Slate’s Law Blog

Train Accidents Involving Pedestrians

Trains are part of the mythos of the Western United States. Back East, people travel by car or by plane to ride Old Thunder Mountain Railroad at Disney World in Florida, but here in New Mexico, we have the real thing. A century before the Eagles sang of traveling on a “dark desert highway” by car, trains were the way to travel to New Mexico or through it. In the 19th and early 20th centuries, trains were a way to see the world; the train trip was as much an adventure as the destination. 

People used to fear train derailments the way that people today fear plane crashes and car accidents, even though deadly train accidents are rare. Meanwhile, trains pose at least as much of a danger to pedestrians as cars do. It is much easier for the driver of a car to stop, or at least swerve, if someone is in the car’s path. Trains must stay on the rails, and their speed and weight make it difficult for them to brake quickly, as with trucks. Current railroad design makes it difficult for pedestrians to enter the tracks outside of authorized crossings, but incidents where trains strike pedestrians still happen, and they are often devastating. If you were injured in an accident involving a train, contact a Santa Fe personal injury lawyer.

Train Strikes Pedestrian Near Alamogordo

In June 2025, a train struck a pedestrian in Alamogordo. The pedestrian crossed the tracks at an area that was not a designated railroad crossing, and the train that struck the person was a Union Pacific Railroad train. First responders pronounced the pedestrian dead at the scene. It was a freight train, and the only people on board the train were members of the train crew; none of them were injured. The city closed the two nearest railway crossings while the incident was under investigation. News sources did not release the name of the victim or any other details about the accident.

The Legal Issues Surrounding Pedestrians Struck by Trains

The party that is usually legally responsible for an accident where a train strikes a car or pedestrian is usually the city or county responsible for the railroad crossing or area of railroad track where the accident occurred. For example, if the accident happened at a rail crossing, the problem might have been due to a problem with the signals or the gates. Likewise, cities where railroad tracks pass through have a responsibility to build barriers near the tracks to make it difficult for pedestrians to enter. In other words, premises liability laws usually apply when it comes to protecting motorists and pedestrians from hazards involving railroad tracks.

Contact Slate Stern About Train Accident Lawsuits

Slate Stern is a personal injury lawyer who represents plaintiffs injured in accidents involving railroad trains, railroad tracks, or railroad crossings, whether the victim was a pedestrian or an occupant of a car.  Contact Slate Stern in Santa Fe, New Mexico, or call (505)814-1517 to discuss your case.

Sources

https://www.koat.com/article/fatal-vehicle-versus-pedestrian-in-alamogordo/65236163

https://kvia.com/news/top-stories/2025/06/28/pedestrian-hit-by-train-dies/

Photo by Tom Barrett on Unsplash