Our Texas Passenger Train Accident Lawyer Explains Liability When DART or TRE Trains Hit Vehicles
When a DART or Trinity Railway Express train hits a vehicle in Texas, liability depends on whether the government-owned transit authority, the vehicle driver, or a third party was negligent. Because DART and Trinity Metro are governmental entities, they have limited sovereign immunity protections that affect how and when you can sue them. Our passenger train accident lawyer at Varghese Summersett can help you navigate these complex immunity rules and determine who bears responsibility for your collision.
Passenger train accidents in the Dallas-Fort Worth area typically involve either Dallas Area Rapid Transit (DART) light rail and commuter trains or the Trinity Railway Express (TRE). Unlike private freight railroads, these systems operate under public transit authorities with specific legal protections that make pursuing compensation more complicated. Understanding who owns these systems and what that means for your injury claim is essential to recovering damages.
Who Owns DART and the Trinity Railway Express?
Dallas Area Rapid Transit is a governmental entity created under Texas Transportation Code Chapter 452. DART operates light rail lines throughout Dallas and surrounding cities, plus bus service and a portion of the Trinity Railway Express. The agency is governed by a board of directors appointed by member cities and funded through sales tax revenue from participating municipalities.
Trinity Metro (formerly Fort Worth Transportation Authority) is a separate governmental entity that operates transit services in Tarrant County. Trinity Metro and DART jointly own and operate the Trinity Railway Express commuter rail line connecting Dallas and Fort Worth. Trinity Metro also operates TEXRail, a 27-mile commuter rail line connecting downtown Fort Worth to DFW Airport Terminal B.
This governmental ownership structure creates significant legal differences compared to accidents involving private freight railroads like Union Pacific or BNSF. When you’re hit by a train operated by a governmental entity, sovereign immunity laws affect your ability to sue and recover damages.
Other Passenger Rail Systems in Texas
Texas has several other government-operated passenger rail systems where the same liability principles apply. The Metropolitan Transit Authority of Harris County (Houston METRO) operates METRORail, a 22.7-mile light rail system serving the Houston area with approximately 42,000 riders per weekday. Like DART and Trinity Metro, Houston METRO is a governmental entity created by the Texas Legislature in 1973, making it subject to the same sovereign immunity protections and damage caps under the Texas Tort Claims Act.
Capital Metro (CapMetro) operates the MetroRail Red Line in Austin, a 32-mile commuter rail service between downtown Austin and Leander with about 1,800 riders per weekday. CapMetro is also a governmental entity under Texas Transportation Code Chapter 451. Austin voters approved funding in 2020 for a light rail expansion that will add approximately 10 miles of new service through central Austin, creating additional intersections where train-vehicle collisions could occur.
San Antonio currently has no passenger rail service, though feasibility studies are underway for potential commuter rail connecting Austin and San Antonio. If built, this service would likely operate under similar governmental authority structures with the same immunity protections.
El Paso operates a streetcar system through Sun Metro, another governmental transit authority. While streetcars operate at lower speeds than commuter trains, the same basic liability principles apply when vehicles collide with these rail services.
Whether your accident involves DART in Dallas, METRORail in Houston, CapMetro in Austin, or TEXRail in Fort Worth, you face the same fundamental legal challenges. All these systems operate under governmental entities with sovereign immunity protections, requiring experienced passenger train accident lawyers who understand how to navigate the Texas Tort Claims Act’s notice requirements, damage caps, and exceptions. The six-month notice deadline applies to all governmental transit authorities in Texas, and missing this deadline destroys your claim regardless of how strong your case might be.
How Sovereign Immunity Affects Passenger Train Accident Claims
Sovereign immunity is the legal doctrine that prevents citizens from suing government entities without their consent. Texas has partially waived sovereign immunity for certain claims under the Texas Tort Claims Act (Civil Practice and Remedies Code Chapter 101), but important limitations remain.
DART and Trinity Metro can be sued for injuries caused by the negligent operation of their trains and buses. The Texas Tort Claims Act specifically waives immunity for injuries arising from the operation or use of motor-driven vehicles. Courts have consistently held that trains qualify as motor-driven vehicles under this statute, meaning you can sue these transit authorities when their negligent operation causes collisions.
