Texas Railroad Accident Lawyers
Trains are the heaviest things on the rails — and on the road. When they cause harm, the cases are complex. We know them.
Why Families Across Texas Trust Patterson Law Group
Railroad cases sit at the intersection of state personal injury law, the Federal Employers' Liability Act (FELA), Federal Railroad Administration regulations, and the carefully-lawyered defense teams that every major rail carrier keeps on retainer. These are not ordinary cases, and they do not get handled well by lawyers who only see one a decade.
Patterson Law Group has more than 30 years of personal injury trial experience, including cases against rail carriers and at crossing accidents. We move fast on evidence — black box (event recorder) data, crossing-signal logs, and conductor statements all need to be preserved within days. The consultation is free. We work on a contingency fee.
If you're a railroad worker injured on the job, or a driver or pedestrian struck at a crossing, or a family who lost someone in a train incident — call us.
Offices in Fort Worth, Arlington, and San Antonio. Every case is taken on a contingency fee — no recovery, no fee.
Railroad Cases We Handle
Railroad cases include both public crossing incidents and injuries to railroad workers themselves:
Texas & Federal Railroad Law
Crossing cases involve a combination of Texas negligence law, Federal Railroad Administration (FRA) regulations on crossing warning devices, and federal preemption doctrines that limit certain state-law claims. Determining what's preempted and what isn't requires lawyers familiar with the doctrine.
Railroad worker injuries are not workers' compensation cases — they're FELA cases under 45 U.S.C. §51 et seq. FELA requires proof that the railroad's negligence played 'any part, even the slightest' in causing the injury — a much lower causation standard than ordinary negligence. FELA also bars assumption-of-the-risk defenses and limits comparative fault defenses.
Statute of limitations for FELA cases is three years (45 U.S.C. §56). For Texas crossing cases involving the public, the general two-year personal injury deadline applies (CPRC §16.003).
How We Work With You
Our process is simple. You focus on your recovery. We handle everything else.
- 1 Call us. Tell us what happened. Free, confidential, no obligation. We'll give you an honest answer about whether you have a case.
- 2 We investigate. Police reports, surveillance footage, medical records, witness statements, expert consultations. We build the case the right way from day one.
- 3 You focus on healing. We handle every insurance call, every demand, every negotiation. If they refuse to pay fairly, we take them to trial.
Local Offices & City Pages
Patterson Law Group serves all injured Texans from our physical offices in Fort Worth, Arlington, and San Antonio. For city-specific information on this practice area:
How this complements existing sections
The Astro page currently uses the standard 8-H2 template. The sections below are additive and sit between the existing "Texas Railroad Accident Law" block and the existing "How We Work" block. No duplication of existing FAQ items.
Tone: confident, plainspoken, Texas-led. No fabricated case results, testimonials, or statistics. All federal statute and CFR citations verified.
Two Different Kinds of Railroad Cases — And Why They Matter
Railroad injury cases split into two fundamentally different legal frameworks, and the path the case takes depends entirely on who got hurt. Confusing the two is the most common mistake non-specialist firms make.
Railroad worker cases — FELA. The Federal Employers' Liability Act, 45 U.S.C. §§ 51–60, governs injury claims by railroad workers against their railroad employer. FELA replaced state workers' compensation for railroad employees in 1908 and works on a fault-based liability standard rather than a no-fault comp system. A FELA plaintiff must prove the railroad's negligence — even slight negligence — caused or contributed to the injury. The causation standard is famously plaintiff-friendly: "in whole or in part." Comparative negligence applies, but it does not bar recovery; the plaintiff's recovery is reduced by their fault percentage even at 99%. FELA cases can be filed in state or federal court at the worker's election, and the statute of limitations is three years from the date of injury (or occupational disease discovery). Common FELA injuries include cumulative trauma from years of switching, repetitive-stress injuries, slip-and-falls in yards, switch-related trauma, exposure to diesel exhaust, asbestos, silica, and chemical solvents.
Non-worker cases — crossing accidents, trespasser strikes, passenger injuries. When a member of the public is struck by a train at a grade crossing, injured as a passenger on a commuter or transit rail line, or hurt by a railroad-operated facility, Texas state tort law applies. The framework is ordinary negligence, modified comparative fault under §33.001, two-year statute of limitations under §16.003. Federal preemption issues — particularly under the Federal Railroad Safety Act — can affect specific claims (like inadequate-warning-device claims at federally funded crossings), but the core case is state-law negligence.
