Pecos Train Derailment Kills Two Union Pacific Workers: FELA Claims, Evidence, and Legal Rights for Railroad Families
If you are reading this page, someone you love may be one of the two Union Pacific railroad workers who did not come home from the Sunset Corridor on December 16, 2024. Or you may be one of the three people injured when the train left the tracks in downtown Pecos and struck the Chamber of Commerce building. Either way, you are in the first hours and days of something that will not get easier on its own — and there is one thing you need to hear before anything else: the law that governs what happened to your family is not the law that governs most workplace deaths. It is better. It is a federal statute called FELA, and it gives railroad workers and their families rights that ordinary workers’ compensation never provides — the right to sue the railroad directly, the right to full damages including pain and suffering, and the right to have a jury in Reeves County decide what a railroad worker’s life was worth. We are Attorney911 — The Manginello Law Firm — and this page is written to tell you exactly what those rights are, what evidence is already disappearing, and what the railroad’s claims representatives are trained to do in the hours after a crash like this one. None of what follows is legal advice for your specific case. It is legal information — the same information we would want our own family to have. The consultation is free, the call is 1-888-ATTY-911, and we do not get paid unless we win.
What Happened in Pecos: The Collision, the Derailment, and the Tracks
On December 16, 2024, at approximately 5:45 p.m., a Union Pacific freight train traveling through Pecos, Texas — the county seat of Reeves County, about 75 miles west of Odessa on Interstate 20 — collided with a tractor-trailer that had become stuck on the railroad tracks near the intersection of Oak Street and Dot Stafford Street. The impact derailed the train. The derailed cars and locomotive struck the Pecos Chamber of Commerce building. Two Union Pacific railroad workers aboard the train were killed. Three other individuals were injured. Three of the derailed railcars were carrying potentially hazardous materials, though the city manager stated there was no immediate risk to the public. The Pecos Police Department is leading the investigation with support from the Texas Department of Public Safety.
Pecos sits on Union Pacific’s Sunset Corridor — one of the railroad’s principal transcontinental freight routes, connecting West Coast ports to the Gulf Coast and beyond. The Sunset Corridor carries intermodal containers, chemicals, agricultural products, and energy-related cargo through Reeves County day and night. The Oak Street crossing lies in Pecos’s downtown core, where mixed commercial and vehicle traffic intersects a rail line that moves freight through the heart of town. And Reeves County is Permian Basin country — the oil and gas economy that surrounds Pecos puts heavy commercial trucks on these roads constantly, including oversized and overweight vehicles that traverse grade crossings never engineered for their wheelbase, their clearance, or their weight. When a tractor-trailer gets hung up on a rail crossing in this part of Texas, it is not a freak accident. It is a documented, recurring hazard of the corridor and the industry that feeds it.
A witness behind a camera captured the moment before impact. His voice on the video says the truck was stuck — visibly, unmistakably stuck — on the tracks. Then the train hit it. Then the train left the rails. Then it hit a building. Two men who went to work that morning on the railroad did not survive it.
FELA: The Federal Law That Protects Railroad Workers and Their Families
This is the single most important thing on this page, and if you read nothing else, read this section.
The two Union Pacific workers who died are not covered by Texas workers’ compensation. Railroad workers are governed by a federal statute called the Federal Employers’ Liability Act — FELA — and FELA is not workers’ comp. It is a fault-based federal tort remedy that is the exclusive way a railroad worker or their family can recover from the railroad employer. FELA was passed in 1908 and has been refined by more than a century of Supreme Court interpretation. It gives railroad workers and their families something workers’ comp never provides: the right to sue the railroad directly, in front of a jury, for full tort damages — including pain and suffering, full lost earnings, and loss of companionship — if the railroad’s negligence played any part in causing the injury or death.
The Liability Standard: “Any Part, Even the Slightest”
The core of FELA is Section 51, which states that a railroad is liable to any worker injured or killed resulting “in whole or in part from the negligence” of the railroad’s officers, agents, or employees, or by reason of any “defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.”
“The test of a jury case is simply whether the proofs justify with reason the conclusion that employer negligence played any part, even the slightest, in producing the injury or death for which damages are sought.” — Rogers v. Missouri Pacific R. Co., 352 U.S. 500 (1957)
That is the lowest causation standard in American injury law. The worker does not have to prove the railroad’s negligence was the cause, or even a primary cause. They have to prove it played any part — even the slightest. In 2011, the Supreme Court reaffirmed this standard in CSX Transportation, Inc. v. McBride, 564 U.S. 685 (2011), holding that FELA does not incorporate the tougher “proximate cause” test that ordinary injury cases require. What this means for the families of the two Pecos workers is this: if the railroad’s negligence contributed even minimally — an inadequately maintained crossing signal, a train traveling too fast for the area, a missing or defective warning device, inadequate crew training, a track defect, a sight-line obstruction — the railroad is liable for the full measure of damages.
