Find a train accident lawyer in Austin: Red Line, Amtrak, freight and crossing claims

Your deadline depends on the train. CapMetro runs the Red Line, and as a transit authority it is a governmental unit, so written notice is due in 6 months. Amtrak and freight railroads are private, with 2 years to sue. Railroads must keep event recorder data only 1 year unless FRA or NTSB asks.

Last checked November 9, 2026 · Official sources (32)

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Road map of Austin showing the CapMetro Red Line corridor from downtown Austin north to Leander, and the Amtrak station on North Lamar Boulevard
Railroads must keep train recorder data only 1 year after a crash. Map data © OpenStreetMap contributors.

Which train hurt you in Austin, and who may owe you?

TrainWho runs itWhat it means for a claim
Red Line commuter trainCapMetro, which hires outside companies to run its rail serviceGovernmental unit. Written notice within 6 months.
Amtrak Texas EagleAmtrak, at 250 North Lamar BoulevardPrivate company. Federal passenger cap, printed at $200,000,000 for all passengers in one accident.
Freight trainA freight railroad. CapMetro has a freight operations contract with Austin Western Railroad, LLCPrivate company. 2 years to sue.
You work for the railroadYour employerFELA, with 3 years to sue.

CapMetro counted 162 miles of track for freight and commuter service in a 2021 briefing to the city. That is why a crossing crash can involve more than one company.

Who investigates a train crash at an Austin crossing?

  1. Call 911. For a crash involving CapMetro, the transit police take non-emergency calls at (512) 474-1200.
  2. Find the blue and white sign at the crossing. Use its number to reach the railroad and give the crossing ID.
  3. Photograph the gates, lights, signs and any blocked view. Note whether the horn sounded.
  4. Ask in writing that the railroad keep its event recorder data. It must preserve it after a reportable accident, but that duty ends 1 year later unless FRA or NTSB asks.
  5. Ask CapMetro for records at [email protected] if the Red Line was involved.

Are Austin's Red Line crossings quiet zones?

Most are. A 2021 city briefing counted 86 crossings on the Central Subdivision and said all but six had quiet zone status. The six were Rundberg Lane, Rutland Drive, Braker Lane, Kramer Lane, McNeil in Round Rock and Pleasant Valley Road.

A quiet zone does not stop the horn when a danger is plain. Engineers can still sound it for trespassers, a car blocking the crossing or workers near the tracks. If your crash happened with no horn, tell your lawyer exactly where.

Can you sue over a broken gate or a fast train in Austin?

Sometimes, but federal law narrows it. State claims about federally funded warning devices can be pre-empted, and so can some excessive speed claims. Congress kept other state damage suits alive. This is a question for a lawyer who has handled railroad cases.

Tracks are private property, and walking on them outside a crossing is illegal. If you were hurt there, the railroad's duty is lower: it must avoid willful, wanton or grossly negligent injury.

How long do you have to sue after a train accident in Austin?

  • Freight railroad or Amtrak: 2 years.
  • CapMetro: written notice within 6 months, even if you are a minor.
  • City of Austin land or property: a claim letter within 45 days.
  • Railroad employee: 3 years under FELA.

Texas caps what a local government unit pays at $100,000 per person and $300,000 per occurrence. Whether that cap reaches CapMetro is a question to ask a lawyer early.

Where do train accident victims get care in Austin?

For the most serious injuries, Austin's Level I trauma center is Dell Seton Medical Center at The University of Texas. If someone died, we are sorry. Questions about a death can go to the Travis County Medical Examiner, which investigates unnatural deaths, at (512) 854-9599.

Questions

Do I call 911 or the blue sign number first?

Call 911 for injuries. Use the blue sign number to tell the railroad about the crossing so it can stop trains.

Does Amtrak have a limit on what it pays passengers?

Federal law prints a cap of $200,000,000 for all passengers in one accident combined. It is adjusted for inflation every fifth year.

How busy is the Austin Amtrak station?

Amtrak reports 46,958 riders at the Austin station in fiscal 2025.