However, the waiver comes with significant restrictions. Governmental entities cannot be held liable for punitive damages. Your recovery is capped at $250,000 per person and $500,000 per occurrence under Texas Civil Practice and Remedies Code § 101.023. These caps don’t apply to private parties who share liability, but they limit what you can recover from DART or Trinity Metro directly.
You must also provide formal notice to the governmental entity within six months of the accident under § 101.101. This notice must reasonably describe the damage or injury, the circumstances, and the amount of compensation sought. Missing this deadline or providing inadequate notice can destroy an otherwise valid claim. A passenger train accident lawyer familiar with governmental immunity rules ensures proper notice to preserve your rights.
What Activities Are Protected by Immunity
Not every decision made by DART or Trinity Metro is actionable. Governmental immunity still protects certain discretionary functions, meaning policy decisions about how to run the transit system generally cannot be challenged in court.
Decisions about where to place train lines, how frequently to run service, or whether to install warning devices at specific crossings are typically considered discretionary governmental functions protected by immunity. Courts reason that judges and juries should not second-guess policy decisions made by elected officials and their appointees about how to allocate limited public resources.
However, once these policy decisions are made, the actual implementation must be done non-negligently. If DART decides not to install crossing gates at a particular intersection (a protected policy decision), but then fails to maintain the warning signs that are installed (operational negligence), the agency can be held liable for the maintenance failure.
Similarly, decisions about train scheduling and route planning are protected, but the actual operation of trains on those routes must meet reasonable safety standards. An engineer operating a DART train at excessive speed or failing to sound proper warnings commits operational negligence that creates liability.
Common Liability Scenarios in DART and TRE Accidents
Vehicle Driver Negligence
Most passenger train accidents involve driver error. Texas Transportation Code § 545.251 requires vehicles to stop between 15 and 50 feet from railroad tracks when warning signals activate. Drivers who ignore crossing gates, try to beat trains across intersections, or drive distracted violate this law and typically bear primary responsibility for resulting collisions.
Even when drivers are partially at fault, they can still recover damages if other parties share responsibility. Texas follows proportionate responsibility rules under Civil Practice and Remedies Code § 33.001. You can recover compensation as long as you’re not more than 50% responsible for the accident. A passenger train accident lawyer analyzes all contributing factors to identify every party that shares fault.
Transit Authority Operational Negligence
DART and Trinity Metro can be held liable when their employees’ negligent actions contribute to collisions. Train operators must sound horns at least 15 seconds before entering crossings under federal regulations (49 CFR § 222.21). The required pattern is two long blasts, one short blast, and one long blast. Operators who fail to provide adequate warning create liability for their employer.
Excessive speed at crossings where speed restrictions apply also creates liability. Both federal regulations and local ordinances establish maximum safe speeds based on crossing visibility, traffic volume, and intersection design. Operators who exceed these limits and cause collisions act negligently.
Inadequate training of train operators can support liability claims. If DART or Trinity Metro fails to properly train employees on emergency procedures, crossing protocols, or equipment operation, the agency bears responsibility when that inadequate training contributes to accidents.
Defective maintenance creates additional liability. Transit authorities must maintain trains, tracks, and crossing warning devices in safe working condition. When mechanical failures or deferred maintenance cause or contribute to collisions, the governmental entity is responsible.
Crossing Signal and Warning Device Failures
Malfunctioning warning devices cause serious accidents. When crossing gates fail to lower, warning lights don’t activate, or bells don’t sound as a train approaches, drivers receive inadequate warning. The governmental entity responsible for maintaining these devices can be held liable.
In the Dallas-Fort Worth area, crossing maintenance responsibility varies. DART maintains signals at crossings on its exclusive rail lines. The Texas Department of Transportation, local cities, or counties may be responsible for crossings shared with freight railroads or on public roads. Your passenger train accident lawyer must identify the correct responsible party through investigation of maintenance agreements and inspection records.
Proving a signal malfunction requires documentation. Crossing signal systems typically include event recorders that log activation times, gate positions, and system failures. These records are crucial evidence. Transit authorities must preserve this data after accidents, and your attorney can subpoena records to prove warning device failures.
Third-Party Liability
Contractors who perform maintenance or construction work near train tracks can be held liable when their negligent work contributes to accidents. Construction companies must maintain proper warning systems and crossing protections during their work. Failures that create dangerous conditions lead to liability.
Vehicle manufacturers may bear responsibility when mechanical defects cause cars to stall on tracks. If your vehicle stopped due to a manufacturing defect rather than poor maintenance, the vehicle manufacturer can be sued for product liability.