What Counts as Railroad Negligence Under FELA
In a grade-crossing collision and derailment like the one in Pecos, railroad negligence can take many forms. Each one is a separate theory of liability, and FELA allows them to be pursued in combination:
Crossing signal and warning device failures. Federal regulations under 49 CFR Part 234 govern grade crossing signal system inspection, testing, and maintenance. The railroad is required to inspect and maintain crossing warning devices — gates, flashers, bells — on a regulatory schedule and to log every inspection and every repair. If the crossing at Oak Street lacked active warning devices, had signals that were malfunctioning, or had inspection records showing gaps or defects, that is railroad negligence under FELA. The crossing signal inspection and maintenance records are the documents that prove it — and the railroad holds them.
Train speed and operating rules. The train’s event recorder — the locomotive’s black box — captured the train’s speed, braking application, horn activation, and throttle position in the minutes before impact. If the train was traveling above the speed restriction for that crossing, or if the horn was not sounded at the distance federal regulations require, or if braking was initiated too late, each of those is a separate act of railroad negligence.
Track and crossing geometry. The physical design of the crossing — the approach grade, the sight lines, the angle of the road to the tracks, the clearance for commercial vehicles — can create a condition where large trucks become lodged. If the crossing geometry was dangerous and the railroad knew or should have known, that is negligence. If prior stuck-vehicle incidents at this same crossing were reported and ignored, that is not just negligence — it is notice, and it opens the door to punitive damages.
Crew training and hours of service. The railroad’s records of the crew’s training, hours of service, and any prior safety complaints are all discoverable. Federal regulations require the railroad to retain hours-of-duty records for two years (49 CFR § 228.9). Fatigue and inadequate training are recognized forms of railroad negligence under FELA.
Equipment defects. Two additional federal statutes impose absolute (non-negligence) duties on the railroad: the Federal Safety Appliance Act (49 U.S.C. § 20302) requires that couplers, hand brakes, grab irons, and other safety appliances be in working order, and the Locomotive Inspection Act (49 U.S.C. § 20701) requires that every locomotive be in proper condition and safe to operate. If any equipment failure contributed to the collision or the severity of the derailment, the railroad’s liability is absolute — “we maintained it carefully” is no defense.
The Defenses FELA Eliminates
FELA strips away the defenses that an ordinary employer would raise:
Assumption of risk is abolished. Under 45 U.S.C. § 54, a railroad worker is not held to have assumed the risks of employment. The railroad cannot argue that the worker “knew the job was dangerous” or that grade-crossing collisions are an inherent hazard of railroad work. That defense is gone — abolished by Congress.
Contributory negligence reduces but never bars. Under 45 U.S.C. § 53, even if the worker was partly at fault, the family can still recover — the award is reduced by the worker’s percentage of fault, but it is never erased. And if the railroad violated a federal safety statute (such as the crossing signal regulations, the Safety Appliance Act, or the Locomotive Inspection Act), the worker’s own contributory negligence is wiped off the board entirely. The railroad pays full damages.
Waivers and releases are void. Under 45 U.S.C. § 55:
“Any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this chapter, shall to that extent be void.”
This means any document a claims representative asks the family to sign — a release, a settlement, a “statement of understanding” — is legally worthless if its purpose is to shield the railroad from FELA liability. If someone from Union Pacific has already asked your family to sign something, that document is not the end of the story. It may be the beginning of a different fight.
The Deadline: Three Years, But the Evidence Will Not Wait
FELA gives a railroad worker or their family three years from the date the cause of action accrued to file suit (45 U.S.C. § 56). The worker or the family chooses the courthouse — state or federal — and if they choose state court in Reeves County, the railroad generally cannot remove the case to federal court. A FELA claim can be filed where the railroad does business, where the cause arose, or where the defendant resides.
Three years sounds like a long time. It is not. The evidence that decides a FELA case disappears on a clock measured in days and weeks, not years. The section below tells you exactly what is perishing right now.
If your family is also pursuing a Texas wrongful death claim against the trucking company or the crossing-design entity, Texas’s wrongful death statute of limitations generally runs two years from the date of death — shorter than the FELA deadline. Both clocks started running on December 16, 2024. The shorter of the two is the one that will kill the case first if no one acts.