How many public crossings does Texas have?

TxDOT says over 9,000 public at-grade crossings, the most of any state.

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Sources (32)

  1. Texas Transportation Code 451.052, checked 2026-11-09. “An authority is a governmental unit under Chapter 101”
  2. 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”
  3. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  4. 49 CFR 229.135, checked 2026-11-09. “This preservation requirement shall expire one (1) year after the date of the accident”
  5. City of Austin records, CapMetro quiet zone briefing, November 2, 2021, checked 2026-11-09. “There are 86 crossings in the commuter Central Subdivision.”
  6. City of Austin records, CapMetro quiet zone briefing, November 2, 2021, checked 2026-11-09. “• Rundberg Lane • Rutland Drive • Braker Lane • Kramer Lane • McNeil (Round Rock) • Pleasant Valley Road”
  7. 49 CFR 229.135, checked 2026-11-09. “preserve the data recorded by each such device for analysis by FRA”
  8. Federal Railroad Administration, Emergency Notification Systems, checked 2026-11-09. “Call for help! Call the railroad’s emergency contact number listed on the ENS sign.”
  9. 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.”
  10. CapMetro, Red Line Improvements, checked 2026-11-09. “The Red Line is a commuter rail service operating Monday through Saturday from downtown Austin through Central and Northwest Austin to the city of Leander.”
  11. CapMetro, FY 2020-2023 Quadrennial Performance Audit, checked 2026-11-09. “Since 2012, CapMetro has contracted with third party service providers to operate all passenger transportation services, including fixed-route, rail and paratransit service.”
  12. Amtrak Great American Stations, Austin, TX (AUS), checked 2026-11-09. “250 North Lamar Boulevard Austin, TX 78703”
  13. 49 U.S.C. 28103, checked 2026-11-09. “shall not exceed $200,000,000”
  14. CapMetro Open Contracts, Contract 137737 Freight Operations, checked 2026-11-09. “Vendor Name | AUSTIN WESTERN RAILROAD, LLC”
  15. City of Austin records, CapMetro quiet zone briefing, November 2, 2021, checked 2026-11-09. “162 miles of total track, freight and commuter operations”
  16. CapMetro, Transit Police, checked 2026-11-08. “Non-emergency? Call (512) 474-1200, email [email protected] or visit the Austin CapMetro Police Department at 8200 Cameron Rd Ste 186A”
  17. CapMetro, Contract 500100, Modification 6, checked 2026-11-09. “Submit a public information request directly to [email protected].”
  18. City of Austin records, CapMetro quiet zone briefing, November 2, 2021, checked 2026-11-09. “Engineers can and will still blow the horns if dangers at the crossing are evident, such as trespassers, cars blocking the crossing or workers and equipment near the Right Of Way.”
  19. 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”
  20. 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”
  21. 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”
  22. Federal Railroad Administration, checked 2026-11-09. “It is illegal to access private railroad property anywhere other than a designated pedestrian or roadway crossing.”
  23. 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”
  24. Martinez v. Val Verde County Hospital District (Tex. 2004), checked 2026-11-09. “The lower courts held that it is not,[2] and we agree.”
  25. City of Austin, File a Claim, checked 2026-11-08. “You must send this letter within 45 days of the incident.”
  26. 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”
  27. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “DELL SETON MEDICAL CENTER AT THE UNIVERSITY OF TEXAS 10/1/2028 O AUSTIN 78701”
  28. Travis County Medical Examiner, FAQ, checked 2026-11-08. “Deaths due to unnatural causes”
  29. Travis County Medical Examiner, FAQ, checked 2026-11-08. “You may also call the Medical Examiner's Office at (512) 854-9599 at any time with any additional questions.”
  30. 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”
  31. Amtrak Great American Stations, Austin, TX (AUS), checked 2026-11-09. “Annual Station Ridership (FY 2025): 46,958”
  32. Texas Department of Transportation, Rail and Traffic Safety 2025-2026, checked 2026-11-09. “over 9,000 public, at-grade crossings”

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