Other drivers can cause train accidents. If another vehicle forces you onto the tracks or creates a traffic situation where you become trapped at a crossing, that driver shares liability for your injuries.
Federal Regulations Governing Passenger Train Operations
The Federal Railroad Administration establishes safety standards for all trains operating in interstate commerce, including DART and TRE. These regulations set minimum requirements that passenger train accident lawyers use to prove negligence.
Braking Requirements
Passenger trains must have functioning braking systems that meet FRA standards under 49 CFR Part 238. However, federal law does not require trains to be able to stop within any specific distance at grade crossings. This matters enormously in accident cases.
A fully loaded light rail train traveling at 55 mph requires approximately 600 to 800 feet to stop with emergency braking. The Trinity Railway Express, which uses heavier commuter rail cars, can require over 1,000 feet. Basic physics explains this limitation. Steel wheels on steel rails have much less friction than rubber tires on pavement, and trains carry far more weight than road vehicles.
Courts recognize these stopping limitations. Transit authorities are not held liable for failing to stop when doing so was physically impossible. The legal analysis focuses instead on whether the train operated at lawful speeds, whether the operator took appropriate emergency action when danger appeared, and whether warning systems functioned properly.
Horn Warning Requirements
Federal law requires train horns to sound at all public grade crossings unless the crossing qualifies for a quiet zone exemption under 49 CFR Part 222. The required warning pattern must begin at least 15 seconds before the train enters the crossing and continue until the locomotive occupies the crossing.
Many Dallas-area crossings are within established quiet zones where routine horn warnings are not required. However, even in quiet zones, train operators must sound horns when they observe vehicles or pedestrians in danger on the tracks. Failure to provide emergency warnings in these situations creates liability.
Speed Restrictions
FRA regulations and local ordinances establish maximum safe speeds for trains based on track conditions, crossing sight distances, and population density. DART light rail trains typically operate at lower speeds than heavy commuter rail in urban areas with frequent crossings.
Passenger train accident lawyers examine speed data from event recorders to determine whether trains exceeded regulatory limits. Even if a train operated within posted speed limits, excessive speed for prevailing conditions (such as poor visibility or known crossing problems) can constitute negligence.
What Happens When Vehicles Stop on Passenger Train Tracks
Vehicles stop on tracks for numerous reasons, and liability depends on why the vehicle stopped and what actions everyone took afterward.
Mechanical failure leaves drivers in dangerous positions through no fault of their own. Texas law requires drivers whose vehicles stall on tracks to immediately attempt to move the vehicle and warn approaching trains. Every railroad crossing displays an emergency notification system sign with a phone number and crossing identification number. Calling this number alerts dispatchers who can stop approaching trains.
Drivers who abandon stalled vehicles without attempting to warn trains may bear liability even though the mechanical failure wasn’t their fault. Courts expect reasonable efforts to prevent foreseeable harm.
Traffic congestion creates common scenarios where vehicles become trapped on tracks. Drivers who enter crossings when traffic ahead prevents them from fully clearing the tracks violate Texas law. You must verify you can completely cross before proceeding onto tracks, regardless of signal status.
However, if traffic signal timing near crossings creates predictable situations where drivers become trapped, the governmental entity controlling those signals may share liability. Poor coordination between railroad crossing signals and nearby traffic lights causes preventable accidents.
Train operators who see stopped vehicles must take immediate emergency action. This includes applying full brakes, sounding horns continuously, and warning passengers to brace for impact. Operators who had time to react but failed to take appropriate emergency measures create additional liability for their employer.
Special Considerations for DART Light Rail Accidents
DART operates light rail trains that are smaller and lighter than traditional commuter trains, but they still cause catastrophic damage in collisions with vehicles. Light rail presents unique hazards because trains share streets with vehicle traffic in some areas rather than operating on completely separated rights-of-way.
In street-running sections, DART trains operate under traffic signals like other vehicles. However, trains cannot maneuver to avoid obstacles and require much longer stopping distances than cars. Drivers who turn left in front of approaching trains or who stop on the tracks while waiting at red lights create dangerous situations.
DART light rail stations have platform areas where vehicles should not enter but sometimes do. Drivers who confuse platform areas for regular traffic lanes or who ignore barriers may collide with trains entering or leaving stations. These accidents typically involve clear driver negligence, but inadequate barriers or confusing intersection design may create shared liability.
