Midland County Train-Truck Collision on Highway 80: What Happened, Who Is Liable, and What You Must Do Right Now
You were on Highway 80 in Midland County when the crossing came up — the one where SCR 1250 meets the tracks. A train hit a semi-truck carrying frozen food, and the news says no one was hurt. Maybe you were the driver of that truck. Maybe you were in the train’s cab. Maybe you were on the road nearby when the collision scattered frozen cargo across the rails and the asphalt. Whoever you are, you are reading this because something does not feel right. The adrenaline has started to fade. Your neck is stiff. Your head aches. You cannot sleep the way you used to. And someone — an insurance adjuster, a carrier representative, a railroad claims agent — has already called you to ask how you are feeling, and the recording is running.
We are Attorney911. We are a Texas trial firm that takes commercial-vehicle, railroad-crossing, and catastrophic-injury cases. We are writing this for one purpose: to give you, in plain language, everything we know about what a train-truck collision in Midland County actually means under the law — what the federal rules require, who can be held accountable, what evidence is already disappearing, and what your rights really are. Nothing here is legal advice for your specific case; it is legal information, and the contact at the end is free and confidential. But everything here is true, it is specific to this place and this kind of crash, and it is written by the people who would pick up the phone if you called tonight.
The Incident: What We Know About the Highway 80 and SCR 1250 Crossing Collision
On September 23, 2024, a semi-truck transporting frozen food was struck by a train at the railroad crossing where Highway 80 meets SCR 1250 in Midland County, Texas. The Texas Department of Public Safety is leading the investigation. Union Pacific Railroad was notified and dispatched personnel to the scene. Frozen food was scattered along the tracks and the roadway. Crews worked through the night to clear the crossing. The initial report says no injuries.
That last sentence — “no injuries” — is the one we need to talk about first, because it may be the most dangerous sentence in the entire report. Not because it is a lie, but because it is premature. “No injuries reported” in a news article is not a medical determination. It means no one was transported from the scene in an ambulance, or at least no one was reported as transported at the time the article went to press. It does not mean your body is fine. It does not mean the forces that acted on you left no mark. And it absolutely does not mean you have no legal claim.
A train-truck collision is not a fender-bender. The kinetic energy involved when a locomotive — which can weigh 200 tons or more — strikes a loaded semi-truck is immense. The truck may have been pushed, spun, or derailed from the crossing. The driver may have been thrown against the cab interior, the seatbelt, the steering wheel. The train crew may have been thrown forward by the emergency brake application. The forces are real, and the human body records them whether the news captures them or not.
The Federal Rule That Governs Every Commercial Truck at Every Railroad Crossing
There is a federal regulation that sits at the center of every train-truck collision case involving a commercial motor vehicle. It is 49 CFR 392.10, and it says this:
“A driver of a commercial motor vehicle shall not drive onto a railroad grade crossing without first stopping the vehicle within 50 feet of but not closer than 15 feet to the nearest rail, and shall not proceed until the driver has determined that it is safe to do so.”
In plain English: a professional truck driver is required by federal law to stop before every railroad grade crossing, look both ways, listen for a train, and only proceed when it is clear. This is not a suggestion. It is not a company policy. It is a federal regulation that applies to every commercial motor vehicle operator in the country, including every refrigerated-truck driver hauling frozen food through the Permian Basin.
If the truck driver did not stop — if the driver rolled through the crossing, or was distracted, or did not see the train because of an obstructed sightline — that is a violation of 49 CFR 392.10. Under Texas law, a violation of a statute designed to protect the public can be treated as evidence of negligence, and in some circumstances as negligence per se. That means the violation itself can carry presumptive weight against the truck driver and the motor carrier that employed or leased that driver.
But here is where the case gets complicated, and where most people — and most lawyers who do not handle grade-crossing cases — get it wrong. The truck driver’s duty to stop is only half the story. The other half is what the railroad did, what the crossing looked like, and whether the warning systems were working.
Who Is Liable When a Train Hits a Semi-Truck in Midland County
Liability in a train-truck collision is rarely as simple as “the truck should have stopped.” The law in Texas allows fault to be apportioned among multiple parties, and in a grade-crossing crash, there can be several:
The Semi-Truck Driver — If the driver failed to stop, failed to look, failed to listen, or failed to yield to the train, the driver bears proportionate responsibility. Trains have the right-of-way at grade crossings. That is the default rule. But the default rule is not the end of the analysis.
