VICTIM STRUCK AND KILLED BY SAN JOSE LIGHT RAIL TRAIN
Light rails and trains have become our answer to a faster commute. The Santa Clara Valley Transportation Authority has a light rail that passes through downtown San Jose and other parts of Santa Clara County. The train is fast and efficient, but also carries with it the dangers of a large vehicle. Many pedestrians or drivers may underestimate the speed of these light rails, or may overestimate the amount of time that they have to cross the tracks. Like larger trains, these light rails are hard to stop because of their size.
On June 18, 2009, at the intersection of Leigh Avenue and Southwest Expressway, a victim was struck and killed by the VTA light rail train. Investigators have stated that the victim was riding a razor-scooter and had gone under the crossing arm right before he was struck by the train. There were no injuries to any of the passengers on the train. The police are still investigating the cause of the accident.
Depending on who was negligent in the case, the boy’s family may be able to file a wrongful death lawsuit against Santa Clara County. For example, if the family can prove negligence on the part of the driver, if he was going too fast in the area, or wasn’t paying attention, then the court may award them a certain compensatory judgment. However, if the case did make it to court, there may be a chance that the jury or the judge finds that the boy and the train were both negligent and award damages based on that; or the court may find that the county is not negligent at all and dismiss the case. Although we cannot tell you or promise you the result of a lawsuit, we can help you file it successfully. There are many deadlines and details that normal people may not know about, but an experienced attorney has practice in. The attorneys at Greenberg & Rudman LLP can help you—call us now at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation. Check out our website, www.alawpro.com to find out more about train accidents.