Who Can Be Held Responsible: The Defendant Map
A train-truck collision and derailment like the one in Pecos is rarely the fault of a single party. The law allows — and a complete case demands — that every entity whose negligence contributed to the deaths and injuries be identified and held accountable. Here is the defendant map for this incident:
Union Pacific Railroad (FELA Employer)
Union Pacific is one of the two largest Class I freight railroads in North America, operating approximately 32,000 route miles across 23 states with annual revenues exceeding $24 billion. The Sunset Corridor running through Pecos is a critical freight artery. UP maintains its own police force, claims department, and rapid-response legal teams that deploy to derailment scenes within hours. The railroad carries substantial self-insured retentions layered with excess coverage. As the employer of the two killed workers, UP faces FELA liability if any railroad negligence — inadequate crossing signals, track maintenance, train speed, crew training, or horn and braking protocols — contributed to the deaths, however minimally. FELA’s causation standard means even minimal railroad negligence supports full recovery.
The Tractor-Trailer’s Operating Entity
The tractor-trailer that became stuck on the tracks is the primary trigger of the collision. The operating carrier — the entity whose DOT number, FMCSA registration, and insurance filings must be identified from the vehicle’s markings, license plate, or the police report — faces liability for negligent operation that allowed the vehicle to become stuck on active tracks. This includes inadequate route planning (did the driver’s route account for grade crossings not designed for the vehicle’s wheelbase or clearance?), failure to assess the crossing’s approach grade and clearance, and failure to contact emergency services the moment the truck became stuck. If the truck was an oilfield-related vehicle — which is common in Reeves County and the broader Permian Basin — the carrier’s safety record, driver qualification file, and prior roadside inspection history will be central to establishing negligence. Federal Motor Carrier Safety Regulations govern the tractor-trailer’s operation, including driver qualification (49 CFR Part 391), hours of service (49 CFR Part 395), and post-accident drug and alcohol testing requirements (49 CFR Part 382). A fatal crash triggers mandatory post-accident testing within tight windows — eight hours for alcohol, thirty-two hours for controlled substances — and if that testing was not done, the written explanation the carrier is required to file is itself evidence.
The Grade Crossing Design and Maintenance Entity
If the crossing at Oak Street was inadequately designed, maintained, or warning systems were absent or malfunctioning, the entity responsible for crossing design and maintenance faces liability. That entity could be Union Pacific itself, the City of Pecos, the Texas Department of Transportation, or Reeves County — or some combination. The question is whether the crossing was engineered to safely accommodate the commercial vehicles that regularly traverse it, whether active warning devices (gates, flashers, bells) were present and functioning, and whether the approach grade and sight lines were adequate for a truck driver to assess clearance before committing to the crossing. Rural West Texas grade crossings frequently lack active warning devices and may have insufficient approach grades or sight distances — a documented, recognized risk that creates a known hazard for high-clearance and long-wheelbase vehicles.
Potentially the Property Owner
The Chamber of Commerce building that the train struck may generate property damage claims, though these are property-damage rather than personal-injury claims and are secondary to the wrongful death and injury claims.
The Evidence That Is Disappearing Right Now
This is the section that decides whether the case can be won. Every item below is a record or a piece of physical evidence that exists right now, is held by someone who has no obligation to preserve it for your family, and is on a clock that will legally allow its destruction — unless a preservation letter has been sent demanding it be saved. The day you call a lawyer is the day that letter goes out. That is not a marketing line. It is the single most important tactical step in a railroad case.
The Locomotive Event Recorder (Black Box)
The train’s event recorder captured the train’s speed, braking application, horn activation, throttle position, and crew controls in the minutes before impact. This data is critical for FELA negligence analysis — it shows whether the train was within speed limits, whether the horn was sounded at the required distance, and when braking was initiated. The retention period for event recorder data is typically thirty to ninety days, but Union Pacific may download or overwrite the data during its own investigation. A preservation letter must specifically demand that the event recorder data be locked and produced.
Positive Train Control (PTC) System Data
Positive Train Control is the federally mandated system that monitors train location, speed restrictions, and brake enforcement. PTC data shows whether the system should have or could have intervened to prevent the collision — whether speed restrictions were in effect at the crossing, whether the system attempted to enforce braking, and whether any override or failure occurred. This data must be preserved within days. The Federal Railroad Administration requires retention, but UP’s internal access protocols may limit availability.
Grade Crossing Signal System Inspection and Maintenance Records
Under 49 CFR Part 234, the railroad is required to inspect, test, and maintain grade crossing warning systems on a regulatory schedule — and to log every inspection, every defect, and every repair. These records establish whether the crossing signals at Oak Street were functioning, when they were last inspected, and whether any defects or repairs were logged. These records are central to the FELA negligence theory against Union Pacific. The railroad maintains these records but may produce only what is specifically requested — which is why the preservation letter must enumerate 49 CFR Part 234 records by name and demand the complete inspection and maintenance history for this crossing.
