Expert Analysis: The Schertz Train-Truck Collision and the Crisis at Texas Railroad Crossings
The impact was catastrophic, even if, by some miracle, no one was killed this time. On a Sunday morning in Schertz, Texas, an 18-wheeler hauling a load of cars attempted to navigate the crossing at Schertz Parkway and FM 78. At approximately 10:12 a.m., a westbound train slammed into the trailer. The force of the collision stopped the massive commercial vehicle on the south side of the railway line, leaving a trail of mangled steel and destroyed property in its wake.
At Attorney911, we see these incidents not as “accidents,” but as failures of safety systems. This collision in Schertz was the second such incident in that city within a single week. Just days prior, an Amtrak train bound for Chicago struck a semi-truck carrying rocks at another Schertz crossing. When two massive commercial vehicles are struck by trains in the same community in seven days, it points to a systemic breakdown in safety protocols, driver training, or infrastructure maintenance.
If you or a loved one has been involved in a collision with a commercial vehicle or a train in Schertz, Temple, or anywhere across Guadalupe or Bell County, you are likely facing an overwhelming mountain of questions. The trucking company’s insurers and the railroad’s legal teams are already moving to protect their billions in assets. You need a team that has spent 27+ years taking on these exact corporate giants.
Ralph Manginello and the team at Attorney911 bring a unique advantage to your fight. Our firm includes a former insurance defense attorney, Lupe Peña, who spent years learning exactly how large insurance companies value, delay, and deny claims. We know their playbook because we used to be the ones writing it. Now, we use that “classified intelligence” to fight for victims.
If you are in a legal emergency, call us 24/7 at 1-888-ATTY-911. We don’t get paid unless we win your case.
The Reality of Commercial Trucking and Rail Collisions in Texas
Texas leads the nation in many categories, but unfortunately, trucking accidents and railroad crossing collisions are among them. According to the Federal Railroad Administration, railroad crossing collisions are the second leading cause of rail-related deaths in the United States. In 2024, Texas recorded 39,393 commercial vehicle accidents, resulting in 608 fatalities.
In Schertz and the surrounding Temple-Belton-Killeen area, the intersection of heavy rail lines and high-volume freight corridors creates a “kill zone” for the unwary. FM 78 and Schertz Parkway are critical arteries for the local economy, but they are also sites where 80,000-pound trucks must navigate complex crossings.
When an 18-wheeler carrying cars—a “car-hauler”—gets stuck or fails to clear a track, the physics are unforgiving. A fully loaded train can take over a mile to stop. The truck driver, the trucking carrier, and the railroad operator all have a heightened duty of care to ensure these crossings are navigated safely.
Why Schertz and Guadalupe County are High-Risk Zones
Schertz sits in a unique position between San Antonio and the heavy freight traffic moving toward Temple and Austin. The proximity to major distribution hubs means that drivers are often under extreme “schedule pressure.” At Attorney911, we investigate whether the carrier’s delivery quotas forced the driver to take risks, such as attempting to beat a signal or failing to ensure there was enough clearance on the other side of the tracks.
Guadalupe County recorded thousands of crashes last year. For families in Schertz, Cibolo, and nearby Temple, these aren’t just statistics. They are the reason Schertz Parkway was closed for six hours on a Sunday morning. They are the reason a car-hauler is now a total loss.
Learn more about the complexities of these cases in our video, “The Victim’s Guide to 18-Wheeler Accident Injuries” at https://www.youtube.com/watch?v=wxEHIxZTbK8.
Who is Liable When a Train Hits an 18-Wheeler?
In the immediate aftermath of the Schertz crash, the Schertz Police Department announced they were leading the investigation with support from Union Pacific. While we respect local law enforcement, it is vital to remember that Union Pacific is a multi-billion dollar corporation with a vested interest in finding that the railroad was not at fault.