The Motor Carrier — The company that employed the driver, or that leased the truck under its operating authority, is vicariously liable for the driver’s negligence under the doctrine of respondeat superior. The carrier may also bear direct liability if it failed to train the driver on grade-crossing procedures, failed to supervise the driver’s route, or dispatched an unqualified driver onto a route with known rail crossings. The carrier’s DOT number, MCS-90 endorsement status, and safety fitness rating would be identified through the Texas DPS crash report and FMCSA SAFER database.
Union Pacific Railroad — Union Pacific is one of the largest Class I freight railroads in North America, operating approximately 32,000 route miles. It is a deep-pocket defendant with an established claims-management apparatus that typically mobilizes investigators to grade-crossing scenes within hours. But Union Pacific can bear proportionate responsibility if the crossing warning devices were malfunctioning, inadequately maintained, or improperly designed. If active warning devices — lights, bells, gate arms — were present but not working, or if sightlines were obstructed by vegetation or structures the railroad was responsible for maintaining, Union Pacific’s share of fault may be substantial.
The Crossing Signal Maintenance Entity — If signals or gate arms were present at this crossing but non-functional, the maintenance responsibility may be shared between the railroad and the public authority under the applicable crossing agreement. Rural West Texas crossings frequently lack automated gate arms entirely, and many have only passive crossbuck signage — a metal X-shaped sign that warns of the crossing but provides no active warning of an approaching train.
The Cargo Loader or Shipper — If the way the frozen food was loaded or secured contributed to the truck’s inability to clear the crossing — for example, if excess weight or shifting cargo affected braking distance or the truck’s ability to accelerate across the tracks — negligent loading under FMCSR could be implicated.
This is the key point: a train-truck collision in Midland County is not automatically the truck driver’s fault. It may be partly the railroad’s fault. It may be partly the crossing design’s fault. It may be partly the carrier’s fault for putting an untrained driver on that route. Texas applies a modified comparative negligence standard with a 51% bar, which means that if you are 51% or more at fault, you cannot recover — but if you are 50% or less at fault, your recovery is reduced by your percentage of fault, not eliminated. Every percentage point of fault the evidence can shift away from you and onto the railroad or the carrier is money in your recovery.
Why “No Injuries Reported” Does Not Mean You Are Not Injured
This is the section where we speak as the trauma surgeon and the treating specialist, because the medicine here is the part most people get wrong — and the part the insurance company is counting on you to get wrong.
When a train hits a truck, the forces transmitted to the human body inside that truck are enormous. A locomotive weighing 200-plus tons does not stop the way a car does. The truck is pushed, crushed, or spun. Inside the cab, the driver — even if belted — experiences rapid deceleration, lateral acceleration, or rotational forces. The head whips forward and back. The spine compresses. The brain strikes the inside of the skull. The chest hits the steering wheel or the seatbelt. The knees strike the dash.
In the first hours after the collision, adrenaline floods the body. Adrenaline is a powerful painkiller. It masks injuries. You may feel “shaken up” but “okay.” You may tell the responding officer you are not hurt. You may tell the EMT you do not need to go to the hospital. And all of that is recorded — and all of it will be used against you later.
Here is what trauma medicine knows about delayed-onset injuries after high-impact collisions:
Musculoskeletal injuries — Soft-tissue injuries to the neck, back, and shoulders may not declare themselves for 24 to 72 hours. The inflammation builds. The stiffness worsens. By day three, you may not be able to turn your head. Whiplash-associated disorders, cervical strain, lumbar sprain — these are real injuries with real diagnostic findings, even when the initial exam was “normal.”
Closed-head injury and concussion — You did not have to lose consciousness to have a brain injury. The medical standard is clear: a brief loss of consciousness is sufficient but not necessary to diagnose a mild traumatic brain injury. Feeling dazed, confused, or “not right” at the scene is enough. And the symptoms — headaches, dizziness, memory gaps, difficulty concentrating, irritability — can emerge over days. A “mild” brain injury can leave lasting cognitive deficits. In the largest studies, at least one in seven people with a so-called mild brain injury never fully recovers.
Spinal injury — Compression forces from a train collision can injure the spinal cord or the spinal ligaments even when the bones are not broken. A central cord syndrome — where the arms are weaker than the legs — can develop after hyperextension of the neck, even without a fracture. The MRI may be the only test that shows it, and the MRI may not be ordered until weeks later when the symptoms have not resolved.
