Maria Nieves, Julia Mondragon, Mercedes Regalado, Julien Nieves Died In Contra Costa County Amtrak Train Accident At Crossing With No Gate Guard Near Brentwood —> GoFundMe Created To Support The Family
BRENTWOOD, CALIFORNIA (June 28, 2022) – Three people identified as Maria Nieves, Julia Mondragon, Julien Nieves and Mercedes Regalado died in an Amtrak train accident by Orwood Road and Bixler Road.
Contra Costa County police officials are saying that the accident took place around 1:00 p.m. on Sunday. Maria Nieves, Julia Mondragon and Mercedes Regalado were headed to a funeral fundraiser when their vehicle was struck by an Amtrak train and an unguarded crossing with no train signals.
The force of the impact sent the vehicle around 60 feet down the track where it then hit a parked SUV. Firefighters and paramedics were called to the scene of the collision in order to help all of the victims.
A child in the car was airlifted to the hospital with major injuries. Sadly, Maria Nieves, Julia Mondragon, Julien Nieves and Mercedes Regalado were all pronounced dead at the scene.
A neighbor who lives by the intersection said that he complained about safety problems at the crossing for several years. But nothing was ever done to make it safer.
Contra Costa County officials have said that the crossing’s lack of guard rails or a train signal made it “highly potentially dangerous.” A full investigation remains ongoing at this time.
You can help support the family of the victims through GoFundMe.
Liability In Contra Costa County Amtrak Train Accidents
Thousands of people are killed or seriously injured in train accidents every year in the United States. Trains can be deceptively fast and they often must travel through densely populated areas. According to the National Safety Council, “In 2020, railroad incidents resulted in 5,479 injuries, compared to 7,983 in 2019. Twelve percent of the total (684) occurred at rail-crossings, down 18% from the 2019 total of 835.” There are a number of potential causes of train accidents.
- Train operators may have been traveling too fast for the prevailing conditions.
- Defects with the train tracks could cause drivers to become stuck.
- Train crossings may have lacked crossing guards, signals or other safety features designed to prevent collisions.
Depending on the facts of any case, there could be numerous liable parties for a train accident. A train operator could be liable for an accident if they failed to reduce their speed to avoid hitting a vehicle or pedestrian on the tracks. Trains cannot divert from the tracks they are on. But train operators can use their horn to alert others of their presence. They can also slow down to potentially avoid or mitigate a crash. If a train operator fails to take any course of action to avoid hitting a car, this could form the basis of a negligence claim.
Pursuant to California Government Code 835, a city could also potentially be liable for a train accident if it was caused by a dangerous condition on public property. This is true insofar as (1) the property was in a dangerous condition a the time of the injury, (2) the dangerous condition created a reasonably foreseeable risk of the injury that occured and (3) the public entity had actual or constructive notice of the defective condition. A railroad crossing without guards or signals could constitute a dangerous condition. There are many questions that would need to be answered.
- Was there a history of accidents at any intersection without a crossing guard?
- Would common railroad crossing design guidelines have necessitated a guard at the accident site?
- Has the municipal entity in control of the crossing received complaints about the intersection’s safety?
The family of any victim that died in a train accident may have legal recourse through a wrongful death claim. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. Sadly, though, cities and train companies will often fight hard to deny responsibility for any collision. This is why it is so important that evidence is properly preserved. A train accident attorney can examine all of the unique facts of your case and let you know what your legal options are.
Investigating A Contra Costa County Amtrak Train Accident
We at TorkLaw extend our deepest condolences to the family of Maria Nieves, Julia Mondragon, Julien Nieves and Mercedes Regalado. Any person that may have more information about what happened should reach out to police. There needs to be a thorough investigation into what happened. City officials should take note of this tragic accident and take steps to make this intersection safer. There is no reason that it should lack crossing guards and traffic signals. Had these been there from the start, this tragedy may have been averted.
Do you need more information about a Contra Costa County Amtrak train accident? Our team of consumer safety advocates are here to answer any questions that you may have. We care deeply that accident victims are aware of their rights and that those rights are being protected. Whether you just have legal questions or need a free, independent investigation into an accident we are here for you. You can reach out to us anytime at (888) 441-4991. Se habla español.
