Hit by a train or hurt at a railroad crossing in Houston: who is responsible?

Whose trains run through Houston?

Houston is a freight rail hub. According to TxDOT, Port Houston has rail connections to Union Pacific, BNSF and Canadian Pacific Kansas City (CPKC), and the Port Terminal Railroad Association is the port's switching railroad. PTRA's members are the Port of Houston Authority, the Houston Belt & Terminal Railway, Union Pacific, BNSF and Kansas City Southern. The first job in a crossing case is finding out which railroad owned the track and which one ran the train, because they are not always the same company.

The crash report helps. On the CR-3, a train is its own unit (Unit Description code 2), the report has a box for the crossing's number, and code 31 is “failed to stop for train.” Our page on getting your Houston crash report explains how to get it.

What does Texas law require of drivers at a crossing?

Under Transportation Code § 545.251, a driver must stop not closer than 15 feet and not farther than 50 feet from the nearest rail when a signal warns of a train, a gate is down or a flagger signals, a train sounds its horn and is an immediate hazard, or a train is plainly visible and close. The driver must stay stopped until it is safe, and driving around or under a lowered gate is an offense. At crossings with only a crossbuck sign, the driver must yield to a train that is close.

Insurers and railroads lean on this rule. But it is not the end of the analysis. A driver can be pushed onto the tracks by another car, stuck in traffic that backed up over the rails, or misled by signals that never came on. And Texas uses proportionate responsibility: you can still recover if you are 50% or less responsible (Civil Practice and Remedies Code chapter 33).

What does the railroad have to do?

• Sound the horn. Federal rules require the horn at least 15 and no more than 20 seconds before a public crossing, in the pattern long, long, short, long, at 96 to 110 decibels. Trains over 60 mph may not start more than a quarter mile out. Quiet zones can be set up only by a city or county, and horns may still be used in an emergency. A 2026 FRA rule lets an engineer whose train stopped near a crossing use a single blast when entering it.
• Keep the signals working. When a railroad gets a credible report that crossing signals failed, it must promptly investigate and, until repairs, notify its crews and the police and either post a flagger or officer or have each train stop and a crewmember flag traffic (49 C.F.R. §§ 234.103-.105).
• Keep the crossing surface up. TxDOT says the railroad repairs the road surface over the crossties; the city, county or state handles the approaches.
• Follow its own rules. Federal law does not block injury claims that a railroad broke a federal safety standard or its own plan, rule or standard (49 U.S.C. § 20106(b)).

Can I sue over the type of warning at the crossing?

Sometimes not. In Norfolk Southern Railway Co. v. Shanklin, 529 U.S. 344 (2000), the U.S. Supreme Court held that when federal funds helped pay for a crossing's warning devices, federal rules decide whether they were adequate, and a state injury claim saying the crossing needed gates instead of signs, for example, is preempted. That decision is about the adequacy of the devices chosen. Claims about how the train was run, the horn, broken signals, or the railroad not following its own rules are a different question, so we look at the funding history of the crossing and at everything else.

What about blocked crossings and overgrown brush?

Texas once fined railroads for blocking a crossing more than ten minutes (Transportation Code § 471.007), but the Texas Attorney General concluded in Opinion GA-0331 that federal law preempts it, and TxDOT says states can't enforce blocking time limits. A blocked crossing can still be evidence in a crash, and TxDOT says to report blocked crossings to the FRA or to the number on the blue sign at the crossing. For weeds and brush, TxDOT points people to city or county maintenance, or to the railroad for its own right of way. Brush that hid an approaching train is the kind of thing we photograph right away, before it is cut.

The blue sign: report problems and find the crossing number

Every crossing has a blue and white Emergency Notification System sign with the railroad's phone number and the crossing's ID number. If a car is stuck on the tracks or the gates are broken, call that number or 911 and give the crossing number. Take a photo of the sign. That number is how the federal crossing inventory, kept by the FRA's Office of Safety, identifies the crossing's equipment, train traffic and accident history, which we pull.

The evidence is on the train, and it has a clock

Trains going faster than 30 mph must have an event recorder in the lead locomotive, which records speed, braking and horn use. After an accident that must be reported to the FRA, the railroad must preserve that data, but the federal requirement ends one year after the accident unless the FRA or NTSB asks for it (49 C.F.R. § 229.135). Many locomotives also carry cameras. We send the railroad a preservation demand right away for the recorder data, video, dispatch and signal records, and the crew's statements. Don't talk to the railroad's claim agents yourself; after you hire us, we do.

Hit by METRORail?

METRO's Red, Green and Purple light rail lines run on Houston streets, and crashes with cars and pedestrians happen at intersections. METRO is a governmental unit, so these are Tort Claims Act claims: written notice within six months, damages capped at $100,000 per person, and a high duty of care to passengers. We explain those rules in METRO bus and rail claims.

If someone died, or a railroad worker was hurt

Crossing crashes are often fatal. The spouse, children and parents can bring a wrongful death claim, as explained in who can file a wrongful death claim, generally within two years. Railroad employees hurt on the job have a separate federal claim (FELA) that this page does not cover.

Your right to be paid for your injuries in Texas does not depend on your immigration status, and we never ask about it to help you. You talk with Jimmy directly, in English or Spanish, by phone, text, email or video call, and in person when needed, anywhere in the Houston area and across Texas.

Other ways people ask this

Who is responsible when a train hits a car at a crossing in Houston?

It can be the railroad, the driver of the car, another driver who pushed the car onto the tracks, or several of them. Texas divides responsibility by percentage, and you can recover if you are 50% or less at fault.

How far from the tracks do I have to stop in Texas?

Not closer than 15 feet and not farther than 50 feet from the nearest rail, whenever signals, gates, a flagger or an approaching train warn you (Transp. Code § 545.251).

When does a train have to blow its horn?

At least 15 and no more than 20 seconds before a public crossing, in a long-long-short-long pattern, except in a quiet zone set up by the city or county.

Can a train block a crossing in Texas as long as it wants?

Texas's 10-minute blocking law has been found preempted by federal law, so the state can't enforce it. Report blocked crossings to the FRA or the number on the blue sign, and call 911 in an emergency.

What is the blue sign at a railroad crossing?

The Emergency Notification System sign. It shows the railroad's phone number and the crossing's ID number for reporting stuck vehicles, broken signals or other dangers.

Does the train have a black box?

Trains going faster than 30 mph must have an event recorder in the lead locomotive. After a reportable accident the railroad must preserve the data, but only for one year unless the FRA or NTSB asks for it, so we demand it right away.

I was hit by METRORail. Is that a railroad claim?

No. METRO is a governmental unit, so the Texas Tort Claims Act applies: written notice within six months and a $100,000 per person cap.

Authority: Tex. Transp. Code § 545.251 (railroad crossings) · FRA: Train Horn Rule and Quiet Zones · TxDOT Rail Division: frequently asked questions · Norfolk Southern Ry. Co. v. Shanklin, 529 U.S. 344 (2000) · 49 C.F.R. § 229.135 (event recorders) · FRA Office of Safety: highway-rail crossing inventory · Texas Attorney General Opinion GA-0331