Proving Negligence in DART and TRE Accident Cases
Passenger train accident cases require specialized investigation and expert analysis that typical vehicle accident attorneys may not provide. The complexity of federal railroad regulations, governmental immunity rules, and technical engineering issues demands experienced legal representation.
Critical Evidence in Train Accident Cases
Event data recorders on trains capture speed, braking application, horn activation, and other crucial data. These devices function like black boxes on aircraft, preserving objective evidence of train operations before accidents. Your passenger train accident lawyer must act quickly to preserve this data before it’s overwritten or destroyed.
Crossing signal maintenance and inspection records document whether warning devices functioned properly. Transit authorities keep logs of signal testing, repairs, and reported malfunctions. These records prove whether agencies knew about problems and failed to fix them.
Video footage from trains, crossing cameras, and nearby businesses captures what happened. DART trains have forward-facing cameras that record their approach to crossings. Traffic cameras at nearby intersections may show vehicle movements. Business security cameras sometimes capture accidents. This footage must be preserved immediately before it’s deleted or recorded over.
Witness statements from train operators, passengers, and nearby observers provide crucial testimony about horn warnings, signal operation, and driver behavior. In fatal accidents, witnesses may provide the only evidence of what the vehicle driver did before impact.
Expert Analysis Required
Railroad operations experts evaluate whether trains operated according to regulations and industry standards. These experts analyze event recorder data, review operating procedures, and assess whether train crews took appropriate actions.
Crossing design and signal experts determine whether intersections met safety standards and whether warning devices functioned properly. They calculate sight distances, evaluate warning times, and assess whether crossing design contributed to accidents.
Accident reconstruction specialists use physical evidence, video footage, and technical data to determine vehicle and train speeds, calculate stopping distances, and establish available reaction times. Their analysis proves whether parties could have prevented collisions.
Medical experts document injury severity and calculate future care needs. Train collision injuries are often catastrophic, involving traumatic brain injuries, spinal cord damage, amputations, and severe burns. Lifetime care costs can reach millions of dollars, and proper documentation ensures full compensation.
Damages Available in Passenger Train Accident Cases
The catastrophic nature of train-vehicle collisions typically results in severe injuries requiring extensive medical treatment.
Economic damages include all medical expenses, rehabilitation costs, lost wages, and diminished earning capacity. When injuries prevent you from returning to your previous occupation, experts calculate the economic loss over your expected work life. Adaptive equipment, home modifications, and long-term care costs are included when injuries cause permanent disabilities.
Non-economic damages compensate for physical pain, emotional suffering, permanent disfigurement, and reduced quality of life. Texas law does not cap these damages in most personal injury cases against governmental entities. The severity of injuries and their impact on daily living determine appropriate compensation.
Wrongful death claims arise when train collisions prove fatal. Surviving spouses, children, and parents can recover for loss of companionship, mental anguish, and loss of financial support under Texas wrongful death statutes. Funeral expenses and estate losses are also recoverable.
The $250,000 per person and $500,000 per occurrence caps on governmental liability often do not provide adequate compensation for catastrophic injuries. However, when multiple parties share liability (such as the transit authority, a maintenance contractor, and a negligent driver), you can recover full damages from non-governmental defendants. A passenger train accident lawyer structures claims to maximize recovery from all available sources.
What to Do After a DART or TRE Train Accident
Your actions immediately after a collision affect both your medical outcome and your legal rights.
Get medical attention immediately. Train collision forces cause severe injuries that may not be immediately apparent. Internal bleeding, traumatic brain injuries, and spinal damage can worsen rapidly without treatment. Refusing medical care at the scene or delaying treatment harms your health and damages your injury claim.
Report the accident to police. Call 911 and insist on an official accident report. Transit authorities also report accidents to the Federal Railroad Administration, creating additional documentation.
Document everything possible. If you’re physically able, photograph the crossing, warning signals, vehicle damage, and visible injuries. Note the time, weather conditions, and everything you observed before the collision. Memory degrades quickly, but photographs and written notes preserve critical details.
Preserve all evidence. Don’t repair or dispose of your vehicle before your attorney inspects it. Damage patterns help experts reconstruct collisions. Event data recorders in your vehicle may contain speed and braking information.
