attention if you haven’t already.
- Do not speak to the railroad or their insurance company without an attorney.
- Contact Attorney911 for a free, confidential consultation.
Call us 24/7 at:
- 1-888-ATTY-911
- (888) 288-9911
- (713) 528-9070
Email us at:
- ralph@atty911.com
- lupe@atty911.com
Visit our website for more information:
The Bottom Line: You Deserve Justice
Train-pedestrian accidents are preventable tragedies. When railroads, cities, or other parties fail to prioritize safety, innocent people pay the price with catastrophic injuries or death.
At Attorney911, we believe no one should have to fight alone against powerful corporations. Our team has the experience, resources, and determination to hold negligent parties accountable and secure the compensation you deserve.
Ralph Manginello’s Promise:
“We’ve spent over 25 years fighting for victims of negligence, and we’re not afraid to take on the toughest cases. If a train struck you or a loved one, we’ll investigate every angle, preserve every piece of evidence, and fight for every dollar you’re owed. You don’t pay us a cent unless we win.”
Learn More About Your Rights
For more information on train accidents, pedestrian injuries, and how to protect your rights, watch these videos from our Attorney911 YouTube channel:
- The Victim’s Guide to 18-Wheeler Accident Injuries – While this video focuses on trucking accidents, the principles of catastrophic injury claims apply to train-pedestrian accidents as well.
- Can I Sue for Being Hit by a Semi Truck? – This video explains the legal process for holding negligent parties accountable, which is similar for train accidents.
- What Should You Not Say to an Insurance Adjuster? – Railroads and their insurers use the same tactics as trucking companies to minimize claims. Learn how to protect yourself.
- The Ultimate Guide to Brain Injury Lawsuits – If you or a loved one suffered a traumatic brain injury in the Commerce Street accident, this guide explains your legal options.
- What Is Fair Compensation for Pain and Suffering? – Train accidents often result in severe pain and suffering. This video explains how compensation is calculated.
Final Thought: Justice Starts with One Call
The Commerce Street train-pedestrian accident is a stark reminder of how quickly lives can change. If you or a loved one was involved, you don’t have to face this alone.
At Attorney911, we’re more than just lawyers—we’re advocates for justice. We’ll fight for your rights, hold the negligent parties accountable, and secure the compensation you need to rebuild your life.
Call us now at 1-888-ATTY-911. Your future starts with one call.