Visitor Question

Train conductor slammed on the brakes, causing me to fall…

Submitted By: Lisa (Houston, TX)

I was boarding a rail train when I fell and was injured. I was going to sit down in one of the seats when the train started, but then the driver of the train suddenly slammed on the breaks. I tried to use my left hand to hold on to the rail on top of the seat to stop my fall, but I could not stop.

The momentum caused me to fall to the ground. My chest was hurting and my lower back was injured from the fall. Does this qualify as an injury claim against the train company or driver? What can I do to pursue this for help with medical bills? Thank you for any information you can provide.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Lisa,

Contact the Metropolitan Transit Authority of Harris County (MTA). Go directly to their website, or call them at (713) 635-4000. Tell them you were injured while riding in one of the rail cars. Be sure to have the date and time your injury occurred. If you have the rail identification number, give them that as well.

Tell the MTA employee you want to file a “tort injury claim.” You will then be required to complete a Report of Injury form and return it to them within ninety (90) days of the injury.

Once you file your claim it will be reviewed by an MTA employee. If the MTA decides to pay your medical bills you should be satisfied. If the MTA denies your claim you may have to retain a personal injury attorney in your area.

If you can find an attorney who will accept your claim, you can be confident he or she will secure a settlement for your medical bills, out of pocket expenses for medications, costs of transportation to and for medical treatment, lost wages, and an amount for your pain and suffering. If you can’t get an attorney to accept your claim, that’s a good indicator your claim may not have merit.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: April 14, 2014

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