Shawnee County Sheriff Herman Jones says the BNSF conductor slowed down the train and blew the horn when he saw 25-year-old Kristopher Wenberg on the tracks in Topeka on Thursday.
Wenberg told deputies he couldn't hear the train, which eventually hit him. Jones says Wenberg promptly got back up and called someone on his cellphone as he walked away. He went to a hospital with cuts on his legs and shoulder.
It is against the law to walk on train tracks and Wenberg would be cited for criminal trespass.