Train didn’t sound its horn before fatal crash involving 15-year-old, Texas suit says
Parents mourning their 15-year-old son who was fatally struck by a train say his death could have been prevented if the train company had taken proper safety measures, according to a Texas lawsuit.
The day after Sergio Rodriguez’s death in Houston, attorneys for his parents filed a lawsuit against Union Pacific Railroad Company claiming they “recklessly disregarded” Rodriguez’s safety the morning of Dec. 9.
They’re seeking a jury trial and ask that the train company involved in the fatal accident be cited, according to the original petition.
“Union Pacific shares Houston’s grief following Monday’s heartbreaking event when a teenager made a tragic decision to try and outrun a moving train. We want to remind students and others to only cross train tracks at designated crossings and never ignore train horns or the lights and safety gates. Our hearts go out to the family, students and train crew who witnessed this terrible incident,” Union Pacific said in a statement to McClatchy News.
Rodriguez, a student “dedicated to football,” was struck by an oncoming train while walking across the tracks on his way to school, according to Houston police and family members.
He died at the scene, police said.
The lawsuit details several safety measures that the Union Pacific train operator could have taken at the popular pedestrian crossing near the school, including:
- The train’s speed was “excessive”
- The operator did not sound the horn, a federal and state regulation, before approaching the crossing
- The emergency brakes were not applied in a timely manner.
The lawsuit called these actions a “flagrant disregard” for the teen’s safety.
Witnesses told police that the train was moving at a slower rate of speed, lights were flashing and the crossing gates were lowered when the teen went onto the tracks, Sgt. Bill Elsbury said in a news conference posted by KHOU.
The lawsuit said there were not enough safety measures in place, such as proper gates and signs.
/The parents are seeking over $1 million in damages. They are also “entitled to punitive damages,” the lawsuit said./
This story was originally published December 13, 2024 at 11:57 AM with the headline "Train didn’t sound its horn before fatal crash involving 15-year-old, Texas suit says."