Surveillance Cameras Near the Crossing and at the Chamber of Commerce
Downtown Pecos has businesses with surveillance cameras that may have captured how the tractor-trailer became stuck, whether crossing signals activated, the train’s approach speed, and the sequence of impact. Downtown business camera systems typically overwrite on a rolling cycle of seven to thirty days. Every day that passes without a preservation demand is a day closer to that footage being gone. An immediate canvass of every business within sight of the crossing is required — not next month, not after the funeral, now.
The Tractor-Trailer’s Electronic Logging Device, GPS, and Fleet Telematics
The truck’s electronic logging device (ELD), GPS, and fleet management system data show the vehicle’s route, speed, stops, and approach to the crossing. This data may reveal inadequate route planning, driver error, or a vehicle configuration that made the crossing impassable. FMCSA regulations require ELD data to be retained for a minimum of eight days, but fleet management systems may keep it longer. A preservation letter to the carrier must go out immediately — the eight-day floor is the deadline the trucking company is counting on everyone missing.
The Truck Driver’s Qualification File, Hours-of-Service Records, and Post-Accident Testing
FMCSA regulations require post-accident drug and alcohol testing for fatal accidents — testing that must occur within hours, not days. For alcohol, the testing window closes at eight hours; for controlled substances, at thirty-two hours. If the test was not administered, the carrier is required to document why — and that written explanation is itself evidence. The driver’s qualification file (retained for employment plus three years under 49 CFR 391.51), hours-of-service records, and prior safety record are all central to the negligence claim against the trucking company.
Union Pacific Crew Records for the Killed Workers
The training records, hours of service, prior safety complaints, and crew assignments for the two killed workers establish the FELA claim’s worker status and may reveal railroad negligence in crew management, training, or fatigue. Union Pacific controls these records. The preservation letter must request all personnel, training, and operational records for the crew.
Prior Incident and Complaint Records for This Pecos Crossing
Prior stuck-vehicle incidents, crossing complaints, or near-miss reports at the Oak Street crossing establish notice — proof that the hazard was known before December 16, 2024. If the railroad or the crossing authority received complaints about trucks getting stuck on these tracks and did nothing, that is not just negligence. It is the predicate for punitive damages. These are archival records, but they must be specifically requested before they are culled in routine records destruction.
Witness Video and Social Media Evidence
Video of the collision is already circulating on social media platforms. This footage must be identified, preserved, and authenticated before it is deleted or degraded. Social media content can be deleted by users within days. The witness who filmed the collision from his vehicle — the voice saying the truck was stuck — is a witness whose testimony and footage must be secured immediately.
Scene Evidence: Skid Marks, Debris Field, Crossing Condition, Sight Lines, Approach Grade
The physical evidence of the crossing geometry, sight distances, road approach grade, and debris field establishes whether the crossing was inherently dangerous for commercial vehicles. The scene will be remediated within days to weeks as the track is repaired and the road is reopened. Immediate photographic and survey documentation is required before the physical evidence is altered or destroyed.
What This Case Is Worth: The Damages Analysis
We will not tell you a specific dollar figure for your family’s case, because the investigation is in its earliest stages and the facts are still developing. What we can tell you is how the law values a case like this — the categories of damage, the method of calculation, and the range that cases of this type can reach.
The Two FELA Wrongful Death Claims
FELA wrongful death claims carry substantial economic damages based on the railroad workers’ lost future earning capacity. Union Pacific engineers and conductors typically earn $75,000 to $150,000 or more annually, with strong union benefits, pension entitlements, and decades of expected work life. A forensic economist projects the lost earnings stream across the worker’s expected worklife — not just years to retirement, but the statistically expected working years for a person of that age, education, and occupation — and then adds the value of lost fringe benefits (health insurance, retirement contributions, paid leave, employer-side payroll taxes), which federal labor data shows run approximately 30% of total compensation on top of the wage. The gross lost earnings and benefits are then reduced to present value — a calculation the Supreme Court addressed in Jones & Laughlin Steel Corp. v. Pfeifer, 462 U.S. 523 (1983), which governs how future losses are converted to a lump-sum award.
In a wrongful death case, the economist also subtracts the decedent’s personal consumption — the share of income the worker would have spent on themselves — because the family’s claim is for the support they would have received, not the gross paycheck. Lost household services — the childcare, cooking, repairs, driving, and household management the worker performed — are valued by the replacement-cost method, using federal time-use data and market wages for each task. This is especially significant for a worker who was the primary caregiver or household manager in the family.
Non-economic damages include the survivors’ loss of companionship, society, counsel, and consortium under the Texas Wrongful Death Act. And under the Texas Survival Statute, the estate of the deceased worker may recover for the worker’s pre-death conscious pain and suffering, medical expenses, and funeral costs — the claim the worker would have had if they had survived.