Contact a passenger train accident lawyer before speaking with transit authority representatives or their insurers. These entities have lawyers working to minimize payouts from the moment accidents occur. Early statements you make without legal advice can damage your claim. Settlement offers made before you know the full extent of your injuries rarely provide adequate compensation.
Follow the six-month notice requirement. Texas law requires written notice to governmental entities within six months of accidents. Your attorney ensures this critical deadline is met with proper documentation.
Why You Need a Lawyer Who Handles Governmental Entity Claims
Not all personal injury attorneys have experience with governmental immunity rules and transit authority claims. These cases involve legal complexities that don’t arise in typical vehicle accident cases.
Governmental immunity rules create procedural traps that can destroy valid claims. The six-month notice requirement, damage caps, and limitations on what governmental functions can be challenged require specific expertise. Attorneys without this experience may miss critical deadlines or fail to properly preserve claims.
Federal railroad regulations add another layer of complexity. Understanding FRA requirements for train operations, crossing warnings, and safety equipment requires specialized knowledge. Your attorney must know which regulations apply and how to prove violations.
Access to expert witnesses distinguishes successful passenger train accident lawyers from general personal injury attorneys. These cases require railroad operations experts, crossing design specialists, and accident reconstruction professionals with specific transit experience. Established attorneys have relationships with leading experts who provide credible testimony.
Resources to fully investigate claims matter enormously. Obtaining event recorder data, crossing maintenance records, and video footage requires immediate action and knowledge of what to request. Large cases may require hiring investigation firms to document crossing conditions, interview witnesses, and preserve evidence before it disappears.
Frequently Asked Questions About DART and TRE Accidents
How long do I have to file a lawsuit against DART or Trinity Metro?
You must provide written notice within six months under the Texas Tort Claims Act. After providing notice, you have two years from the accident date to file suit under the general statute of limitations. Missing either deadline destroys your claim. A passenger train accident lawyer ensures compliance with both requirements.
Can I sue DART if I was partially at fault for the accident?
Yes. Texas comparative fault law allows recovery as long as you’re not more than 50% responsible. If you’re found 40% at fault and DART is 60% at fault, you can recover 60% of your damages from DART (subject to governmental immunity caps).
What if the train had no horn or the warning signals didn’t work?
Signal malfunctions and failure to sound horns create strong liability claims against the transit authority. You must prove the malfunction through crossing signal records or witness testimony. Event recorders on trains document horn activation, providing objective evidence.
Are there any exceptions to the damage caps for governmental entities?
No. The $250,000 per person and $500,000 per occurrence caps apply to all claims against DART and Trinity Metro. However, these caps don’t limit recovery from other liable parties such as contractors, other drivers, or vehicle manufacturers who may share responsibility.
What if DART says the crossing didn’t require warning gates?
Not all crossings require active warning devices. Lower-traffic crossings may have only crossbuck signs. However, the decision about whether to install signals is typically a protected policy decision under governmental immunity. You generally cannot challenge the decision not to install signals, but you can challenge negligent maintenance of whatever warning devices are present.
Get Help from an Experienced Passenger Train Accident Lawyer
DART and Trinity Railway Express accidents involve complex legal issues that require specialized expertise in governmental immunity law, federal railroad regulations, and catastrophic injury litigation. Transit authorities have teams of lawyers protecting their interests from the moment accidents occur. You need equally experienced representation to protect your rights and maximize your recovery.
Varghese Summersett’s personal injury team has the knowledge and resources to handle complex passenger train accident cases against governmental entities. We understand the procedural requirements for suing DART and Trinity Metro, including the critical six-month notice deadline and immunity limitations that can destroy claims if not handled properly. Our attorneys work with leading accident reconstruction experts, railroad operations specialists, and crossing design professionals who provide credible testimony in these technically complex cases.
We handle passenger train accident cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you. We advance all costs of investigation and expert analysis, so financial concerns don’t prevent you from pursuing the full compensation you deserve.
If you or a loved one was injured in a collision with a DART train, Trinity Railway Express, METRORail, CapMetro, or any other passenger train in Texas, contact Varghese Summersett today. Call our Fort Worth, Dallas, Houston, or Southlake office at 817-203-2220 for a free consultation. We’ll evaluate your case, explain your legal options, and ensure you meet all deadlines for pursuing compensation. Don’t let governmental immunity rules or insurance company tactics prevent you from recovering the damages you’re entitled to. Let our experience work for you.
