Boy, 5, Dies After Driver Allegedly Tried to ‘Beat’ an Oncoming Train, His Family Says Driver Was His Uncle

A 5-year-old boy died in Texas after a car was struck by a commuter train when the driver allegedly tried to get across the tracks before the train reached the crossing.

Police in Tarrant County responded to the crash shortly before 4 p.m. on Wednesday, Nov. 19, according to the Fort Worth Police Department. Investigators say a Trinity Railway Express (TRE) train hit a Dodge Charger at the crossing.

Authorities believe the driver, 24-year-old Fabian Riojas, was traveling with the child, identified as Emilio Martinez, when he reportedly drove around a lowered barricade in an attempt to cross the tracks ahead of the oncoming train. The vehicle was then struck.

Emilio was pronounced dead at the scene. Riojas was taken to a hospital with minor injuries. Police said none of the 43 passengers aboard the train were hurt. Officials have not confirmed whether Riojas and the boy were related.

Riojas was arrested the same day and charged with traffic accident manslaughter, according to public arrest records. His bond was set at $50,000.

Family members told local outlets that Riojas was Emilio’s uncle and was driving him home when the collision happened. Emilio’s father, Jon Martinez, said Riojas was trying to outrun the train and that the decision ended in tragedy.

In another interview, Jon Martinez said he does not believe his brother should face a manslaughter charge, describing the incident as a terrible mistake and emphasizing the bond between his son and uncle.

Fort Worth police spokesperson Tracy Carter called the crash preventable and urged drivers to respect railroad crossing arms. Carter said crossing gates may be down for many reasons—whether a train is approaching or equipment is malfunctioning—and drivers should never assume it’s safe to go around them. He also encouraged motorists to be patient, noting that waiting a few extra minutes can save lives.