Parents of 15-Year-Old Texas Student Fatally Struck by Train on the Way to School File Wrongful Death Lawsuit
Sergio Rodriguez was killed on Dec. 9 as he attempted to cross the railroad tracks when the train hit him without warning, according to the complaint
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Sergio RodriguezSergio Rodriguez, 15, died after being hit by a train while on his way to school on Monday, Dec. 9, in Houston
A complaint filed by his family accused railroad company Union Pacific of operating the train at an unreasonable speed and failing to sound the horn
“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,” a spokesperson tells PEOPLE
The family of a Texas student who died earlier this week after he was hit by a slow-moving train as he walked to school has filed a wrongful death lawsuit against Union Pacific Railroad.
Sergio Rodriguez, 15, a sophomore at Milby High School in Houston’s East End neighborhood, was killed on Monday, Dec. 9, according to Fox affiliate KRIV-TV, NBC affiliate KPRC-TV and CBS affiliate KHOU-TV.
“The train was in motion as he tried to cross in front of the train,” Houston Police Sgt. Bill Elsbury told KRIV-TV. “That's the information that we're getting from a couple of eyewitnesses here.”
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The incident took place around 7:30 a.m. local time at or near 2000 Broadway Street in southeast Houston, according to a complaint filed on Tuesday, Dec. 10, and later obtained by PEOPLE. It added that the train was operated by a locomotive engineer on behalf of Union Pacific.
According to the complaint, the area where the incident occurred is a well-known pedestrian crossing. Rodriguez's family alleged that “at no point was there any fencing or other barriers preventing Sergio and others from crossing at the location where the incident occurred.”
The complaint said that Rodriguez attempted to cross the tracks when he was suddenly and without warning hit by the train.
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“Upon information and belief, Defendants failed to sound their horn prior to the train striking and ultimately killing Sergio, in direct violation of both state and federal regulations,” according to the complaint.
Rodriguez’s family said in the complaint that the boy was allegedly killed as a result of Union Pacific’s negligence, citing such causes as operating the train at an excessive and unreasonable speed, failing to timely engage the train’s horn, failing to take necessary precautions to prevent the collision, failing to maintain a proper lookout for pedestrians and failing to timely apply the train’s emergency brakes.
The complaint said the family is seeking damages for emotional distress and anguish, loss of enjoyment of life, loss and services and support, loss of earning capacity and inheritance and more.
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“Defendants knowingly and recklessly disregarded the substantial risks their actions posed, demonstrating a flagrant indifference to Sergio’s health and safety. Despite being aware of the hazardous conditions and the extreme risk to Sergio, Defendants failed to take any corrective actions,” the complaint stated.
In a statement shared with PEOPLE on Friday, Dec. 13, a spokesperson for Union Pacific says that the railroad company “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,” the spokesperson continues. “Our hearts go out to the family, students and the train crew who witnessed this terrible incident.”
Citing witness accounts, Elsbury said on Dec. 9 that “the railroad crossings were functioning properly, [the] lights were on, the arms were down and the train was going at a slow rate of speed," Houston Public Media reported.
The Houston Police Department said in a news release on Dec. 9 that "the incident appears to be accidental in nature and there are no indications of foul play.” An investigation is being conducted by the HPD’s homicide division and Union Pacific’s Police Department.
A GoFundMe created for Rodriguez’s family has raised over $25,000 as of Friday, Dec. 13.
Read the original article on People
