Legally reviewed by Colleen M. Blinkoff - Doran & Murphy, PLLC
Railroad workers injured in collisions or derailments may have important rights under the Federal Employers’ Liability Act (FELA).
On September 3, 2026, the Federal Railroad Administration (FRA) issued Safety Advisory 2026-01 concerning restricted speed, warning railroads and their employees about the serious safety consequences that can result when trains and other railroad equipment fail to comply with restricted-speed requirements.
The advisory follows seven recent train accidents that, according to the FRA’s preliminary investigations, appear to have involved failures to comply with restricted-speed operating rules or related signal indications. The accidents included collisions, derailments, and other incidents involving both freight and passenger trains. One of the incidents resulted in injuries to passengers and crew members.
For railroad employees, the FRA’s warning is important for another reason: when a railroad’s failure to follow restricted-speed requirements contributes to an accident, railroad workers can suffer serious and sometimes life-changing injuries.
For injured railroad workers, the circumstances surrounding an accident may also be important when evaluating a potential claim under the Federal Employers’ Liability Act.
What Is “Restricted Speed” on a Railroad?
Restricted speed is not simply a rule that says a train may travel at a certain maximum number of miles per hour.
The FRA’s Safety Advisory explains that restricted speed generally requires a train or other railroad equipment to operate at a speed that allows it to stop within one-half of the operator’s range of vision, while not exceeding 20 miles per hour unless the railroad’s operating rules impose a lower limit.
That distinction is critical.
The FRA emphasizes that restricted speed is a dynamic requirement, rather than simply a numerical speed limit. The crew must continually evaluate the conditions ahead and adjust the train’s speed accordingly.
Factors that can affect the appropriate speed include:
- Visibility;
- Darkness and weather conditions;
- Curves and other track characteristics;
- Grade;
- Train length and tonnage;
- Braking characteristics;
- The condition of the rail;
- The presence of other trains or railroad equipment; and
- Other obstructions or hazards on the track.
The FRA specifically explains that the requirement to be able to stop within one-half the range of vision is the controlling element of restricted speed. In other words, simply traveling at or below 20 mph does not necessarily mean that a train is complying with restricted-speed requirements.
Why Restricted Speed Matters for Railroad Worker Safety
A railroad employee does not have to be traveling at an extremely high speed for a collision to cause serious injuries.
Trains and locomotives are massive pieces of equipment. Even relatively low-speed collisions can generate substantial forces and cause railroad workers to be thrown, struck, or subjected to sudden acceleration and deceleration.
Depending upon the circumstances, a collision or derailment can result in injuries such as:
- Back and neck injuries;
- Spinal cord injuries;
- Traumatic brain injuries;
- Shoulder and other joint injuries;
- Broken bones;
- Soft-tissue injuries;
- Knee and leg injuries;
- Hearing injuries;
- Psychological trauma;
- Repetitive or aggravation injuries; and
- Permanent disabilities.
A railroad employee may also be injured while attempting to respond to an accident or during the emergency evacuation of a locomotive or train.
The FRA’s latest advisory underscores the connection between restricted-speed violations and accidents. The agency states that restricted-speed violations are among the most serious operational infractions in the railroad industry because of their strong association with rear-end collisions, sideswipes, injuries, and yard accidents.
The FRA Identified Seven Recent Accidents
The new Safety Advisory identifies seven recent collisions that the FRA says appear to have involved failures to comply with restricted-speed operating rules or related signal indications.
The incidents occurred between February 2024 and May 2026.
Among the accidents identified by the FRA:
- On May 18, 2026, a train traveling approximately 13 mph was involved in an accident that resulted in six freight cars derailing.
- On January 30, 2026, a moving train traveling approximately 27 mph collided with a standing train, derailing equipment.
- On December 19, 2025, passenger equipment derailed at approximately 17 mph, resulting in injuries to passengers and crew members.
- On December 23, 2024, a train traveling approximately 30 mph was involved in an accident that resulted in four locomotives and four freight cars derailing.
- On December 6, 2024, a moving train traveling approximately 20 mph derailed six freight cars, while a standing train derailed 12 cars.
- On March 2, 2024, a three-train collision resulted in multiple locomotives and freight cars derailing.
- On February 22, 2024, a freight train traveling approximately 12 mph collided with a helper train.
The FRA cautions that the information concerning these incidents is based on preliminary investigations and findings to date.
That qualification is important. The advisory does not establish legal liability for any particular accident. But it does identify a significant safety concern and provides a roadmap for the kinds of issues that should be examined when investigating a railroad accident.
PTC Does Not Replace the Engineer’s Responsibility to Operate at a Safe Restricted Speed
One of the most significant aspects of the FRA’s new Safety Advisory is its discussion of Positive Train Control (PTC).
The FRA says its operational testing data suggests a concerning trend in PTC-governed territory. According to the agency, some train crews may be relying on PTC-enforced speed limits while operating in Restricted Mode rather than independently determining whether the train can actually stop within one-half of the crew’s range of vision.
The FRA makes clear that PTC does not eliminate the crew’s responsibility to comply with restricted-speed requirements.
PTC may enforce a particular speed limit, but it does not necessarily account for every circumstance that can affect stopping distance.
For example, the FRA specifically identifies:
- Limited visibility;
- Train length and tonnage;
- Braking capability;
- Grade;
- Curvature;
- Wet leaves;
- Frost;
- Ice; and
- Contaminated rail.