Knowing which framework applies is step one. The evidence, the venues, and the substantive law are different in important ways.
How Railroad Crossing Accidents Happen in Texas
Texas has the most public highway-rail grade crossings of any state. UP, BNSF, KCS/CPKC, Amtrak, DART, TRE, and short-line carriers operate across rural Texas FM roads and urban transit corridors alike. The crash patterns are consistent.
Inadequate warning devices. Texas crossings range from passive — crossbucks, stop or yield signs only — to active, with flashing lights and gate arms. Roughly half of public grade crossings in the U.S. are passive only. A train approaching a passive crossing relies entirely on the driver's lookout and the train horn. Active warning devices that malfunction, that the railroad knew about, or that were never installed despite known accident history can support a state-law negligence claim — although federal preemption issues under the Federal Railroad Safety Act may apply where federal funds paid for the crossing's warning devices.
Train horn and bell failure. Federal rules (49 CFR Part 222 — the Use of Locomotive Horns at Public Highway-Rail Grade Crossings rule) generally require the train to sound its horn beginning at least 15 seconds and not more than 20 seconds before entering the crossing, unless the crossing is in a federally compliant quiet zone. Failure to sound the horn or maintain the bell can support a claim.
Sight distance and vegetation. Federal Railroad Administration regulations (49 CFR Part 213 — Track Safety Standards, and related rules) and Texas vegetation-clearance requirements address sightlines at crossings. A driver who could not see an approaching train because of overgrown vegetation, stored equipment, or new construction may have a viable claim against the railroad or the property owner.
Speed and signal violations. Trains are required to operate at speeds appropriate for the class of track (49 CFR Part 213, classes 1 through 9). Excessive speed for the track class — or for known conditions — is a basis for liability.
Equipment defects. Brake failures, signal-system malfunctions, derailments caused by defective track or rolling stock. Federal rules govern brake inspection (49 CFR Part 215, Part 232), and violations can establish negligence.
Crossings in Tarrant County, Bexar County, and across Texas. The DFW area has hundreds of active and passive crossings, the Alliance and BNSF intermodal facilities concentrate freight traffic, and the TRE and DART commuter lines add transit-rail exposure. San Antonio's Sunset Station area and freight corridors carry similar patterns.
Federal Regulations That Drive Railroad Liability
Railroad operations are pervasively federally regulated, and those federal rules are where most railroad liability theories live. A working knowledge of the regulatory framework is non-negotiable in these cases.
Federal Railroad Administration (FRA) regulations. The FRA's regulations live in 49 CFR Parts 200–299. Key parts: Part 213 (Track Safety Standards), Part 215 (Railroad Freight Car Safety Standards), Part 217 (Operating Rules), Part 219 (Drug and Alcohol Testing), Part 220 (Radio Communications), Part 222 (Use of Locomotive Horns at Crossings), Part 229 (Locomotive Safety Standards), Part 232 (Brake System Safety Standards), Part 234 (Grade Crossing Signal System Safety), Part 240 (Locomotive Engineer Qualification), and Part 242 (Conductor Qualification). Violations are evidence of negligence and, in some courts, negligence per se.
Federal Railroad Safety Act. The FRSA (49 U.S.C. § 20106) sets out the federal preemption framework for state-law railroad regulation. Preemption applies where the Secretary of Transportation has promulgated a covering regulation; otherwise, state law remains in play. The most-litigated preemption questions involve crossing warning devices, train speed, and adequacy of sight distance. Federal funding for crossing improvements can trigger preemption under CSX Transportation v. Easterwood.
Federal Employers' Liability Act (FELA). As discussed above — for railroad worker claims. Per 45 U.S.C. § 53, comparative negligence reduces but does not bar recovery; § 54 limits assumption-of-risk defenses; § 56 makes the statute of limitations three years; § 60 protects workers from retaliation for reporting injuries.
Locomotive Inspection Act and Safety Appliance Act. Pre-FRA federal statutes still in force, imposing strict liability on the railroad for defects in locomotive parts and safety appliances. These statutes can simplify causation in FELA cases.
