Pedestrian Killed by Train While Walking on the Tracks
A pedestrian fatality occurred near Davis on May 3 after they were struck by an Amtrak train. The accident, according to a spokesman for the Davis Police Department, happened near Second Street at about 7:30 a.m. as the pedestrian walked on the tracks. Investigators with Amtrak are holding the investigation into the fatality since it occurred on railroad property.
Amtrak Conducting Investigation Into Pedestrian Fatality Accident
The train involved in the pedestrian fatality accident was the Coast Starlight 11, which had left Seattle Monday. The train was able to continue its trip around 10:00 a.m. Other trains were affected by the fatal accident since bus bridges were used to bypass Number 11 while the investigation was held and the scene was cleared.
Accessing Railroad Property
Railroad tracks, yards, trestles, and their equipment are considered private property. Anyone found in those areas who isn’t supposed to be there would be considered a trespasser. Following are some of the reasons you should never walk along railroad tracks:
- It’s illegal. Someone found illegally on the property can face prosecution.
- Modern trains are considerably quieter than the older models.
- It takes a train at least a mile to stop. By the time the engineer on the train spotted someone on the tracks, it would be too late to stop before striking them, which usually results in a fatality.
Exercising Caution Near Train Tracks to Avoid a Pedestrian Fatality
There are ways a pedestrian or driver can stay safer when crossing railroad tracks. Some of these tips include:
- Only cross railroad tracks equipped with a gate or other protective and warning measures at a public crossing to avoid becoming a pedestrian fatality.
- If a train passes, wait until you know it is safe to cross. There may be another train coming, and they can be moving in either direction.
- Never go around or under lowered crossing gates. Wait until the flashing lights have stopped before crossing.
- Train trestles were not constructed for pedestrians. Stay off them. If you are caught on a trestle when a train is coming, you will have no escape.
- Don’t assume trains have set schedules. They don’t. Crossing without safety in mind is more apt to mean you will become another pedestrian fatality.
What Can Be Recovered by Filing a Wrongful Death Claim
When a loved one dies, it can throw the family into turmoil. Not only because of the overwhelming grief of the loss, but if that person contributed to the family’s income, it can become devastating financially. If the death happened because of another’s negligence, the family may be able to recover compensation, which can handle their expenses and make going on without the loved one a little easier. The following may be claimed by filing for wrongful death:
- The expenses for the loved one’s funeral and burial can be recovered.
- Income the loved one would have earned until retirement age is recoverable, including their pension/insurance benefits and other bonuses they received from their job.
- The spouse can claim loss of consortium and the love and affection he/she lost because of the loved one’s death.
- The family’s children may claim their loss of guidance and nurturing the decedent provided.
- Loss of household help can be claimed, which includes the duties the decedent normally performed around the home.
Top Wrongful Death Attorneys in Davis, CA
My name is Ed Smith, and I’m a Davis wrongful death attorney. When your loved one has died because of a train accident and negligence was involved either by the engineer or company, your family may want to discover whether they can file a claim for wrongful death. Contact us at (530) 392-9400 or (800) 404-5400 to get our free and friendly advice on whether you can file a claim and options to recover those damages. An online form to contact us is available also.
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