Fresno Train Accident Attorney

Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents train and rail accident victims in Fresno and throughout the Central Valley. The Amtrak Gold Runner — formerly the San Joaquins, rebranded in 2025 — operates multiple daily round trips through Fresno's station on its Bakersfield-to-Oakland/Sacramento corridor, making Fresno one of the route's primary stops. The route is Amtrak's seventh-busiest nationally and its third-busiest in California, serving over 847,000 passengers in fiscal year 2023. Union Pacific freight trains also operate on tracks through Fresno County. Train accident claims are legally distinct from car accident claims and are governed by a combination of federal rail safety law, California tort law, and federal preemption doctrine.

Fresno's Rail Infrastructure

The Fresno Amtrak station at 2650 Tulare Street, Fresno, CA 93721 is served daily by Gold Runner trains in both directions. The route connects Fresno to Bakersfield to the south and to Stockton, Oakland, Sacramento, and intermediate Valley cities to the north. Thruway bus connections from Fresno extend service to Yosemite Valley, Los Angeles, San Francisco, and other destinations. The rail corridor through Fresno County runs through active agricultural and industrial areas, with numerous grade crossings where vehicles must cross active tracks.

Grade crossing accidents — collisions between a train and a vehicle at a road crossing — are the most common category of rail-related personal injury in the Central Valley. Platform injuries, passenger falls during boarding and alighting, and slip-and-fall incidents in station facilities are other categories. Trespassers injured on rail rights-of-way present a distinct legal analysis from passenger or crossing claims.

Federal Rail Safety Law and Preemption

The Federal Railroad Safety Act, codified at 49 U.S.C. section 20101 et seq., authorizes the Federal Railroad Administration to prescribe regulations for railroad safety. Where the FRA has issued a regulation covering a particular subject, state law claims based on that subject may be preempted. The scope of preemption is contested territory: the Supreme Court in CSX Transportation, Inc. v. Easterwood (1993) 507 U.S. 658 held that FRA speed regulations preempt state excessive speed claims, but that negligence claims based on a railroad's failure to clear vegetation at crossings were not preempted. Federal preemption in rail cases is case-specific and depends on whether the FRA has “substantially subsume[d]” the subject matter at issue.

Grade crossing warning device standards are governed by the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), which carries federal regulatory authority. Where a crossing accident occurred at an intersection with inadequate warnings — missing or malfunctioning signals, obscured sight lines, inadequate signage — claims against both the railroad and the public entity responsible for the crossing may be available, subject to preemption analysis.

Liability Standards

Railroad carriers owe a duty of reasonable care to passengers. As a common carrier, Amtrak and other passenger rail operators are held to the highest degree of care consistent with the practical operation of their trains. Nunez v. Superior Court (2021). California Civil Code section 2100 provides that a carrier of persons for reward must use the utmost care and diligence for the safe carriage of passengers. The full text of Civil Code section 2100 is at leginfo.legislature.ca.gov. This is a higher standard than the ordinary reasonable care standard that applies to most negligence claims.

The foundational negligence duty under Civil Code section 1714(a) applies to grade crossing accidents and other non-passenger claims. The full text of Civil Code section 1714 is at leginfo.legislature.ca.gov. A railroad has a duty to sound warnings at crossings, operate at safe speeds for conditions, and maintain its equipment and right-of-way in a manner that reduces foreseeable risks to those who may encounter the train.

Claims Against Amtrak

Amtrak is a federally chartered corporation. Claims against Amtrak are governed by federal law, but are generally brought in state or federal court under ordinary tort principles. Amtrak does not enjoy sovereign immunity from tort claims. However, Amtrak is subject to liability caps in major rail accidents under the Passenger Rail Investment and Improvement Act of 2008, which limits Amtrak's aggregate liability in a single accident to $200 million. Individual claims below this cap are not limited.

Government Entity Claims — Grade Crossings

Where a grade crossing accident involved a crossing maintained by a public entity — a city or county road department — the public entity may be liable for a dangerous condition of public property under Government Code section 835. Claims against public entities require a tort claim filed within six months of the incident under Government Code section 911.2. Failure to timely file can potentially bar the claim. Tolling may apply depending on the facts.

Damages

Recoverable damages under Civil Code section 3333 include medical expenses, lost wages and earning capacity, pain and suffering, and emotional distress. For fatal rail accidents, wrongful death and survival claims are available under Code of Civil Procedure sections 377.60 and 377.30.

Filing a Lawsuit in Fresno County Superior Court

Train accident lawsuits arising in Fresno County are filed in the Fresno County Superior Court, B.F. Sisk Courthouse, 1130 O Street, Fresno, CA 93721. Federal claims may be filed in the Eastern District of California. Electronic filing is mandatory for represented parties in unlimited civil actions under Code of Civil Procedure section 1010.6(g).

Statute of Limitations

The statute of limitations for personal injury claims is two years from the date of injury under Code of Civil Procedure section 335.1. Claims against public entities require a tort claim within six months under Government Code section 911.2. Missing these deadlines can potentially bar a lawsuit. Contact Attorney Michael Rehm to assess the specific timeline in your case.

Attorney Michael Rehm handles train and rail accident cases throughout Fresno and the Central Valley on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.