Texas Railroad Commission jurisdiction note. Despite its name, the Texas Railroad Commission today primarily regulates oil, gas, and pipeline industries — not railroads. Rail regulation in Texas is federal. Some grade-crossing safety functions sit with TxDOT and federal coordination programs.
Investigating a Railroad Accident — Evidence and Experts
Railroad cases are evidence-intensive and time-sensitive. Most of the evidence belongs to the railroad and is governed by federal retention rules. Spoliation letters go out immediately.
Event recorder data. Modern locomotives carry event recorders ("black boxes") that record speed, throttle position, brake application, horn and bell activation, and time-stamped operational data. Federal regulation (49 CFR Part 229) governs locomotive event recorders. Downloading and analyzing that data is one of the first investigative steps.
Locomotive cameras. Many newer locomotives carry forward-facing cameras. Footage is typically preserved by the railroad after an accident, but only if a preservation demand is made promptly.
Track inspection records. Class I railroads inspect track on schedules required by 49 CFR Part 213. Subpoenaing inspection records, maintenance work orders, and prior defect reports is standard.
Signal-system records and warning-device maintenance. Where signal failure is alleged, the railroad's signal-maintainer records, fault logs, and inspection records under Part 234 become central.
Crew records. Engineer and conductor qualification records, hours-of-service records under 49 U.S.C. Chapter 211 (railroad hours of service), post-accident drug and alcohol testing under Part 219, and training records.
Track and crossing reconstruction. A licensed accident reconstructionist with railroad-specific experience measures sight distances, vegetation, signage placement, signal timing, and crossing geometry. Photogrammetry and 3D scanning are common.
FRA accident reports. Railroads are required to report certain accidents to the FRA. Those reports, available through FRA's public databases, can establish the railroad's prior knowledge of crossing safety issues.
Experts. Railroad operations experts (often former rail engineers, conductors, or trainmasters), human factors specialists for driver perception-reaction analysis at crossings, biomechanical engineers for injury causation, and economists and life care planners for damages.
Common Injuries and Damages in Railroad Cases
Train collisions and railroad-worker injuries sit at the catastrophic end of the personal-injury spectrum. Mass, momentum, and the work environment combine to produce some of the worst injuries we see.
Crossing-accident injuries. A freight train can weigh more than 15,000 tons. A passenger car or pickup truck struck at a crossing is rarely just damaged — it is destroyed. Survivors typically suffer multi-system polytrauma: TBI, spinal cord injury, internal organ damage, pelvic and long-bone fractures, traumatic amputation, and severe burns from post-crash fires. Wrongful death is common in crossing crashes.
FELA worker injuries. Acute trauma — falls from rolling stock, struck-by-equipment, slip-and-falls in yards — plus a category of cumulative trauma and occupational disease unique to railroading. Knee and hip degeneration from years of dismounting locomotives, lumbar disc disease from constant vibration, hearing loss from locomotive and yard noise, and occupational exposures to diesel exhaust, asbestos (in older equipment), silica, and chemical solvents are FELA-recoverable when negligence is shown.
Damages. Under Texas state-law negligence cases, economic damages, non-economic damages, and exemplary damages (§§41.003 and 41.008) apply, with the §41.0105 paid-or-incurred rule and §33.001 modified comparative fault. Wrongful death is under Chapter 71. Under FELA, damages include past and future lost wages and loss of earning capacity, past and future medical expenses, pain and suffering, mental anguish, and physical impairment. Punitive damages are generally not available under FELA, but the broad causation standard and lack of damages caps often produce substantial recoveries.
What to Do After a Railroad Accident or Worker Injury
Railroad cases are not cases to wait on. Evidence retention windows are short and the railroad's claims agents move fast.
Get medical attention. Even apparent "minor" injuries from train impact or rail-yard incidents can mask serious internal trauma. Get the full ER work-up.
Report the injury (railroad workers). FELA workers must report the injury to the railroad. Reporting triggers post-accident testing under 49 CFR Part 219 and starts the railroad's claims process. Reporting is required; signing things the claims agent puts in front of you is not.