Internal injury — Seatbelt injuries can cause mesenteric tears, bowel contusions, or splenic injury that present with delayed abdominal pain. A delayed rupture of the spleen is a recognized, life-threatening complication of blunt abdominal trauma that can present hours to days after the impact.
Psychological trauma — The emotional impact of being hit by a train — the noise, the violence, the helplessness — can produce post-traumatic stress disorder, acute stress disorder, or persistent anxiety. These are diagnosable, treatable medical conditions, not weaknesses. They are compensable injuries under Texas law.
If you were involved in this collision and you have not been seen by a doctor, that is the first thing you should do. Not tomorrow. Today. Tell the doctor everything — every symptom, every ache, every moment of confusion. Let the medical record reflect what happened to your body. The medical record is the foundation of the case, and a gap between the collision and the first documented complaint is the gap the defense will drive a truck through.
The Evidence That Is Already Disappearing
This is the section where we speak as the compliance and evidence expert — and where the clock is already running.
Every train-truck collision generates a set of records that prove what happened. Those records exist right now, on September 23 and the days following. Some of them are on short timers. Some of them will be legally destroyed before a case is ever filed if no one demands they be preserved.
Train event recorder and locomotive camera footage — Modern locomotives are equipped with event recorders that capture train speed, throttle position, brake applications, horn activation, and bell activation. Many also have forward-facing cameras that record the approach to the crossing, the collision itself, and the aftermath. This data is critical to apportioning fault between the railroad and the truck — it shows whether the horn was sounded, whether emergency braking was applied, how fast the train was traveling, and the precise sequence of impact. Union Pacific typically preserves locomotive recorder data per FRA requirements, but internal retention policies may cycle or overwrite storage. A preservation demand should go out within 48 hours.
Truck EDR / engine control module data — The truck’s electronic data recorder shows vehicle speed, brake application, throttle position, and whether the driver slowed or stopped approaching the crossing. This is directly relevant to the 49 CFR 392.10 compliance question — did the driver stop, or not? EDR data can be overwritten if the vehicle is returned to service. Immediate preservation demand to the carrier and physical impoundment of the tractor are essential.
Grade-crossing signal inspection and maintenance records — If active warning devices were present at this crossing, their inspection history and any malfunction logs determine whether the railroad shares fault. Records may exist in FRA and railroad archives, but post-incident repair orders can alter the physical scene within days. The crossing itself — the signage, the sightlines, the vegetation, the road approach grade — is physical evidence that will be altered within 24 to 48 hours as crews clear the debris and restore the crossing to service.
Texas DPS crash report (CR-3) — The official investigation report will contain witness statements, measurements, a diagram, and the investigating officer’s assessment of contributing factors. This is foundational to any claim. It is typically available within 10 to 14 business days but can take longer. Early request ensures counsel receives the first production.
Driver qualification file and ELD / hours-of-service records — These records establish whether the driver was qualified, trained on grade-crossing procedures, and within hours-of-service limits at the time of the collision. ELD data must be retained for a period under FMCSR rules, and driver qualification files are subject to routine purging under FMCSR retention schedules. A preservation demand freezes these before the retention clock runs them out.
Scene photography and crossing geometry documentation — The sightlines, signage condition, vegetation obstruction, roadway approach grade, and any evidence of prior near-miss markings are all relevant to crossing-design and signal-failure theories. Scene remediation and cargo cleanup were underway the same night; physical evidence at the crossing will be altered within 24 to 48 hours. If you or anyone with you took photographs or video at the scene, preserve them immediately — do not delete anything, do not post anything to social media, and do not give your phone to anyone.
The single most important step in the first 72 hours is a written preservation demand — a spoliation letter — sent to the motor carrier, to Union Pacific, and to any third-party data vendor that holds telematics or camera footage. That letter puts every entity on notice that the evidence must be preserved, and it creates legal consequences if the evidence later “disappears.” We send those letters the day someone calls us. Not the week after. Not the month after. The day.
The Defendant: Union Pacific Railroad and the Crossings of the Permian Basin
Midland County sits in the heart of the Permian Basin, a region with extremely heavy commercial truck traffic servicing oilfield operations, food distribution, and industrial supply chains. Highway 80 is a historic east-west U.S. highway that runs parallel to I-20 through the Midland-Odessa corridor and intersects numerous Union Pacific rail lines that service the region’s petrochemical and freight logistics networks. SCR 1250 is a county road designation typical of the Midland County grid system.
