Find a train accident lawyer in El Paso: crossings, freight lines and the streetcar
Union Pacific, BNSF and Texas Pacifico run the main rail lines around El Paso. Texas gives you 2 years to sue. A railroad worker has 3 years under FELA. The streetcar is different: Sun Metro is a city department, so sworn notice to the Mayor is due within 90 days.
Last checked November 9, 2026 · Official sources (34)
Which trains run through El Paso, and who is responsible?
| What hit you | Who runs it | Your first deadline |
|---|---|---|
| Freight train | Union Pacific, BNSF or Texas Pacifico | 2 years to sue in Texas |
| Amtrak's Sunset Limited | Amtrak, stopping at Union Depot three days a week | 2 years to sue in Texas. Check your ticket: a U.S. senator's office says Amtrak terms have reached injury claims since 2019 |
| El Paso Streetcar | Sun Metro, part of the City of El Paso | 90 days for sworn notice |
| A railroad job | Your employer railroad | 3 years under FELA |
Rail runs across the border here as well. TxDOT counts nine border crossings in the El Paso area, and two are for trains. If a Mexican railroad's cars were part of your crash, tell your lawyer. It can change who gets named.
What if the El Paso Streetcar hit you downtown or near UTEP?
The streetcar runs on 4.8 miles of track with 27 stops. Sun Metro warns that no fences separate people from it, and that it cannot swerve or stop abruptly in traffic. That does not excuse a careless operator. It does mean investigators will look closely at signals, speed and where you were.
A streetcar is a city vehicle, so your claim goes through the same notice as any city crash. Swear to the notice, send it to the Office of the Mayor, and give the date, time, place, witnesses and doctors. Texas caps a city's payment at $250,000 per person. Ask Sun Metro at (915) 212-3333 to save the streetcar's video today.
Who is at fault for a train crash at an El Paso rail crossing?
It depends on what the crossing had. TxDOT counts 153 public street-level crossings in its El Paso District, and about 54% are in the urban area. A planned project lists signals, arms and walking paths at 18 crossings along Doniphan Drive. The status is listed as future, so do not assume those are in place today.
Federal law can get in the way. If federal money paid for the warning devices at that crossing, state claims about those devices may be blocked. Other claims, for example a railroad that broke a federal safety rule, are kept alive by Congress. This is why you need the crossing's history before you decide what to claim.
- Photograph the blue and white sign at the crossing. Its number identifies the exact spot.
- Report any broken arm or signal using that number. It helps the next person and creates a record.
- Ask police for the report. EPPD's costs $6, and the Sheriff's is also $6.
- Ask a lawyer to demand the train's data early. Railroads must preserve it after a reportable accident, but that duty ends after 1 year unless federal investigators ask for more.
What if you are a railroad worker hurt on the job in El Paso?
Railroad workers are not under regular workers' comp. Federal law makes the railroad liable to injured employees, when its negligence caused the injury in whole or in part. You need to show fault, but it can be a small part of what happened. You have 3 years. Report your injury in writing, get a copy and see your own doctor.
What if someone was hurt walking on the tracks in El Paso?
This is hard, and we are sorry if it brought you here. Federal officials say it is illegal to be on railroad property away from a proper crossing. A railroad's duty to a trespasser in Texas is only to not injure them on purpose or through gross negligence.
That sets a high bar, though it is not always the end. A known path with no fence, or a child, can change the analysis, so ask before giving up.
What should you ask a train accident lawyer in El Paso?
- Have you handled FELA cases or crossing cases against Union Pacific or BNSF?
- Will you ask for the train's event recorder and crew records this week?
- Was federal money used for the warning devices at my crossing?
- If this was the streetcar, can you get the sworn notice done before the 90 days end?
- How will Texas's 50 percent shared fault rule affect me?
Questions
How long do I have to sue a railroad in El Paso?
Generally 2 years if you are not a railroad employee. Railroad workers have 3 years.
Is the El Paso Streetcar run by the city?
Yes. Sun Metro runs it, and Sun Metro is the city's Mass Transit Department. Notice is due within 90 days.
Can I report a broken crossing arm in El Paso?
Yes. TxDOT says to use the number on the blue and white sign at the crossing.
Who investigates a train crash in El Paso?
Police or the Sheriff usually write a crash report. Federal investigators may also get involved in a major crash.
Train accident in El Paso? See if you are owed money.
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See if I’m owed moneySources (34)
- TxDOT El Paso Multimodal Study, checked 2026-11-09. “Three primary railroad operators exist within the Study Area, including Union Pacific, Texas Pacifico, and BNSF.”
- Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
- 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.”
- Sun Metro Suspension of Service Policy, checked 2026-11-08. “the City of El Paso's Mass Transit Department (Sun Metro)”
- City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “shall within 90 days or within 6 months for good cause shown from the date the damage occurred or the injury was received, give notice in writing to the mayor”
- City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “shall be sworn to by the person claiming damages or by someone authorized by him to do so on his behalf”
- TxDOT, checked 2026-11-09. “Locate the blue and white ENS sign at the nearest railroad crossing.”
- 49 CFR 229.135, checked 2026-11-09. “preserve the data recorded by each such device for analysis by FRA”
- 49 CFR 229.135, checked 2026-11-09. “This preservation requirement shall expire one (1) year after the date of the accident”
- 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”
- Amtrak, checked 2026-11-09. “El Paso, TX - Union Depot (ELP)”
- TxDOT El Paso Multimodal Study, checked 2026-11-09. “The Sunset Limited line operates three days a week.”
- 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”
- Sun Metro, checked 2026-11-09. “Sun Metro will resume regular service for the El Paso Streetcar”
- TxDOT Border Region Connectivity Plan, checked 2026-11-09. “The El Paso border crossing area has nine border crossings, of which two are rail crossings.”
- Sun Metro, checked 2026-11-09. “The project began with the construction of 4.8 miles of track, 27 stops”
- Sun Metro, checked 2026-11-09. “There are no fences or barriers that separate you and the streetcar.”
- Sun Metro, checked 2026-11-09. “Streetcars cannot move off the tracks to avoid obstacles and cannot make abrupt stops in traffic.”
- City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “Office of the Mayor P.O. Box 1890 El Paso, Texas, 79950”
- City of El Paso City Attorney, Filing a Claim, checked 2026-11-08. “the name of the doctors, if any, to whose care the injured person is committed”
- Tex. Civ. Prac. & Rem. Code § 101.023, checked 2026-11-09. “Liability of a municipality under this chapter is limited to money damages in a maximum amount of $250,000 for each person”
- Sun Metro, Safety & Security, checked 2026-11-08. “customer service line at (915)212.3333”
- TxDOT El Paso Multimodal Study, checked 2026-11-09. “The El Paso District contains 153 total at-grade crossings on public rights of way with roughly 54% located in the Urban context area”
- El Paso MPO, checked 2026-11-09. “at a total of 18 crossings within the County of El Paso”
- 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”
- 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”
- El Paso Police Department, Records & Reports, checked 2026-11-08. “Accident or Crash Reports $6.00”
- El Paso County Sheriff, Criminal / Accident Reports, checked 2026-11-08. “Crash Reports - $6.00”
- 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”
- Federal Railroad Administration, checked 2026-11-09. “It is illegal to access private railroad property anywhere other than a designated pedestrian or roadway crossing.”
- 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”
- Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-08. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”
- El Paso Police Department, Records & Reports, checked 2026-11-08. “The EPPD Records Division provides access to official reports, including accident, incident, and offense records”
- El Paso County Sheriff, Traffic Section, checked 2026-11-08. “minor accident investigations to accidents involving serious injuries and death”