Texas Railroad Crossing & FELA Injury Law: Union Pacific, BNSF & Locomotive Event Recorders
Governing Texas Statutes & Controlling Appellate Precedent
45 U.S.C. §§ 51–60 (Federal Employers' Liability Act — FELA for Railroad Workers) Tex. Transp. Code § 471.004 & § 545.251 (Railroad Grade Crossing Warnings & Obedience to Signals) 49 C.F.R. Part 222 (FRA Locomotive Horn Rule — 15-to-20 Second Warning Before Public Crossings) 49 C.F.R. Part 234 (Grade Crossing Signal System Maintenance & Sight-Clearance Rules)
Leading Texas Supreme Court & Appellate Decisions:
- CSX Transportation, Inc. v. McBride, 564 U.S. 685 (2011) (FELA Relaxed Causation Standard)
- Norfolk Southern Railway Co. v. Shanklin, 529 U.S. 344 (2000) (Federal Preemption When Title 23 Funds Used)
Overview of Texas Law & Liability Framework
Texas has more miles of freight railroad track (over 10,500 miles operated by Union Pacific, BNSF Railway, and CPKC) and more highway-rail grade crossings than any other state in America, generating two distinct tracks of litigation: FELA claims for injured railroad employees and grade-crossing collision claims for motorists.
Key Texas Statutory Rules & Liability Standards
- FELA Protects Railroad Employees (45 U.S.C. § 51): Railroad conductors, engineers, brakemen, and maintenance-of-way workers are NOT covered by state workers' compensation; instead, they sue their railroad employer directly in state or federal court under the Federal Employers' Liability Act (FELA), which applies a 3-year statute of limitations (45 U.S.C. § 56), pure comparative negligence (no 51% bar), and the relaxed McBride causation standard ('played any part, even the slightest').
- Federal Preemption of Inadequate-Warning Claims (Shanklin): In motorist grade-crossing crashes, if federal Highway Trust Fund (Title 23) dollars paid for the installation of the crossing's warning devices (whether crossbucks or active gates), federal law preempts state-law tort claims alleging that the warning devices were inadequate—Unless the plaintiff proves the railroad failed to maintain the active signal system under 49 C.F.R. Part 234, failed to sound the locomotive horn under 49 C.F.R. Part 222, or allowed vegetation on the right-of-way to obstruct sightlines.
- Locomotive Event Recorder ('Black Box') & Forward Video: Under 49 C.F.R. § 229.135, every lead locomotive records exact speed, throttle notch, air-brake application, and horn-sequencer activation second-by-second.
Texas Court Procedure, Crash Reporting & Evidentiary Deadlines
Look up every Texas crossing's unique 7-character USDOT National Highway-Rail Crossing Inventory Number (posted on a blue sign at the crossing) to determine federal funding history, quiet-zone status, and prior collision reports.
Compensatory & Exemplary Damages Available Under Texas Law
Under FELA: full past/future wage loss, lost railroad retirement Tier I/Tier II benefits, medical care, and pain/suffering. In Grade-Crossing Tort Suits: wrongful death and catastrophic injury damages under Texas law.
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