Rural grade crossings in this area frequently lack automated gate arms or may have only passive crossbuck signage. This matters enormously. A crossing with only a passive crossbuck — a metal sign that says “Railroad Crossing” — places the entire burden of detection on the driver’s eyes and ears. There are no flashing lights. There are no descending gates. There is no bell. If the sightline is compromised by vegetation, terrain, a curve in the road, or the angle of the sun, a driver approaching the crossing may have very little time to see a train — and a train traveling at track speed may have very little time to stop.
This is why the crossing’s design and warning-device configuration is central to any collision reconstruction. The Federal Railroad Administration maintains a Grade Crossing Inventory that documents every public crossing in the country — what warning devices are installed, when they were last inspected, and what the crossing’s geometry looks like. That inventory record is public, and it is one of the first things we pull in a grade-crossing case.
Union Pacific, as a Class I railroad, operates under FRA jurisdiction and must comply with track safety standards, operating rules, and hours-of-service regulations for train crews. The railroad’s own operating rules typically require the engineer to sound the locomotive horn at a specified distance before the crossing and to ring the bell until the crossing is occupied. If the horn was not sounded — if the event recorder shows no horn activation — that is evidence of crew negligence that shifts fault toward the railroad.
The railroad’s claims apparatus is already at work. Union Pacific has investigators who are dispatched to grade-crossing scenes within hours. Their job is to document the scene in a way that supports the railroad’s position — which is almost always that the truck driver failed to yield. They are professionals. They are thorough. And they are not on your side. Everything they collect will be used to minimize the railroad’s share of fault and maximize the truck driver’s share. That is their job. Your lawyer’s job is to do the same thing from your side — and to do it at least as fast.
Texas Comparative Negligence: How Fault Is Apportioned in a Train-Truck Collision
Texas applies a modified comparative negligence standard. The rule is straightforward in principle and complex in application:
If you are 51% or more at fault, you cannot recover anything. If you are 50% or less at fault, your recovery is reduced by your percentage of fault — but it is not eliminated.
In a train-truck collision, the fault allocation is the entire battle. The truck driver may have failed to stop — but if the crossing signals were broken, or the horn was not sounded, or the vegetation obstructed the sightline, the railroad’s percentage of fault may be substantial. Every point of fault that the evidence can shift to the railroad or to the crossing-maintenance entity is money that stays in your recovery.
Texas also follows a joint and several liability system that is partially proportionate. Defendants above a certain fault threshold may be jointly liable for economic damages. This means that if the railroad is found to be, say, 30% at fault but the motor carrier is insolvent or underinsured, the railroad may be on the hook for a larger share of the economic damages than its percentage would suggest. The exact thresholds and application of this rule are matters for case-specific analysis, but the strategic implication is clear: naming every potentially liable party — the carrier, the railroad, the signal-maintenance entity — maximizes the recovery pool and the leverage.
The statute of limitations for personal injury and property damage claims in Texas is two years from the date of the incident. That means the deadline to file a lawsuit arising from this September 23, 2024 collision is September 23, 2026. Two years sounds like a long time. It is not. The first six months are consumed by medical treatment, investigation, evidence preservation, and record collection. The next six months are consumed by expert retention, reconstruction, and demand preparation. By the time you are ready to file, the deadline is close — and if you miss it, your case is gone forever, no matter how strong it is.
The Insurance Reality: Where the Money Actually Is
This is the section where we speak as the insurance-defense insider — because Lupe Peña spent years inside a national insurance-defense firm, and he knows exactly how the other side prices a claim, sets a reserve, and decides what to pay.
In a train-truck collision, the insurance picture is layered. The truck’s motor carrier may carry the federal minimum of $750,000 in liability coverage for non-hazardous property transport, or far more if it is a larger fleet. Union Pacific, as a Class I railroad, is a self-insured entity with effectively unlimited balance-sheet capacity — but it does not pay claims voluntarily. It pays claims when the evidence forces it to, and it fights every percentage point of fault.