Texas does not impose a general cap on non-economic damages in wrongful death cases outside of medical malpractice. Exemplary (punitive) damages in survival actions are subject to statutory limitations under Texas law. FELA itself has no statutory cap on damages.
Based on railroad worker earnings in the $75,000 to $150,000+ range and expected work lives of twenty to thirty or more years, each FELA wrongful death claim could reasonably range from $3 million to $12 million or more depending on the worker’s age, earnings, and dependents. The high end assumes discovery reveals crossing design deficiencies, inadequate warning systems, or Union Pacific’s prior knowledge of the hazard at this location — plus potential gross negligence findings supporting exemplary damages. The low end accounts for comparative fault if the truck driver’s negligence was the sole proximate cause and the railroad’s crossing was properly maintained with adequate warnings.
The Three Injury Claims
The three injured parties’ damages depend on injury severity, medical treatment costs, lost wages, disability, and pain and suffering. These claims may be brought under FELA (if the injured parties were railroad workers), under Texas negligence law (if they were in the building, on the street, or in the truck), or both. Potential punitive damages exist under Texas law if gross negligence is established through discovery of prior crossing complaints, ignored safety audits, or the trucking company’s disregard for route-planning protocols.
The Total Case Value Range
Combining two FELA wrongful death claims and three injury claims, with claims against both the railroad and the trucking company, the total case value range in a matter like this one spans from approximately $5,000,000 on the low end to $30,000,000 or more on the high end. The low end assumes the truck driver’s negligence was the sole proximate cause and the railroad’s crossing was properly maintained. The high end assumes discovery reveals railroad crossing-signal deficiencies, prior stuck-vehicle incidents at this crossing that were ignored, or inadequate warning systems — plus gross negligence findings supporting exemplary damages.
These figures are not a prediction. Past results depend on the facts of each case and do not guarantee future outcomes. What they are is the arithmetic of what a railroad worker’s life and livelihood are worth under the law — the number a jury in Reeves County could reach if the evidence supports it.
The Railroad’s Playbook: What Union Pacific’s Claims Representatives Will Do — and How to Counter It
Union Pacific’s claims department and rapid-response legal teams deploy to derailment scenes within hours. They are not there to help your family. They are there to protect the railroad. Here is what they will do, in the order they will do it, and here is how each play is countered.
Play 1: The “Just Checking In” Call
Within days — sometimes within hours — someone friendly will call the family. The voice will be warm. The purpose will be to “check on you” and “see how you’re doing.” The conversation will be recorded. Everything said will be transcribed and later used to minimize the railroad’s exposure. The counter: do not take the call. Do not give a recorded statement to anyone representing Union Pacific or its claims department. Anything you say can and will be used to reduce what the railroad pays. The only person who should be talking to the railroad’s representatives is your lawyer.
Play 2: The Fast Settlement Check
A check may arrive quickly — sometimes before the funeral, sometimes before the medical results are in. It will come with a release printed on the back or attached to it. Signing it may end the family’s right to pursue the full claim. The counter: do not sign anything. Do not cash any check from the railroad or its insurer without having a lawyer review it first. Under FELA’s anti-waiver provision (45 U.S.C. § 55), any contract or device designed to exempt the railroad from FELA liability is void — but the family must be in a position to challenge the release, which means not signing it in the first place.
Play 3: “He Knew the Job Was Dangerous”
The railroad may argue that the workers assumed the risks of railroad work — that grade-crossing collisions are an inherent hazard, that the crew knew the route and its dangers. The counter: assumption of risk is abolished under FELA (45 U.S.C. § 54). The railroad cannot raise this defense. If they try, that argument is dead on arrival — and a lawyer who knows FELA will say so immediately.
Play 4: Blame the Truck Driver
The railroad will point at the tractor-trailer and argue that the truck being stuck on the tracks was the sole cause of the collision — that the railroad did nothing wrong. The counter: FELA’s “any part” causation standard means the railroad is liable if its negligence contributed even minimally. If the crossing signals were inadequate, if the train was traveling too fast, if the horn was not sounded at the required distance, if prior stuck-vehicle complaints were ignored — each of those is a separate act of railroad negligence that makes the railroad liable under FELA, regardless of what the truck driver did.
Play 5: Delay Until the Evidence Is Gone
The railroad knows the evidence clocks. They know the event recorder data will be overwritten. They know the surveillance footage will cycle out. They know the crossing signal records can be culled. The longer the family waits to act, the more evidence disappears — and the weaker the case becomes. The counter: the preservation letter goes out the day you call. Not next week. Not after the funeral. That day.