At Attorney911, we conduct our own independent investigations. We don’t just take the railroad’s word for it. We look at the “Deep Pocket Chain” to identify every liable party:
| Potentially Liable Party | Basis for Liability |
|---|---|
| The Trucking Carrier | Respondeat superior (employer liability) and negligent training of the driver. |
| The Truck Driver | Failure to obey crossing signals or failing to ensure the trailer could clear the tracks. |
| Union Pacific / Railroad | Malfunctioning crossing gates, failed signal lights, or vegetation blocking the driver’s view. |
| The Car-Hauler Manufacturer | If the truck stalled on the tracks due to a mechanical defect, the manufacturer may be strictly liable. |
| The Freight Broker | Negligent selection of a carrier with a poor safety record. |
Under Texas Civil Practice & Remedies Code § 33.001, we operate under a 51% Bar Rule for modified comparative negligence. This means an insurance company will fight tooth and nail to prove you were 51% or more at fault. If they succeed, you recover zero. Lupe Peña made these exact arguments for the defense for years. Today, he uses that knowledge to ensure the blame stays where it belongs: on the negligent corporations.
The “Second Incident in a Week” Warning Sign
The fact that an Amtrak train hit a rock truck in Schertz just days before the car-hauler collision is a massive red flag. In litigation, we call this “notice.” If a specific crossing or a specific stretch of track in Schertz has multiple collisions in a week, the railroad and the city are on notice that the crossing is dangerous.
Did the signals fail? Was the timing of the gates insufficient for long-wheelbase vehicles like car-haulers or rock trucks? At Attorney911, we dig into the maintenance records of the crossing. We send spoliation letters to Union Pacific and the trucking companies within 24 hours of being retained to ensure that black box data and maintenance logs aren’t “accidentally” deleted.
“At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation,” and we apply that same relentless pressure to railroad litigation.
The Insurance Defense Playbook: What They Are Doing Right Now
While the wreckage was being cleared from FM 78, the insurance adjusters for the trucking company and the risk management team for Union Pacific were already at work. They have a specific playbook designed to minimize your recovery:
- The Recorded Statement Trap: They will call you “just to get your side of the story.” They are looking for any admission that you were distracted or that the signals were working perfectly. Never give a statement without your attorney present.
- The Quick Settlement Offer: They might offer a few thousand dollars to cover your immediate property damage. If you sign that release, you lose the right to sue for any injuries that appear later—like the herniated discs or TBIs that often have delayed symptoms.
- The Independent Medical Exam (IME): They will send you to a doctor they pay thousands of dollars to. That doctor’s job is to say your pain is “pre-existing” or “subjective.”
Lupe Peña knows these tactics because he used them. He knows which doctors the insurance companies favor and which software, like Colossus, they use to undervalue your claim. Having a former defense insider on your side is the single biggest competitive advantage you can have in a Texas courtroom.
Watch our video “Can I Sue for Being Hit by a Semi Truck?” at https://www.youtube.com/watch?v=J0MT3CKbUb4 to understand your rights.
Proving the Case: The Evidence That Disappears
In a Schertz Parkway collision, the evidence is highly perishable. If we don’t act within the first 48 hours, critical proof can vanish forever.
- ELD and Black Box Data: Commercial trucks have Electronic Logging Devices (ELDs) that record how long the driver has been behind the wheel. If the driver was fatigued—a violation of 49 CFR Part 395—that data is the “smoking gun.” However, this data can be overwritten in as little as 30 days.
- Surveillance Footage: Local businesses along FM 78 likely have cameras that captured the approach to the tracks. Most retail surveillance systems auto-delete every 7 to 14 days.
- The Truck Itself: The car-hauler involved in the Schertz crash needs to be inspected by a mechanical expert before it is repaired or scrapped. We look for brake failures or steering issues that could have caused the truck to stall or slow down on the tracks.
We move fast. Within 24 hours of you hiring us, we send legal demands to every party involved, requiring them to preserve all electronic and physical evidence under threat of heavy legal sanctions.
Catastrophic Injuries in Train-Truck Wrecks
While initial reports in the Schertz car-hauler crash indicated no injuries, these high-energy collisions often result in “hidden” trauma. When a locomotive hitting a semi-truck stops the vehicle dead in its tracks, the G-forces exerted on the human body are immense.
We frequently represent clients facing:
* Traumatic Brain Injuries (TBI): Even a “mild” concussion can lead to permanent cognitive impairment, memory loss, and personality changes.
