Find a train accident lawyer in McAllen: freight lines, crossings and evidence
The rail line we could confirm in McAllen is freight: a Rio Valley Switching Company branch running from McAllen to Edinburg. After a crossing crash, call 911, then ask the railroad to keep its event recorder data. Texas gives you two years to sue. A city or transit claim needs notice in six months.
Last checked November 9, 2026 · Official sources (27)
What trains run through McAllen?
Freight trains, as far as we could confirm. Union Pacific lists a branch of Rio Valley Switching Company that runs from McAllen to Edinburg for 12.8 miles. Another branch runs from Mission to Hidalgo for 8.1 miles. Union Pacific says local traffic includes paper, lumber, plastics, steel, cement and canned goods.
We could not confirm a list of the crossings inside McAllen, and we did not find passenger service. At any crossing, a small blue sign lists the railroad's phone number and the crossing number. Photograph it. That number lets a lawyer pull the federal record for that crossing.
Nationwide, crossings see more than 2,000 incidents and 200 deaths a year. Walking on tracks is illegal outside a designated crossing.
Can a train block a crossing in McAllen as long as it wants?
Under Texas law, nobody can enforce a time limit. TxDOT says states lack authority to set time limits on how long a railroad can block a crossing. If you are stuck and it is an emergency, call 911. Otherwise you can report the blocked crossing to the Federal Railroad Administration.
A blocked crossing matters after a crash too. If an ambulance was delayed or a driver took an unsafe detour, write down the time and place. Federal rules also require crossing signs that tell people how to report unsafe conditions.
What records should I save after a train crash in McAllen?
| Record | What the rule says | Source |
|---|---|---|
| Event recorder data | The railroad must preserve it after a reportable accident | |
| How long | One year after the accident, unless FRA or NTSB asks for more | |
| Crossing number | Posted on the blue sign at the crossing | |
| Police report | McAllen Police non-emergency line, (956) 681-2000 |
Nothing here stops you from sending a written request to the railroad right away. Name the date, the crossing number and the train if you know it, and ask it to keep recorder data, video and dispatch logs.
Who can I sue after a train hits a car or a person near McAllen?
The railroad, and sometimes the road owner. But federal law narrows some claims. Claims about warning devices paid for with federal money can be pre-empted, and so can claims that a train was going too fast. Congress did keep some state-law damage claims alive.
That is why the facts about the crossing matter. Were lights and gates working? Was a vehicle stopped on the track? Was the view blocked? A lawyer reads those facts against the pre-emption rules.
If a trespasser is hurt, a Texas owner owes a duty to avoid willful, wanton or grossly negligent injury. If the claim is against a city, the local limit is $100,000 per person and $300,000 per crash.
Where do I go for care after a train accident in McAllen, and who do I tell?
Serious injuries go to a Level I trauma center. South Texas Health System McAllen is one. DHR Health in Edinburg is another. For crashes in the county, the Hidalgo County Sheriff is at (956) 383-8114.
- Call 911 and get medical care.
- Photograph the crossing, the signals, the sign and the train, with the date visible.
- Write down the railroad name and any car numbers.
- Send a written preservation letter to the railroad.
- Track your two-year lawsuit date.
Questions
I work for a railroad. Do I have a different deadline?
Yes. Railroad employees use FELA, which has a three-year deadline. FELA makes railroads liable for negligence that caused the injury in whole or in part.
Is trespassing the main cause of rail deaths?
Nationally, yes. Trespass is the leading cause of rail-related deaths, with more than 500 a year.
Does the claim change if a minor was hurt?
The lawsuit clock waits until age 18. A claim against a government still needs notice in six months.
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See if I’m owed moneySources (27)
- Union Pacific, checked 2026-11-09. “A second branch runs from McAllen to Edinburg, TX (12.8 miles).”
- 49 CFR 229.135, checked 2026-11-09. “preserve the data recorded by each such device for analysis by FRA”
- Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
- Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “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”
- TxDOT, checked 2026-11-09. “States lack authority to enforce time limits on how long a railroad company can block a crossing.”
- TxDOT, checked 2026-11-09. “you can report blocked crossings directly to the Federal Railroad Administration (FRA) by visiting their website”
- 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.”
- Union Pacific, checked 2026-11-09. “A branch runs from Mission to Hidalgo, TX (8.1 miles).”
- Union Pacific, checked 2026-11-09. “Traffic includes paper, agricultural products, lumber, bulk plastics, steel, scrap metals, cottonseed, corn sweetener, lime, cement, canned goods, frozen food, and aggregates.”
- 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. “It is illegal to access private railroad property anywhere other than a designated pedestrian or roadway crossing.”
- 49 CFR Part 234, Subpart E, checked 2026-11-09. “display the information necessary for the public to report an unsafe condition”
- City of McAllen Risk Management, Submit a Claim, checked 2026-11-08. “Non-Emergency Police: (956) 681-2000”
- 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”
- 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”
- 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”
- Texas Civil Practice and Remedies Code 101.023, checked 2026-11-09. “liability of a unit of local government under this chapter is limited to money damages in a maximum amount of $100,000 for each person and $300,000 for each single occurrence”
- South Texas Health System McAllen, Trauma Care, checked 2026-11-08. “South Texas Health System McAllen is an ACS-verified Level I Trauma Center”
- DHR Health, Level I Trauma Center, checked 2026-11-08. “The DHR Health Level 1 Trauma Center provides the highest level of trauma care available”
- Hidalgo County Sheriff’s Office, checked 2026-11-08. “711 El Cibolo Rd.”
- 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”
- 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”
- Tex. Civ. Prac. & Rem. Code § 16.001, checked 2026-11-08. “the time of the disability is not included in a limitations period”
- 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.”