Play 6: Social Media Surveillance
The railroad’s investigators will monitor the family’s social media accounts. Posts about the death, about grief, about daily activities — all of it will be screenshotted and used to argue that the family is “doing fine” or that the emotional impact is exaggerated. The counter: set all social media to private. Do not post about the incident, the investigation, or the legal process. Do not discuss the case online.
How a FELA Case Is Actually Built: The Proof Story
Here is how a case like this is actually won — not in the abstract, but step by step, from the first day to the courthouse.
Week one. The preservation demand goes out — to Union Pacific, to the trucking company, to every business with a camera within sight of the crossing, and to the camera vendor if one is involved. The letter freezes the event recorder data, the PTC data, the crossing signal inspection records, the surveillance footage, the truck’s ELD and telematics, the driver’s qualification file, the crew’s training and hours-of-service records, and the prior incident and complaint history for this crossing. The scene is photographed and surveyed before the track is repaired and the road is reopened. The witness video is identified, downloaded, and preserved.
Weeks two through eight. The records come in — if they have been demanded properly. The event recorder data is analyzed by a train accident reconstructionist: what was the train’s speed, when was the horn sounded, when was braking initiated, and could the train have stopped? The crossing signal inspection records are reviewed by a railroad grade crossing safety engineer: were the signals functioning, when were they last inspected, were there defects or gaps? The truck’s ELD and GPS data are analyzed: what route was the driver on, what speed was the truck traveling, and was the route appropriate for the vehicle’s configuration? The driver’s qualification file is examined: was the driver properly trained on grade crossing procedures, was the route planned to avoid crossings not designed for the vehicle, and what does the driver’s prior safety record show?
Months two through six. Expert witnesses are retained: a railroad grade crossing safety engineer to analyze crossing geometry and warning system adequacy, a train accident reconstructionist to determine braking distance and whether the train could have stopped, a FELA forensic economist to calculate lifetime lost earnings and benefits for the deceased workers, and potentially a hazardous materials specialist if any release is confirmed. Discovery proceeds on two parallel tracks: the FELA track against Union Pacific targeting crossing signal records, track maintenance logs, train speed data, crew training records, and prior stuck-vehicle or near-miss reports for this Pecos crossing; and the third-party track against the trucking company targeting driver qualification files, route planning documents, ELD and GPS data, and post-accident drug and alcohol test results.
Months six through eighteen. Depositions are taken. The railroad’s safety director explains the company’s choices under oath. The crossing signal technician testifies about when the signals were last inspected and what the logs show. The truck driver testifies about the route, the approach to the crossing, and what happened when the truck became stuck. The city manager and police investigators testify about the scene and the hazardous materials assessment.
The courthouse. Under FELA, the family chooses where to file — state or federal court. If the case is filed in state court in Reeves County, the jury that decides what a railroad worker’s life was worth is twelve people from the reader’s own community — people who know the Sunset Corridor, who know the oilfield trucks, who know what it means to work on the railroad in West Texas. Voir dire in Reeves County should account for the community’s deep familiarity with both railroad operations and oilfield trucking — probing for pro-industry bias while identifying jurors who understand corporate responsibility for worker safety.
Mediation should be deferred until the crossing signal records and the truck’s ELD data are produced. Premature mediation allows the railroad to undervalue the FELA claims before its own safety gaps are documented. The number at the end is built from all of it — the frozen evidence, the expert analysis, the deposition testimony, and the jury’s understanding of what was taken from the family.
The First 72 Hours: What to Do, What Not to Do
Do These Things
Get medical attention for anyone injured. Even injuries that seem minor can worsen over days. Traumatic injuries from a train derailment — deceleration forces, blunt impact, crush forces — can have delayed onset. Document everything. If you are one of the three injured parties, seek treatment immediately and follow every medical recommendation.
Contact a lawyer who knows FELA. Not a general personal injury lawyer. Not a workers’ compensation lawyer. A lawyer who understands the Federal Employers’ Liability Act, the featherweight causation standard, the evidence clocks for event recorders and crossing signals, and the railroad’s claims playbook. The call is free. The consultation is confidential. The number is 1-888-ATTY-911.
Preserve everything you have. Any photographs, videos, or physical items from the scene. Any communication from Union Pacific or its representatives — letters, emails, text messages, business cards, phone logs. Any documents you have been asked to sign. Do not alter or destroy anything.
Set social media to private. Do not post about the incident, the investigation, or the legal process. Do not discuss the case online. The railroad’s investigators are watching.
Do Not Do These Things
Do not give a recorded statement to anyone representing Union Pacific. The claims representative who calls is trained to get you to say things that will minimize the railroad’s exposure. “I’m doing okay” becomes “the family is not seriously affected.” “He loved his job” becomes “he assumed the risk.” Every word will be transcribed and used.