* Spinal Cord Injuries: The impact of a train can cause vertebrae to shatter or discs to herniate. “In a recent case, our client injured his back while lifting cargo on a ship… we were able to reach a significant cash settlement.” We apply that same expertise to spinal injuries caused by 18-wheeler collisions.
* Amputations: Crush injuries from mangled steel often lead to surgical amputations. “In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.”
If you are hurting, do not wait. Adrenaline masks pain. See a doctor immediately, then call us.
Why Choose Attorney911 for Your Schertz or Temple Case?
You have many choices for legal representation in Texas, but very few firms have our specific pedigree. Ralph Manginello has been licensed for 27+ years and is admitted to the U.S. District Court, Southern District of Texas. Our firm was involved in the BP Texas City Refinery explosion litigation—a $2.1 billion case. We are not intimidated by Union Pacific, Amazon, Walmart, or any global carrier.
As client Jamin Marroquin describes: “Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined throughout the 19 months.”
We treat our clients like family. As Chad Harris says: “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.”
We serve the Schertz and Temple communities from our offices in Houston, Austin, and Beaumont. We know the local courts, the local roads, and the local tactics used by defense firms in Guadalupe and Bell Counties.
Our Results Speak for Themselves
- Logging Brain Injury: “Multi-million dollar settlement for client who suffered brain injury with vision loss when log dropped on him at logging company.”
- Trucking Wrongful Death: “At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation.”
- Car Accident Amputation: “This case settled in the millions.”
Every case is unique, and past results do not guarantee future outcomes.
FAQ: Schertz and Temple Truck/Train Accidents
What should I do if I’m stuck on the tracks in Schertz?
The Schertz Police Department is correct: “stop, look, and listen.” If you find yourself stuck, leave your vehicle immediately and call for help. Look for the Blue Sign (Emergency Notification System) at the crossing, which has a phone number and the crossing’s specific ID number. This allows the railroad to stop oncoming trains.
Can I sue the railroad if the crossing gates didn’t come down?
Yes. If the signals or gates at the Schertz Parkway crossing failed to activate, Union Pacific may be liable for the collision. We hire signal experts to download the crossing’s event recorder data to prove the malfunction.
What if the trucking company says the driver was an “independent contractor”?
This is the most common defense used by companies like Amazon and FedEx. They try to use a “contractor shield” to avoid liability. We use the “Right-to-Control” test to prove that the company actually controlled the driver’s route, schedule, and behavior, making the parent company responsible for the damages.
How long do I have to file a claim in Texas?
Under Texas Civil Practice & Remedies Code § 16.003, you generally have two years from the date of the accident. However, if a government entity is involved (such as a city-owned vehicle or a defective road design), you may have as little as six months to provide formal notice.
Does Attorney911 handle cases in Temple and Belton?
Absolutely. We regularly handle cases throughout Central Texas, including Temple, Belton, and Killeen. We know the I-35 corridor and the unique dangers posed by the heavy freight traffic moving through Bell County.
For more answers, watch “The Definitive Guide To Commercial Truck Accidents” at https://www.youtube.com/watch?v=iEEeZf-k8Ao.
Your Legal Emergency Ends Here
The collision at Schertz Parkway and FM 78 was a violent reminder of how quickly life can change when commercial giants fail to prioritize safety. Whether you were the driver of the car-hauler, a passenger on the train, or a motorist caught in the aftermath, you deserve answers and accountability.
Don’t let the insurance companies dictate the value of your life. Put a former insurance defense insider and a 27-year litigation veteran in your corner.
Call Attorney911 at 1-888-ATTY-911 (1-888-288-9911) right now. We are available 24/7 to take your call. Hablamos Español. We offer free consultations, and you will never owe us a dime unless we recover money for you.
Attorney911 | The Manginello Law Firm, PLLC
Legal Emergency Lawyers™
Houston • Austin • Beaumont
https://attorney911.com
Disclaimer: This information is for educational purposes and does not constitute legal advice. Every case is unique. You may still be responsible for court costs and case expenses. Principal office: Houston, Texas.