Find a train accident lawyer in Midland: crossings, train data and deadlines
Union Pacific runs the line through Midland, and the federal crossing inventory lists 31 open public crossings in the county. A railroad must keep the train's event recorder data only 1 year after a reportable accident. A train crash suit generally has to be filed within 2 years.
Last checked November 9, 2026 · Official sources (31)
Which railroad crossings in Midland have gates?
Most main crossings do, but not all. The Federal Railroad Administration inventory lists 31 open public crossings on the Union Pacific line in Midland County. The numbers below are what the railroad reported to the FRA, so they can be out of date.
| Crossing | Gate arms | Through trains reported |
|---|---|---|
| Midkiff Road | 4 | 11 daytime and 10 nighttime |
| South Garfield Street (SH 58) | 2 | 11 daytime and 10 nighttime |
| Big Spring Street | 0 | No gate arms listed |
Big Spring Street is also a local truck route on the city map. A crossing without gates on a truck route is worth photographing if you were hurt there.
Has there been a serious train crash in Midland before?
Yes. On November 15, 2012, a freight train struck a parade float in Midland, and the NTSB opened an investigation. Four float passengers were killed.
The NTSB said the city and the parade organizer failed to identify and reduce the risks of routing a parade over a rail crossing. It also found that police could not tell a train had taken over the traffic signal sequence at South Garfield and West Front. The case shows that a crossing crash can involve city planning and signals, not only the train.
What should I do after a train crash in Midland?
- Call 911 and stay away from the tracks. Another train can follow.
- Write down the blue sign number at the crossing and the railroad name.
- Get care at an emergency room such as Midland Memorial's, a Level 3 adult trauma center.
- Ask for the crash report. Midland Police Records is at 601 N. Loraine, (432) 685-7145. TxDOT charges $6 for a crash report ordered online.
- Have a lawyer send a letter asking the railroad to keep the event recorder data, video and crossing signal records.
- If a city street, signal or sightline played a part, send written notice to the City of Midland within 60 days.
Who pays after a train accident in Midland?
| Who | When they may owe you | Deadline or rule |
|---|---|---|
| The railroad | Crew or maintenance errors, blocked sightlines, broken signals | 2 years to sue. Federal law can block some claims about warning devices paid with federal funds and about train speed. |
| A truck or car driver | A driver who stopped on the tracks or ignored the gates | 2 years. More than 50 percent at fault bars recovery. |
| City of Midland | A street, signal or sightline problem | 60 days in writing to the mayor and city council. Risk Management: 432-685-7246. |
| A railroad employer | You work for the railroad | Federal law covers railroad workers, with a 3 year deadline. |
Federal law did not wipe out every state damage claim. Some suits that allege a railroad failed to follow its own rules can still go forward.
What if I was walking on the tracks in Midland?
It makes a claim harder, not impossible. Walking on railroad property anywhere but a designated crossing is illegal. Texas says a property owner owes a trespasser a duty not to injure them willfully, wantonly or through gross negligence. Nationally, trespassing is the leading cause of rail-related deaths.
Questions
Who investigates a crossing crash in Midland?
Midland Police take the crash report inside the city, and deputies cover the rest of the county. Serious cases may also draw federal investigators, as the 2012 parade crash did.
Can I get the train's black box data?
Not on your own. The railroad has the data and must preserve it after a reportable accident, but only for 1 year unless the FRA or NTSB asks for more.
How do I report an unsafe crossing in Midland?
Use the number on the blue sign at the crossing. For a city street problem, the city's SeeClickFix 311 program lets you report it and track it.
Train accident in Midland? See if you are owed money.
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See if I’m owed moneySources (31)
- Federal Railroad Administration, Crossing Inventory (Form 71), checked 2026-11-09. “{"crossingclosed":"No","reportstatus":"Published","railroadname":"Union Pacific Railroad Company","crossingtype":"Public","count":"31"}”
- 49 CFR 229.135, checked 2026-11-09. “This preservation requirement shall expire one (1) year after the date of the accident”
- Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
- 49 CFR Part 234, Subpart E, checked 2026-11-09. “display the information necessary for the public to report an unsafe condition”
- 49 CFR 229.135, checked 2026-11-09. “preserve the data recorded by each such device for analysis by FRA”
- Federal Railroad Administration, Crossing Inventory (Form 71), checked 2026-11-09. “{"street":"bs0349 / Big Springs Street","highwayname":"BS0349","innear":"In","cityname":"MIDLAND","countroadwaygatearms":"0"”
- City of Midland Charter, Sec. 8, checked 2026-11-08. “duly verified within sixty days after the same has been sustained”
- Federal Railroad Administration, Crossing Inventory (Form 71), checked 2026-11-09. “{"street":"MIDKIFF ROAD","highwayname":"lS0000","innear":"In","cityname":"MIDLAND","countroadwaygatearms":"4","numberpassengertrainperday":"0","totaldaylightthrutrains":"11","totalnighttimethrutrains":"10"}”
- Federal Railroad Administration, Crossing Inventory (Form 71), checked 2026-11-09. “{"street":"sh0058 / SOUTH GARFIELD STREET","highwayname":"SH0058","innear":"In","cityname":"MIDLAND","countroadwaygatearms":"2","numberpassengertrainperday":"0","totaldaylightthrutrains":"11","totalnighttimethrutrains":"10"}”
- City of Midland, Truck Routes map, checked 2026-11-08. “Local Truck Route”
- NTSB docket HWY13MH003, checked 2026-11-09. “struck by an east bound freight train in Midland, Texas”
- NTSB report NTSB/HAR-13/02, checked 2026-11-09. “As a result of the collision, four float passengers were killed.”
- NTSB report NTSB/HAR-13/02, checked 2026-11-09. “to identify and mitigate the risks associated with routing a parade through a highway–railroad grade crossing”
- NTSB report NTSB/HAR-13/02, checked 2026-11-09. “the lack of traffic signal cues to indicate to law enforcement that an approaching train had preempted the normal highway traffic signal sequence”
- Midland Health, Our Services, checked 2026-11-08. “is a Level 3 Adult Trauma Center”
- Midland Police Department, Request A Police Report, checked 2026-11-08. “MPD Records Phone: (432) 685-7145 Address: 601 N. Loraine”
- TxDOT, Crash reports and records, checked 2026-11-08. “TxDOT is the custodian of crash records for the state of Texas”
- TxDOT, Crash reports and records, checked 2026-11-08. “$6 for a regular copy. $8 for a certified copy”
- 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”
- 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”
- City of Midland Charter, Sec. 8, checked 2026-11-08. “shall give the mayor and city council notice in writing of such injury”
- City of Midland, Process for Filing a Claim, checked 2026-11-08. “Risk Management Division City of Midland PO Box 1152 Midland, TX 79702”
- 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”
- 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.”
- 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”
- 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”
- Federal Railroad Administration, checked 2026-11-09. “Trespassing is the leading cause of rail-related deaths in the United States.”
- Midland County Sheriff, Patrol Division, checked 2026-11-08. “patrol all 902 square miles of Midland County”
- City of Midland, Report an Issue, checked 2026-11-08. “SeeClickFix is our new 311 program that provides you with report tracking capabilities”