Do not give a recorded statement to the railroad's claims agent. Railroad claims agents are skilled, friendly, and not on your side. Politely decline. Refer them to your attorney.
Do not sign medical authorizations or releases. Railroads will seek blanket access to your records. Do not give it.
Preserve everything. Photographs of the crossing, the locomotive, the vehicle, the scene, the injuries. Names of witnesses. Any video from your own dashcam or doorbell cameras nearby.
Get the FRA-required reports. Significant crossing accidents are subject to FRA reporting. Those reports are public after a delay.
Call a firm that handles FELA and railroad cases. Most personal injury firms do not. Ask whether the firm has tried railroad cases, whether they handle FELA matters, and whether they have railroad-operations experts they have worked with.
Call Patterson Law Group. Free consultation. Contingency fee — no fee unless we recover. (817) 784-2000. Offices in Fort Worth, Arlington, and San Antonio. Se Habla Español.
Frequently Asked Questions
What is FELA and how is it different from workers' comp?
The Federal Employers' Liability Act (45 U.S.C. §51) is the exclusive remedy for railroad workers injured on the job. Unlike workers' comp, FELA is fault-based — but the causation standard is extraordinarily low: the railroad's negligence need only have played 'any part, even the slightest' in causing the injury. FELA recoveries are typically much larger than workers' comp benefits.
How long do I have to file a railroad accident case?
FELA cases (for railroad workers) have a three-year deadline under 45 U.S.C. §56. General Texas railroad-crossing cases follow the two-year personal injury statute under CPRC §16.003. Federal preemption issues can complicate timing — call us early.
Can I sue a railroad for a crossing accident?
Yes, in many cases. Crossings without active warning devices, with obstructed sightlines, or with malfunctioning gates and signals can support negligence claims against the railroad. Federal preemption limits some claims (particularly regarding signal selection at federally-funded crossings), but does not bar most cases.
Are train accident cases really 'preempted' by federal law?
Some claims are, some aren't. Federal law preempts certain negligence theories (e.g., adequacy of warning device choice at federally-funded crossings), but most state-law negligence claims — sightlines, vegetation, train speed where local ordinances apply, employee conduct — survive preemption. The analysis is fact-specific and worth a careful lawyer.
What damages can I recover in a Texas railroad case?
Past and future medical bills, lost wages and earning capacity, pain and suffering, mental anguish, physical impairment, and in FELA cases, the full range of negligence damages. Exemplary damages are available in some crossing cases involving gross negligence.
How are Texas railroad crossing cases different from car-car cases?
Federal Railroad Administration regulations preempt parts of Texas tort law. Crossing-warning-device adequacy claims, train speed claims, and crew-conduct claims may be preempted depending on whether federal funding paid for the crossing's warning devices. The cases that succeed identify the specific theory of negligence that survives preemption — typically failure to maintain warning devices in working order, failure to sound the horn at the crossing whistle post, or failure to maintain adequate sightlines under §471.007.
Are railroad employees covered by the same workers' comp system as other Texas employees?
No. Railroad-worker injuries are governed by the Federal Employers Liability Act (FELA), not Texas workers' comp. FELA is a fault-based system that allows substantially larger recoveries than state workers' comp because the worker can pursue actual damages — pain and suffering, full lost earnings, full life-care costs. FELA claims are brought against the railroad employer (BNSF, Union Pacific, Kansas City Southern, and other Class I carriers, plus regional and shortline railroads).
What evidence do we preserve in a Texas railroad case?
Locomotive event-recorder data (the train's 'black box'). Crew radio logs and dispatch recordings. Crossing-warning-device maintenance records. Survey of the crossing — sightlines, warning-device placement, vegetation obstructing the crossing. FRA accident reports. Eyewitness statements before they fade. Photographs of the wreckage, taken before the railroad clears the right-of-way (which they do fast).
What injuries do Texas railroad cases produce?
Train-vehicle collisions at unprotected crossings are catastrophic by mechanism — the train mass and speed make survivable impact rare. Crush injuries, traumatic amputation, severe burns from fuel ignition, and fatality are the outcomes we see. Railroad-worker cases produce both acute injuries (falls from height, equipment crush) and chronic-exposure injuries (asbestos, diesel exhaust, repetitive-stress).
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