Do not sign anything. Not a release, not a settlement, not a “statement of understanding,” not a medical authorization, not anything. Under FELA’s anti-waiver provision, documents designed to exempt the railroad from liability are void — but challenging a signed release is harder than not signing one.
Do not accept any communication from Union Pacific’s claims representatives or risk management personnel. These representatives are trained to minimize the railroad’s exposure. They may approach families during their most vulnerable hours — at the hospital, at the funeral home, at the kitchen table. They are not there to help. They are there to protect the railroad.
Do not wait. The evidence is disappearing. The event recorder data will be overwritten. The surveillance footage will cycle out. The crossing signal records can be culled. The truck’s ELD data has an eight-day floor. Every day that passes without a preservation letter is a day closer to the proof being legally gone.
Frequently Asked Questions
Can the families of the two killed Union Pacific workers sue the railroad?
Yes. Under FELA — the Federal Employers’ Liability Act — the surviving spouses, children, and parents of a railroad worker killed due to the railroad’s negligence can bring a wrongful death claim directly against the railroad. FELA is not workers’ compensation. It is a fault-based federal tort remedy that allows the family to recover full damages, including lost lifetime earnings, loss of companionship, and the worker’s pre-death pain and suffering, if the railroad’s negligence played any part in causing the death — even the slightest part. The railroad cannot raise assumption-of-risk as a defense, and any waiver or release designed to shield the railroad from FELA liability is void under federal law.
How long do the families have to file a claim?
FELA gives the family three years from the date of the cause of action to file suit (45 U.S.C. § 56). If the family is also pursuing a Texas wrongful death claim against the trucking company or the crossing-design entity, Texas’s wrongful death statute of limitations generally runs two years from the date of death. Both clocks started running on December 16, 2024. The shorter deadline — two years — is the one that will expire first. But the evidence that decides the case disappears in days and weeks, not years. The time to act is now, not next year.
What if the truck driver was at fault for getting stuck on the tracks?
The truck driver’s fault does not eliminate the railroad’s liability under FELA. FELA’s causation standard requires only that the railroad’s negligence played any part — even the slightest — in causing the death. If the crossing signals were inadequate, if the train was traveling too fast, if the horn was not sounded at the required distance, if prior stuck-vehicle complaints at this crossing were ignored — each of those is a separate act of railroad negligence that makes the railroad liable regardless of what the truck driver did. Under FELA’s comparative negligence rule (45 U.S.C. § 53), even if the worker was partly at fault, the family can still recover — the award is reduced by the worker’s share of fault but never erased. And if the railroad violated a federal safety statute, the worker’s contributory negligence is eliminated entirely.
What evidence needs to be preserved immediately?
The most time-sensitive evidence includes: the locomotive event recorder (black box) data, which records train speed, braking, and horn activation and may be overwritten within thirty to ninety days; Positive Train Control system data; grade crossing signal inspection and maintenance records under 49 CFR Part 234; surveillance camera footage from businesses near the crossing, which typically overwrites within seven to thirty days; the tractor-trailer’s electronic logging device and GPS data, which has an FMCSA minimum retention of eight days; the truck driver’s post-accident drug and alcohol test results, which must be administered within hours of the crash; Union Pacific crew training and hours-of-service records; prior incident and complaint records for this specific Pecos crossing; and witness video already circulating on social media. A preservation letter from a lawyer demanding that these records be saved is the single most important step in the first days.
Is this a workers’ compensation case?
No. Railroad workers are excluded from state workers’ compensation systems. They are covered by FELA, a federal statute that is significantly more favorable to injured workers and their families than workers’ comp. FELA allows full tort damages — including pain and suffering and lost earning capacity — rather than the capped benefit schedule that workers’ comp provides. FELA requires proof of the railroad’s negligence, but the causation standard is the lowest in American injury law: the railroad is liable if its negligence played any part, even the slightest, in causing the injury or death.
What is the case worth?
We cannot tell you a specific dollar figure for your family’s case because the investigation is in its earliest stages. What we can tell you is that two FELA wrongful death claims against a major Class I railroad, with railroad worker earnings typically in the $75,000 to $150,000+ range and expected work lives of twenty to thirty or more years, generate significant economic loss alone — each death claim could reasonably range from $3 million to $12 million or more depending on the worker’s age, earnings, and dependents. Three injury claims add $1 million to $5 million or more depending on severity. The total case value range spans from approximately $5,000,000 on the low end to $30,000,000 or more on the high end. Past results depend on the facts of each case and do not guarantee future outcomes.
Can the family sue the trucking company too?
