Train accident: who pays and which deadline applies to you
Your rights after a train accident depend on who you were. Railroad workers usually claim under FELA and have 3 years. Passengers and drivers hit at crossings usually have 2 years in Arizona or Texas. Transit agencies are different: Arizona requires a claim in 180 days, Texas notice in six months.
Last checked November 9, 2026 · Official sources (25)
Which train accident claim do I have?
Federal data show more than 2,000 incidents and 200 deaths at grade crossings each year. Trespassing is the leading cause of rail-related deaths, with more than 500 a year. The law treats those people very differently.
| Who you were | Usual law | Who may pay |
|---|---|---|
| A railroad worker hurt on the job | FELA, federal law | The railroad, directly |
| An Amtrak passenger | State negligence law, with a federal cap | Amtrak or the track owner, through insurance |
| A commuter or light rail rider | State law and public-agency claim rules | The transit agency |
| A driver hit at a crossing | State law, limited by federal rules on crossings | The railroad, the driver who caused it, or a road agency |
| A walker or trespasser on the tracks | State trespasser rules | Often no one, unless the railroad's conduct was very bad |
| A person near a derailment | State law | The railroad, the car owner or a chemical shipper |
What should I do after a train accident?
- Get medical care. Tell the doctor about head, chest, spine and hearing problems.
- Report it. If you are a passenger, give your name and seat to the crew. If you were at a crossing, call 911.
- Save your ticket, your app record, and any emails from the railroad.
- Photograph the crossing, the warning gates, lights and signals from every direction a driver would come from.
- Look for the emergency reporting panel posted at the crossing and photograph it. It shows the public how to report an unsafe crossing to the railroad.
- Get names of witnesses and of the crew if you can.
- Do not give a recorded statement to a railroad claim agent before getting advice. Railroads have their own claim departments and move quickly.
How does FELA work for railroad workers?
FELA is not workers' compensation. It says a railroad is liable to an employee hurt on the job when the injury results in whole or in part from the railroad's negligence. You must show the railroad did something wrong, but the part it played can be small. In return, you can seek more than a comp claim would pay, such as pain and suffering and full wage loss.
You have 3 years to sue. Railroad supervisors often ask workers to fill out an injury report that same day. Write it carefully and say what caused it. Do not guess or say it was your own fault. Keep a copy.
Can I sue Amtrak or a commuter train?
Yes, but two extra rules apply. First, federal law limits total payments to all passengers from one accident, for all claims, including punitive damages. The figure printed in the statute is $200,000,000, and it is adjusted for inflation every five years. A cap that large matters most after a major derailment.
Second, a 2024 U.S. Senate statement said Amtrak adopted an arbitration policy in 2019 that captures personal injury claims, including wrongful death. That means your case may go to a private arbitrator rather than a jury. We could not read Amtrak's current terms directly, so check the terms for your own ticket. Ask a lawyer whether they apply to you and whether you can still go to court.
Commuter trains, light rail and streetcars are usually run by public agencies. Their claim deadlines are far shorter than the normal time to sue.
Who is at fault for a train crossing accident?
This is where most generic pages stop too soon. Federal law can block some claims entirely.
| Claim | What federal law does |
|---|---|
| The crossing needed gates, lights or better signals | Can be pre-empted if federal money paid for the devices already there |
| The train was going too fast | Can be pre-empted if it was within the federal speed limit |
| The railroad broke a federal rule or its own plan | Congress kept many of these state claims alive |
| Gates or lights failed to work | Often a live claim, because something did not work as required |
| Brush or a parked rail car blocked the view | Depends on the state and the facts |
To know which applies, someone has to find out who paid for the warning devices and what federal rule covered that track. That takes records most people cannot get without help.
What train evidence disappears first?
Locomotives carry event recorders that track speed, braking and throttle. After a reportable accident, the railroad must preserve that data for federal analysis, but that duty ends one year after the accident unless FRA or the safety board asks for it. A preservation letter should go out long before that.
| Proof | Why it can vanish |
|---|---|
| Event recorder data | Federal duty to keep it ends after 1 year |
| Crew phone and radio records | Kept only for a limited time |
| Crossing condition | Brush gets cut and signals get repaired quickly |
| Station or platform video | Often written over within days |
| Your ticket and app records | Hard to find later if your account changes |
I was walking on the tracks: do I have a case?
It is hard. Federal officials say it is illegal to be on railroad property anywhere other than a designated crossing. Arizona says a landowner owes a trespasser only a duty not to cause intentional, wilful or wanton harm.
Texas is similar, with a duty not to injure a trespasser wilfully, wantonly or through gross negligence. If a child was hurt or the crew saw the person and did nothing, ask a lawyer anyway.
What changes for train accidents in Arizona and Texas?
| Rule | Arizona | Texas |
|---|---|---|
| Deadline to sue a private railroad | 2 years | 2 years |
| FELA for railroad workers | 3 years | 3 years |
| Claim against a public transit agency | File within 180 days, sue within 1 year | Notice within 6 months |
| How the transit agency is treated | Check whether it is a public entity before the 180 days run | A transit authority is a governmental unit |
| Possible money limit on government | Ask, because limits can vary | Local government limit is $100,000 per person and $300,000 per occurrence |
If a light rail or streetcar hit you in Phoenix, Tempe, Dallas, Houston or Austin, assume the short public-agency deadline applies until a lawyer tells you otherwise. Which money limit applies to a particular Texas transit agency can be disputed.