Here is what happens in the first 48 hours after a collision like this, from the inside:
The carrier’s insurer opens a file. An adjuster is assigned. The adjuster’s first job is to set a reserve — the amount the insurer estimates it will cost to resolve the claim. If “no injuries” is the initial report, the reserve is set low. A low reserve means the adjuster has little authority to offer money, and it means the claim is being treated as minor — before any medical records exist to contradict that assumption.
Then the adjuster calls you. The call sounds friendly. “Just checking in.” “How are you feeling?” “Can you tell me what happened?” You say you are feeling okay. You say you think you are fine. That statement is recorded. That recording will be transcribed. And that transcript will be used to lock in the narrative that you were not hurt — before the delayed-onset injuries have even had time to appear.
The adjuster may also send you a medical authorization form. It looks routine. It is not. That authorization may give the insurer the right to pull your entire medical history — not just the records related to this collision — and comb through it for pre-existing conditions to blame your symptoms on. Do not sign it without talking to a lawyer.
There may also be a quick settlement offer — a check for a few thousand dollars, accompanied by a release. The release is a legal document that, once signed, extinguishes your right to seek any further compensation for the collision. If you sign it before the MRI results come back, before the concussion symptoms manifest, before the neck stiffness becomes a herniated disc — you have traded a lifetime of medical care and lost wages for a check that does not cover one month of physical therapy.
Here is the counter to each play:
The recorded statement — You are not required to give a recorded statement to the other side’s insurer. You are not required to give one to your own carrier without understanding your policy’s cooperation clause. Say this: “I am not giving a recorded statement at this time. I will contact you when I am ready.” Then call a lawyer.
The medical authorization — Do not sign a blanket medical authorization. If treatment records need to be shared, your lawyer controls what is produced and what is not. The insurer is entitled to records related to the collision — not to your entire medical history.
The quick settlement check — Do not cash a check from the other side’s insurer and do not sign a release. Any check you receive in the first weeks is designed to close your claim cheaply before the full extent of your injuries is known. Once you sign the release, the claim is over — even if the MRI shows a herniated disc the next week.
The surveillance and social-media monitoring — The insurer may monitor your social media. A photograph of you smiling at a family barbecue will be used to argue you are not in pain. Set your accounts to private. Do not post about the collision, your injuries, your activities, or your recovery. Do not discuss the case with anyone except your lawyer and your doctor.
What a Train-Truck Collision Case Is Actually Worth
The value of a train-truck collision case depends on one thing above all others: the medical records. No documented injury means no personal-injury claim — it means a property-damage dispute that is resolved through subrogation or commercial claims. With no confirmed injuries as of the initial report, the immediate value of this incident is confined to property damage and cargo loss.
But if injuries emerge — and they can, in the hours and days after impact — the value escalates substantially. The case-value range we work with, honestly framed, spans from approximately $15,000 on the low end to $750,000 on the high end, depending on the severity of the injuries, the clarity of the liability evidence, and the allocation of fault.
Low end ($15,000 to $50,000): Soft-tissue injuries — whiplash, cervical strain, lumbar sprain — that resolve with conservative treatment (physical therapy, medication, time) within three to six months. Liability is contested but the truck driver bears the majority of fault. No surgery. No permanent impairment.
Mid-range ($75,000 to $250,000): Documented injuries requiring more extensive treatment — herniated disc with epidural injections, concussion with persistent post-concussion symptoms, fractures requiring non-surgical management. Liability is shared between the carrier and the railroad. Medical bills are significant but not catastrophic. Lost wages are recoverable but the earning-capacity impact is limited.
High end ($300,000 to $750,000+): Serious injuries requiring surgery — spinal fusion, shoulder repair, traumatic brain injury with lasting cognitive deficits. Liability evidence is strong, with signal-maintenance failures or horn-activation failures documented. The railroad bears a meaningful share of fault. Medical expenses are substantial, lost earning capacity is significant, and non-economic damages for pain, suffering, and physical impairment are considerable.
These ranges are honest estimates based on the facts available, not guarantees. Past results depend on the facts of each case and do not guarantee future outcomes. The actual value of any specific case depends on the medical records, the liability evidence, the defendant’s coverage, and the jurisdiction — and the only way to know what your case is worth is to have it evaluated by a lawyer who handles these cases.
If you were involved in the Permian Basin’s commercial trucking corridors — whether hauling oilfield supplies, food distribution, or industrial freight — the same legal and regulatory framework applies. We handle Texas oilfield and commercial truck accident cases across the Midland-Odessa corridor and throughout the state.
