Understanding Federal vs. State Laws in Railroad Accident Cases

The Texas Department of Insurance reports that collisions between vehicles and trains occur on average once every three hours in the U.S. and that Texas is the site of more highway-rail collisions than any other state in the country. When someone is hurt in a railroad accident, it can be difficult to understand the full array of laws that may apply to the situation and to determine whether one set of laws supersedes others. The Federal Railroad Administration governs many aspects of railroad operation, including setting requirements for railroad crossings. However, a variety of state laws also often apply to railroad accident claims. Some laws may pertain specifically to railroad safety, while others apply to accident liability in general.

Understanding the interplay between federal and state laws in railroad accident cases requires a thorough study of not only statutes and ordinances but also the case law in federal and state courts. At DeKeyzer Law, we’ve seen that when accident victims and their legal counsel in Texas fail to consider the application of both federal and state laws, they are at a disadvantage when going up against corporate legal teams working for railroad companies. Here are some factors to consider about the relationship between federal and state laws when it comes to railroad accidents.

When Federal Law Preempts State Law, Remedies are Limited

Because railroads operate extensively across state lines, the federal government has taken responsibility for regulating the railroad industry, but Texas and other states have adopted numerous laws that affect the industry as well. Federal laws could be read to be exclusive on particular issues, or they could be read to operate in conjunction with state laws. Courts are sometimes split on how state and federal laws work together.

When a court holds that federal law preempts state law, that means that only federal law applies. Remedies described in the statute or allowed previously by federal courts would be the only ones available. If, however, a court holds that federal laws do not preempt claims under state laws, then an accident victim may have the right to seek remedies available under both sets of laws, depending on the facts of the situation.

The Texas Supreme Court addressed this issue in a lawsuit in 2024 and held that the federal laws governing railroads did not preempt a claim based on state negligence laws. This enabled a family grieving the death of a woman killed at a railroad crossing to recover damages for negligence based on failure to keep a railroad crossing in safe condition.

The Interstate Commerce Commission Termination Act (ICCT)

The federal government enacted the Interstate Commerce Commission Termination Act (ICCT) to address numerous transportation issues on a national level. The ICCT replaced the Interstate Commerce Commission with an agency known as the Surface Transportation Board, and it gave that agency jurisdiction over many aspects of railroad operation The statute states that the jurisdiction is exclusive and preempts state legislation. 

However, the ICCT is not the only federal law regulating railroads, and courts have held that when analyzing whether a state law is preempted by federal law in a railroad accident case, the court should look at a different statute.

The Federal Rail Safety Act

As the name implies, the Federal Rail Safety Act (FRSA) is considered the primary federal law dedicated to establishing safety rules for railroads. The law did not grant the ICCT’s Surface Transportation Board authority to adopt rail safety regulations but instead delegated it to the Secretary of Transportation. In addition, the FRSA contains provisions regarding railroad crossings which are frequently at issue in railroad accident cases.

With regard to state regulation of railroad safety issues, the FRSA allows states to adopt their own regulations as long as they don’t conflict with federal rules or overly burden interstate commerce.

It is clear that federal law does not preempt state safety laws, but claims for damages based on railroad accidents also involve economic issues that are governed by the ICCT Act. The Texas Supreme Court considered whether allowing the lawsuit based on state law would overly burden interstate commerce and found that the railroad did not present enough evidence to show that it would. 

However, the court cited another case where the railroad had described the costly measures that would be needed to fix the danger at the crossing and where the victim in the case had presented no evidence to counter that argument, so in that case, the railroad won. That case points out the necessity of having an injury attorney who anticipates arguments put forth by the railroad and who is ready to refute those arguments to secure a win for the victim of the accident.

State Laws That Impact Railroad Accidents

In the case described above, the state laws at issue concerned liability based on negligence. Generally, these laws specify that someone can be held legally responsible and required to pay compensation for losses when they act negligently and their negligence is the direct cause of harm to others. When the operator of a car, truck, or other transportation device—including a train—fails to fulfill a duty to operate safely around others, they can be held liable under negligence laws.

Property owners can also be held liable for their negligence under state premises liability laws. When a property owner fails to take appropriate steps to warn others who are on their property lawfully, such as at a designated railroad crossing, and that failure to warn is the cause of injuries, then the property can be required to pay compensation for injuries.

State railroad safety requirements could also potentially come into play in a railroad accident case. As noted above, the federal railroad safety laws do not preempt state safety laws, so if a state adopts a more stringent safety requirement and it’s not excessive, a railroad operator’s failure to comply with that state safety law could also provide a means to establish liability for a railroad accident.

DeKeyzer Law Understands How to Stand Up to Railroad Companies in Accident Cases

With multiple federal and state laws potentially at issue in a railroad accident case, the issues can get complicated very quickly. While the railroads have legal teams that are used to making complex arguments to defend the company’s interests, individuals who have been injured can find it very difficult to stand up for their rights unless they work with an attorney who knows how to fight back effectively.

Holland and Meagan DeKeyzer have a reputation for securing the best outcomes for accident victims in challenging situations, and they find it tremendously satisfying to beat the big companies to achieve justice for those who have been harmed. But it is important to work quickly to establish your legal rights after an accident, so call now at 713-904-4004 or contact us online to schedule a free consultation if you or a loved one have been injured in a railroad or other type of accident.