Yes. The families can pursue claims against both the railroad under FELA and the trucking company under Texas negligence law. The trucking company faces liability for negligent operation that allowed the vehicle to become stuck on active tracks — including inadequate route planning, failure to assess crossing clearance, and failure to contact emergency services upon becoming stuck. If the truck was an oilfield-related vehicle, which is common in Reeves County and the Permian Basin, the carrier’s safety record and driver qualification file will be central to the negligence claim. Federal Motor Carrier Safety Regulations govern the tractor-trailer’s operation, and violations of those regulations may establish negligence per se.
What should the family do if Union Pacific’s claims representative has already contacted them?
Do not give a recorded statement. Do not sign anything. Do not accept any settlement offer. Do not cash any check from the railroad. Set all social media to private. Contact a lawyer who knows FELA immediately. Under FELA’s anti-waiver provision (45 U.S.C. § 55), any contract, rule, or device designed to exempt the railroad from FELA liability is void — but the family must be in a position to challenge any document they have already signed, which requires legal representation as soon as possible. If you have already signed something, that document may not be the end of the story, but you need a lawyer to evaluate it immediately.
Does it matter that the railcars were carrying hazardous materials?
It may. Three derailed railcars were carrying potentially hazardous materials. The city manager stated there was no immediate risk to the public, but that assessment may change as the investigation continues. If any hazardous material was released — even in small quantities — it could generate medical monitoring claims for those exposed and environmental remediation costs. The hazardous materials aspect also raises questions about the railroad’s compliance with federal hazardous materials handling regulations and whether the presence of hazmat cars in the consist affected the severity of the derailment or the emergency response.
How does the firm get paid?
We work on contingency. We do not get paid unless we win your case. The fee is 33.33% if the case resolves before trial and 40% if it goes to trial. The consultation is free. The call is 1-888-ATTY-911. We are available 24/7 — not through an answering service, but with live staff who can take your call at any hour.
Why Our Firm
Ralph Manginello has spent 27+ years in courtrooms, including federal court. He is admitted to the State Bar of Texas (Bar #24007597, licensed November 6, 1998) and the U.S. District Court for the Southern District of Texas. He is a member of the Texas Trial Lawyers Association and the Houston Bar Association. Before he was a lawyer, he was a journalist — which means he was trained to find the facts that someone does not want found. He has spent his career representing injured people against corporations and insurance companies that would rather those people stay quiet and take what they are offered. He is lead counsel in the active $10M+ hazing lawsuit against Pi Kappa Phi and the University of Houston (Harris County, 2025). More about Ralph is here.
Lupe Peña is a former insurance-defense attorney. He spent years inside a national defense firm — the rooms where adjusters and their software decided how to deny, delay, and devalue claims exactly like yours. He knows how the reserve is set in the first 48 hours, how the recorded-statement call is engineered, how the surveillance works, and how the IME doctor is selected. Now he sits on your side of the table. He is admitted to the State Bar of Texas (Bar #24084332, licensed 2012) and the U.S. District Court for the Southern District of Texas. He is fluent in Spanish and conducts full client consultations in Spanish without an interpreter. More about Lupe is here.
Together, we handle wrongful death claims, workplace accident cases, and commercial truck crash cases — including the kind of oilfield truck accidents that are part of the daily reality of Reeves County and the Permian Basin. The firm has recovered more than $50 million for injured clients. We operate from offices in Houston and Austin, with client meetings available in Beaumont and the Golden Triangle. We serve families across Texas.
These cases are won on the company’s choices — which is exactly what we go find. The evidence the railroad hopes the family never demands. The crossing signal records the railroad hopes no one requests by name. The prior stuck-vehicle complaints the railroad hopes were culled before anyone asked. The event recorder data the railroad hopes was overwritten before a preservation letter arrived. We know what to demand because we know what the railroad is required to keep — and we know how fast the law lets them destroy it.
The Call That Starts the Clock Working for You
The railroad’s investigators were at the scene within hours. The railroad’s claims representatives are already building their file. The railroad’s lawyers are already reviewing the evidence. Every hour that passes without a preservation letter is an hour closer to the proof being legally gone.
The call is free. The consultation is confidential. We do not get paid unless we win your case. The number is 1-888-ATTY-911. We are available 24/7 — live staff, not an answering service. Hablamos Español.
If you are the family of one of the two Union Pacific workers killed in Pecos on December 16, 2024, or if you are one of the three people injured in the derailment, the most important thing you can do right now is make the call that starts the evidence-preservation clock working for you instead of against you. The railroad has already started its clock. It is time to start yours.
Past results depend on the facts of each case and do not guarantee future outcomes. This page is legal information, not legal advice. Contacting the firm is free and confidential. Call 1-888-ATTY-911 or contact us today.
