Overview
Railroad accidents produce some of the most catastrophic injuries in personal injury law. A loaded freight train can weigh over 12,000 tons and requires more than a mile to stop from highway speed. When a train strikes a vehicle, a pedestrian, or derails, the results are devastating.
Railroad litigation is also uniquely complex. Federal law overlays state law at every turn. Railroad workers have their own federal cause of action under FELA. Grade crossing cases involve both the railroad and the government entity. And passenger rail cases trigger the common carrier duty and government claims procedures. This page covers what you need to know for each type of railroad accident.
Federal Preemption
The Federal Railroad Safety Act (49 USC 20101) is the threshold issue in virtually every railroad case. It preempts state laws that cover the same subject matter as an FRSA regulation. But the FRSA savings clause (49 USC 20106(b)) expressly preserves state tort claims — you can still sue a railroad for negligence under state law.
The key question is whether your specific claim conflicts with a federal regulation. For example, the adequacy of warning devices at a grade crossing may be preempted if the devices were installed with federal funding. But claims for excessive speed, failure to sound the horn, obstructed sight lines, and negligent train operation typically survive preemption.
FELA — Railroad Worker Claims
The Federal Employers' Liability Act (45 USC 51-60) provides railroad workers with a federal cause of action against their employer. FELA replaces workers' compensation for railroad employees — and it is far more favorable.
| FELA Feature | What It Means for You |
|---|---|
| Reduced causation | The railroad is liable if its negligence played any part, even the slightest, in causing your injury |
| No comparative fault bar | Your own negligence reduces but never eliminates your recovery |
| Assumption of risk abolished | The railroad cannot argue you assumed the risk of dangerous conditions |
| No damages cap | No limit on economic or non-economic damages |
| Jury trial right | Absolute right to a jury; cases can be filed in state or federal court |
| Three-year statute | Three years to file — longer than the standard two-year PI deadline |
Common FELA claims include track and roadbed defects, equipment failures, excessive work hours and fatigue, toxic exposure (asbestos, diesel exhaust), repetitive motion injuries, and noise-induced hearing loss.
FELA gives you rights workers' comp never could. Learn what they are.
FELA claims have no damages cap, no assumption-of-risk defense, and the most favorable causation standard in the law. One free call tells you exactly where you stand.
Grade Crossing Liability
Grade crossing accidents — where a road intersects a railroad track — are among the most catastrophic collision types. Potential defendants include the railroad (for failure to sound the horn, excessive speed, obstructed sight lines, or poorly maintained warning devices), the government entity (for dangerous crossing design, inadequate signage, or failure to improve crossings with accident histories), the vehicle driver (if their negligence contributed), and third parties who obstructed sight lines.
Types of Grade Crossings
| Type | Warning Devices |
|---|---|
| Active crossing | Flashing lights, gates, bells |
| Passive crossing | Crossbuck sign only (possibly stop or yield signs) |
| Private crossing | May have no warning devices at all |
Trespasser Cases
Railroads have limited duties toward trespassers, but those duties are not zero. If the railroad knows that people frequently trespass at a particular location — worn paths, footprints, cut fences, prior incidents — it must exercise reasonable care. If the train crew sees a trespasser in danger and has the opportunity to avoid the collision, they must act. And if children are attracted to railroad property, the attractive nuisance doctrine may apply.
Passenger Rail Cases
Passenger rail operators are common carriers owing the highest degree of care under Civil Code 2100. California systems include Amtrak (federally chartered, not a government entity), Metrolink (government entity — six-month tort claim), Caltrain, BART, ACE, and Coaster. Government-operated systems trigger the Government Claims Act.
Common passenger claims: derailment injuries, boarding and alighting falls, injuries from sudden stops, platform accidents, door entrapment, and crew negligence. The carrier must maintain safe platforms, adequate handrails, proper stop announcements, and protection from assaults.