The First 72 Hours: What You Should Do Right Now
Hour 1 through 24:
Seek medical evaluation. Go to an urgent care clinic, an emergency room, or your primary care physician. Tell them you were in a train-truck collision. Describe every symptom — every ache, every headache, every moment of confusion, every sleep disturbance. Let the medical record reflect what happened to your body. Do not minimize. Do not say “I’m fine” if you are not fine.
Do not give a recorded statement to any insurance adjuster — not the truck carrier’s, not Union Pacific’s, not any third-party investigator. Say: “I am not prepared to give a statement at this time. I will contact you when I am ready.” Then call a lawyer.
Do not sign any document from any insurance company. Not a medical authorization. Not a release. Not a settlement agreement. Not a “proof of loss” form. Nothing.
Do not post about the collision on social media. Do not discuss it with friends in text messages that can be subpoenaed. Set your accounts to private.
Hour 24 through 72:
If you have not already, contact a lawyer who handles commercial truck and railroad-crossing cases. The preservation letter — the document that orders every entity to freeze the evidence — needs to go out within this window. The train event recorder data, the truck EDR data, the locomotive camera footage, the signal inspection records, and the scene evidence are all on short timers.
If you took photographs or video at the scene, preserve them. Do not delete anything from your phone. Back up your photographs to a cloud service or a separate device. If there were witnesses, write down their names and contact information while you still remember them.
Keep a daily symptom journal. Write down how you feel each day — the pain, the stiffness, the headaches, the sleep problems, the anxiety. This journal is not for social media. It is for your lawyer and your doctor. It documents the progression of your symptoms in real time, and it is powerful evidence.
Day 3 through Day 14:
Follow your doctor’s treatment plan. Go to every appointment. Do every exercise the physical therapist assigns. Fill every prescription. The medical record is the case — gaps in treatment are gaps the defense will exploit. If you are referred to a specialist — an orthopedist, a neurologist, a neuropsychologist — go. If an MRI is ordered, get it. The medical record tells the story of what happened to your body, and it is the single most important document in any personal-injury claim.
If you were the driver of the semi-truck, understand that your motor carrier’s insurer and Union Pacific’s claims team are both building their files right now. The carrier’s insurer is building a file that supports the driver’s fault — because the driver’s fault limits the carrier’s exposure. Union Pacific’s claims team is building a file that supports the truck’s fault — because the truck’s fault limits the railroad’s exposure. No one is building a file that supports you. That is your lawyer’s job.
For more on what happens when a commercial truck is involved in a serious collision, our 18-wheeler accident practice page walks through the FMCSR framework, the evidence-preservation timeline, and the defendant-identification process in detail. And if you are wondering whether you even have a case worth pursuing, our short video Can I Sue for Being Hit by a Semi-Truck? answers the threshold questions directly.
Frequently Asked Questions
Is a train-truck collision always the truck driver’s fault?
No. Trains have the right-of-way at grade crossings, and federal law requires commercial truck drivers to stop and check for trains before proceeding. But the railroad can share fault if the crossing warning devices were malfunctioning, if the train crew failed to sound the horn, if vegetation or structures obstructed the driver’s sightline, or if the crossing design was inadequate. Texas comparative negligence allows fault to be split among multiple parties — and every percentage point shifted to the railroad or the signal-maintenance entity increases your recovery.
The news says no injuries were reported. Can I still file a claim?
Yes — if you have a documented injury. “No injuries reported” in a news article is not a medical determination. It means no one was transported from the scene at the time of the report. Delayed-onset injuries — whiplash, concussion, spinal injury, internal injury — can manifest hours or days after a high-impact collision. If you were involved and you are experiencing symptoms, seek medical evaluation immediately. Your legal rights depend on what the medical records show, not what the initial news cycle reported.
How long do I have to file a lawsuit in Texas?
Two years. The Texas statute of limitations for personal injury and property damage claims is two years from the date of the incident. For this collision on September 23, 2024, the deadline is September 23, 2026. But the evidence-preservation window is far shorter — the truck’s black-box data, the train’s event recorder, the locomotive camera footage, and the scene evidence all deteriorate or are legally destroyed within days to months. The deadline to sue is two years. The deadline to save the proof is now.
What if the truck driver was partly at fault?