The FRA also emphasizes that PTC in Restricted Mode does not detect certain hazards, including misaligned switches or standing equipment, and does not provide the visual protection that comes from a crew member actually observing the track ahead.
This distinction could become particularly important when determining why a collision occurred and whether an injured railroad employee’s injuries were caused, in whole or in part, by negligent conduct.
How Failure to Follow Restricted Speed Can Lead to Railroad Worker Injuries
Consider a situation in which a train is operating under restricted speed because another train, piece of equipment, or other obstruction may be occupying the track ahead.
The operating crew has a responsibility to operate at a speed that permits the train to stop within the required distance.
If the train is traveling too fast for the actual visibility and track conditions, the crew may be unable to stop when an obstruction becomes visible.
The result can be a collision.
For a railroad employee inside the locomotive, that collision can produce violent forces even if the train was traveling at a relatively low speed.
For employees elsewhere on the train or working in the yard, the consequences can be even more unpredictable.
A collision may cause equipment to derail, cars to jackknife or overturn, objects to become projectiles, or employees to be thrown from their positions.
The important point is that the speed shown on a locomotive event recorder may not tell the entire story.
An investigation should also examine whether the train was traveling at a speed that was reasonable under the actual conditions at the time.
What the FRA Is Telling Railroads to Do
The FRA’s Safety Advisory recommends that railroads take several steps to improve compliance with restricted-speed requirements.
Among other things, the FRA recommends that railroads:
- Review the seven accidents identified in the advisory and similar incidents occurring on their own properties;
- Evaluate the effectiveness of restricted-speed training;
- Reinforce that PTC does not replace the crew’s responsibility to comply with restricted-speed requirements;
- Increase operational testing concerning restricted-speed operations where appropriate;
- Conduct testing in situations involving trains following other trains into occupied blocks or sidings; and
- Reinforce communication and situational awareness among crew members.
The FRA also recommends that railroads review locomotive event-recorder and onboard video data, where practicable, when conducting operational testing.
These recommendations illustrate how much information may be available when investigating a railroad accident.
What Evidence May Be Important After a Restricted-Speed Accident?
If a railroad employee is injured in a collision or derailment, determining what caused the accident can require a detailed investigation.
Depending on the circumstances, evidence may include:
- Locomotive event-recorder data;
- Onboard locomotive video;
- Wayside video;
- Dispatcher records;
- Signal records;
- PTC data;
- Train consist information;
- Train length and tonnage;
- Track geometry;
- Weather and visibility conditions;
- Speed and braking information;
- Operating rules and instructions;
- Crew communications;
- Radio recordings;
- Training records;
- Operational testing records;
- Accident investigation reports; and
- Statements from railroad employees and witnesses.
The FRA’s new advisory makes clear that investigators should look beyond a simple question of whether the train was traveling below a posted or system-enforced speed.
The more important question may be whether the train was being operated at a speed that allowed the crew to comply with the fundamental requirement of being able to stop within one-half of the range of vision.
How Restricted-Speed Violations Can Relate to an FELA Claim
Railroad employees injured in the course of their employment may have rights under the Federal Employers’ Liability Act (FELA).
FELA provides a federal cause of action for railroad employees who are injured as a result, in whole or in part, of the negligence of the railroad or its officers, agents, or employees.
That means an investigation into a restricted-speed accident can be extremely important.
For example, if an engineer, conductor, or other railroad employee is injured in a collision and evidence shows that the accident resulted in part from failure to comply with applicable restricted-speed requirements, that evidence may be relevant when evaluating whether railroad negligence contributed to the employee’s injuries.
A potential FELA case, however, must be evaluated based upon the specific facts and evidence of the accident. The FRA’s Safety Advisory itself does not establish that a particular railroad was negligent or that a particular employee has a valid FELA claim.
Railroad Workers Should Not Assume an Accident Was “Just an Accident”
After a railroad collision or derailment, an injured employee may hear that the incident was unavoidable, that it happened because of a mistake by another employee, or that the employee should simply rely on the railroad’s accident investigation.
But the FRA’s new Safety Advisory demonstrates why the circumstances surrounding a railroad accident deserve careful examination.
Restricted speed is not merely a number on a speedometer.
It requires the operating crew to continually evaluate visibility, track conditions, train characteristics, braking capability, and the presence of potential hazards ahead.
When those requirements are not followed, the consequences can be devastating.
And when a railroad employee is injured, the question is not simply “What happened?”
It is also:
Why did it happen, and did the railroad’s negligence contribute to the employee’s injuries?
Injured in a Railroad Collision or Derailment? Talk to a FELA Attorney
If you are a railroad employee who was injured in a collision, derailment, or other accident involving restricted-speed operations, it is important to understand your legal rights before accepting the railroad’s explanation of what happened.
At Doran & Murphy, we represent railroad workers injured on the job and handle FELA claims involving a wide range of railroad accidents and injuries.
The FRA’s September 2026 Safety Advisory highlights the importance of investigating whether restricted-speed requirements were followed and whether factors such as PTC, visibility, train handling, braking, track conditions, crew communication, or other operating practices contributed to an accident.
If you or a family member has been injured in a railroad accident, contact Doran & Murphy to discuss your situation with an experienced FELA attorney.
Important Disclaimer
This article is intended for general informational purposes only and does not constitute legal advice. Every railroad injury case is different. The applicability of FELA and the potential liability of a railroad depend on the specific facts and circumstances of the case. The FRA’s Safety Advisory discussed in this article contains preliminary findings regarding certain accidents and does not itself establish liability in any individual case.