Freight Rail Cases
The major freight railroads in California — BNSF Railway and Union Pacific — are among the largest corporations in the country. They are self-insured or carry very high limits. Grade crossing collisions are the most common freight rail accident type. Derailments can cause hazardous materials releases affecting nearby communities. Worker injuries fall under FELA.
The railroad and the city may both be liable. Find out for free.
Grade crossing cases often involve multiple defendants with deep resources. We investigate the railroad's operation, the crossing's design, and every available insurance source. Free case review.
Statutes of Limitation
FELA claims (railroad workers): three years under 45 USC 56. Non-FELA personal injury: two years under CCP § 335.1. Government tort claim (Metrolink, BART, Caltrain): six months under Government Code 911.2. Wrongful death (non-FELA): two years from date of death. Wrongful death (FELA): three years. Property damage: three years. See Statute of Limitations.
Cross-References
- Bus & Streetcar Accidents — light rail and common carrier issues
- Motor Vehicle Accidents — general collision framework for crossing cases
- Pedestrian Accidents — pedestrian struck at grade crossing
- Government Claims — tort claims for government-operated rail
- Wrongful Death — fatal railroad accidents
- Comparative Fault — fault allocation in crossing cases
Common Questions
What is FELA and does it apply to me?
The Federal Employers' Liability Act (FELA) is a federal law that provides railroad workers injured on the job with the right to sue their employer for negligence. FELA replaces workers' compensation for railroad employees. It applies if you work for a railroad and were injured due to any negligence by the railroad. The causation standard is the most favorable in American law — the railroad is liable if its negligence played any part, even the slightest, in causing your injury.
I was hit by a train at a railroad crossing. Who is responsible?
Multiple parties may be liable: the railroad for failing to sound the horn, excessive speed, obstructed sight lines, or poorly maintained warning devices; the government entity (Caltrans or the city) for inadequate crossing design, missing signals, or failure to improve a crossing with a history of accidents; and potentially third parties who obstructed sight lines. File a government tort claim within six months if a government entity is involved.
Does federal law block me from suing the railroad?
No. The Federal Railroad Safety Act has a savings clause that expressly preserves your right to bring a personal injury claim under state law. Federal preemption may affect which standards apply — for example, the adequacy of warning devices at a crossing may be preempted if they were federally funded — but it does not bar your lawsuit. Claims for excessive speed, failure to sound the horn, and obstructed sight lines typically survive preemption.
What is the statute of limitations for a railroad accident?
It depends on the claim type. FELA claims for railroad workers have a three-year statute of limitations. Non-FELA personal injury claims have two years under CCP 335.1. Wrongful death is two years from the date of death (three years under FELA). Government tort claims (Metrolink, BART, Caltrain) must be filed within six months. Property damage has a three-year deadline.
Our offices
Local Resources
- Cedars-Sinai Emergency & TraumaLevel I trauma center for catastrophic railroad collision injuries.
- UCLA Medical CenterLevel I trauma center for multi-system trauma.
- LA Superior Court · Stanley MoskCivil filings for LA County railroad accident cases.
- FRA Safety DatabaseFederal Railroad Administration crossing inventory and accident history.
- Metrolink Customer ServiceReport an incident on Southern California commuter rail.
- Federal Employers' Liability Act (45 USC 51-60). Federal cause of action for railroad workers injured on the job — replaces workers' compensation.
- Federal Railroad Safety Act (49 USC 20101 et seq.). Federal railroad safety regulations; savings clause preserves state tort claims.
- California Code of Civil Procedure § 335.1. Two-year statute of limitations for personal injury actions (non-FELA).
- Government Code § 911.2. Six-month deadline to file a government tort claim for Metrolink, BART, and other public rail.
- California Civil Code § 2100. Common carrier must use utmost care and diligence for passenger safety.
- Rogers v. Missouri Pacific R.R. (1957) 352 U.S. 500. FELA causation standard — railroad liable if negligence played any part, even the slightest.