Under Texas’s modified comparative negligence rule, you can still recover as long as you are not 51% or more at fault. Your recovery is reduced by your percentage of fault. If the truck driver bears 70% of the fault and the railroad bears 30%, the railroad pays its share — and depending on how Texas’s joint and several liability rules apply, the railroad may be responsible for more than its proportionate share of economic damages. Partial fault does not eliminate your claim. It reduces it.
What evidence disappears fastest after a train-truck collision?
The fastest-dying evidence is the physical scene — the debris field, the tire marks, the vegetation, the signage condition, the crossing geometry — which is altered within 24 to 48 hours as crews clear the roadway. Next is the locomotive camera footage and the train event recorder data, which may be cycled or overwritten under Union Pacific’s internal retention policies. Then the truck’s EDR data, which can be overwritten if the truck is returned to service. A written preservation demand sent to the carrier and the railroad within the first 48 to 72 hours is the only reliable way to freeze this evidence before it disappears.
Should I give a recorded statement to the insurance company?
No. Not without a lawyer present. The recorded statement is designed to lock in a narrative favorable to the insurer before you know the full extent of your injuries. The adjuster will ask how you are feeling. If you say “I’m okay” — because you are still running on adrenaline and have not yet seen a doctor — that statement will be used to argue you were not injured. Say: “I am not prepared to give a recorded statement at this time.” Then call a lawyer.
How much is my train-truck collision case worth?
It depends entirely on the medical records and the liability evidence. With no confirmed injuries, the case is a property-damage matter. With documented soft-tissue injuries, the case may be worth $15,000 to $50,000. With documented injuries requiring surgery or producing lasting impairment, the case may be worth $300,000 to $750,000 or more. The only way to know is to have the case evaluated by a lawyer who handles commercial truck and railroad-crossing cases. We offer that evaluation for free.
Does Union Pacific have to pay if the crossing signals were broken?
Potentially, yes. If the crossing had active warning devices — lights, bells, gate arms — and they were malfunctioning or not properly maintained, Union Pacific may bear proportionate responsibility for the collision. The signal inspection and maintenance records, which can be demanded through a preservation letter and obtained through discovery, are the proof. If the crossing had only passive crossbuck signage with no active warnings, the crossing-design and adequacy-of-warning theories become central — and the entity responsible for the crossing’s design and maintenance, which may include the railroad and the public authority, becomes a target.
Why This Firm
We are Attorney911 — The Manginello Law Firm, PLLC. We have been taking Texas cases since 2001. Our managing partner, Ralph Manginello, has been licensed in Texas since 1998 — 27 years. He is a journalist who became a lawyer, and he approaches every case the way a reporter approaches a story: find the facts, find the proof, and make the other side answer for what they did. He is admitted to the U.S. District Court for the Southern District of Texas, including its Bankruptcy Court. He is a member of the Texas Trial Lawyers Association and the Houston Bar Association.
Lupe Peña is our associate attorney, licensed in Texas since 2012. Before he joined this firm, Lupe spent years inside a national insurance-defense firm — the rooms where adjusters and their software decide how to deny, delay, and devalue claims. He knows how the reserve is set. He knows how the recorded statement is engineered. He knows which doctor the insurer sends you to for an “independent” medical examination and why that doctor’s report always says you are fine. He uses that knowledge for injured clients now, and he conducts full consultations in Spanish without an interpreter.
We work on contingency. That means we do not get paid unless we win your case. The fee is 33.33% before trial and 40% if the case goes to trial. The consultation is free. The phone is answered 24 hours a day, seven days a week — by live staff, not an answering service.
If you were involved in the train-truck collision at Highway 80 and SCR 1250 in Midland County on September 23, 2024 — or if you were involved in any train-truck collision in the Permian Basin or anywhere in Texas — call us. The number is 1-888-ATTY-911. That is 1-888-288-9911. The call is free. The conversation is confidential. And the first thing we do, the day you call, is send the letter that freezes the evidence before it disappears.
Past results depend on the facts of each case and do not guarantee future outcomes. This page is legal information, not legal advice. But every word of it is true, and every fact in it is specific to the collision that happened on Highway 80 in Midland County and to the law that governs it.
Hablamos Español. Lupe Peña conducts full consultations in Spanish. If your family speaks Spanish at the kitchen table, we speak it at the conference table.
The evidence is disappearing. The clock is running. The adjuster has already called. Call us back — at 1-888-ATTY-911 — and let us put someone on your side who knows exactly how this fight goes.