How much is a train accident settlement worth?
No official average exists. A claim can include medical care, future care, lost wages, lost ability to work, pain and suffering, and, for families, wrongful death losses. Value depends on the injury, who was at fault, and which caps or defenses apply. Railroad cases often take more than a year because of the records involved. Arbitration may be faster but gives you fewer rights to appeal.
When do I need a train accident lawyer?
Right away if you were badly hurt, lost someone, or work for a railroad. Ask whether they have handled FELA or railroad crossing cases, whether they will send a preservation letter, and how they will find out who paid for the warning devices.
What mistakes hurt train accident claims?
- Assuming railroad worker injuries are workers' compensation claims.
- Giving a recorded statement to a railroad claim agent.
- Missing a 180-day or six-month public-agency deadline.
- Throwing away your ticket and app records.
- Assuming a crossing crash was only the driver's fault.
- Waiting more than a year to ask for event recorder data.
Questions
How long do I have to file a FELA claim?
3 years from the day the claim accrued.
Can you sue Amtrak for an injury?
Possibly, but check your ticket. A 2024 Senate statement says Amtrak's terms reach injury claims through arbitration.
Who pays if a train hits my car at a crossing?
It may be the railroad, another driver or a road agency. Federal law can block some claims about warning devices and speed.
How long does a railroad have to keep event recorder data?
The federal duty to preserve it after a reportable accident ends after 1 year unless FRA or NTSB asks for it.
What is the deadline to sue a transit agency in Texas?
Texas law requires notice within six months, and some cities have shorter charter deadlines.
Train accident? See if you are owed money.
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See if I’m owed moneySources (25)
- 45 U.S.C. 56, checked 2026-11-09. “No action shall be maintained under this chapter unless commenced within three years from the day the cause of action accrued.”
- A.R.S. 12-542, checked 2026-11-09. “there shall be commenced and prosecuted within two years after the cause of action accrues”
- Tex. Civ. Prac. & Rem. Code 16.003, checked 2026-11-09. “not later than two years after the day the cause of action accrues”
- A.R.S. 12-821.01, checked 2026-11-09. “within one hundred eighty days after the cause of action accrues”
- Tex. Civ. Prac. & Rem. Code 101.101, checked 2026-11-09. “not later than six months after the day that the incident giving rise to the claim occurred”
- 49 CFR 229.135, checked 2026-11-09. “This preservation requirement shall expire one (1) year after the date of the accident”
- Norfolk Southern v. Shanklin (U.S. 2000), checked 2026-11-09. “pre-empts state tort claims concerning a railroad's failure to maintain adequate warning devices at crossings where federal funds have participated in the devices' installation”
- Office of U.S. Senator Richard Blumenthal, checked 2026-11-09. “In 2019, Amtrak quietly implemented a broad arbitration agreement and class action waiver policy that captures personal injury claims, including gross negligence and wrongful death”
- Federal Railroad Administration, checked 2026-11-09. “Nationally, more than 2,000 incidents and 200 fatalities at grade crossings occur each year.”
- Federal Railroad Administration, checked 2026-11-09. “Trespassing is the leading cause of rail-related deaths in the United States.”
- Federal Railroad Administration, checked 2026-11-09. “more than 500 trespass fatalities occur each year”
- 45 U.S.C. 51, checked 2026-11-09. “shall be liable in damages to any person suffering injury while he is employed by such carrier”
- 49 U.S.C. 28103, checked 2026-11-09. “shall not exceed $200,000,000”
- 49 CFR Part 234, Subpart E, checked 2026-11-09. “display the information necessary for the public to report an unsafe condition”
- 45 U.S.C. 51, checked 2026-11-09. “resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier”
- 49 U.S.C. 28103 note, checked 2026-11-09. “Every fifth year after the date of enactment of this Act, the Secretary shall adjust such liability cap”
- CSX v. Easterwood (U.S. 1993), checked 2026-11-09. “only insofar as it asserts that CSX's train was traveling at an excessive speed”
- 49 U.S.C. 20106, checked 2026-11-09. “Nothing in this section shall be construed to preempt an action under State law seeking damages for personal injury, death, or property damage alleging that a party”
- 49 CFR 229.135, checked 2026-11-09. “preserve the data recorded by each such device for analysis by FRA”
- Federal Railroad Administration, checked 2026-11-09. “It is illegal to access private railroad property anywhere other than a designated pedestrian or roadway crossing.”
- A.R.S. 12-557, checked 2026-11-09. “does not owe a duty of care to a trespasser except to refrain from causing intentional, wilful or wanton injury”
- Tex. Civ. Prac. & Rem. Code 75.007, checked 2026-11-09. “owes a duty to refrain from injuring a trespasser wilfully, wantonly, or through gross negligence”
- A.R.S. 12-821, checked 2026-11-09. “shall be brought within one year after the cause of action accrues”
- Tex. Transp. Code ch. 452, checked 2026-11-09. “An authority is a governmental unit under Chapter 101”
- Tex. Civ. Prac. & Rem. Code 101.023, checked 2026-11-09. “$100,000 for each person and $300,000 for each single occurrence for bodily injury or death”