Sacramento, CA: Pedestrian Struck and Killed by Train Near Calvine Road

California Penal Code 369i makes it a misdemeanor to enter or remain on railroad property, including the track and the land within 20 feet of it, without permission when doing so interferes with the safe operation of a train. This statute reflects how dangerous it is for anyone to be on or near active tracks, since a train cannot stop quickly enough to avoid a person once they are in its path. When a pedestrian is struck on railroad property, investigators look at how the person came to be there and whether fencing, lighting or signage near the crossing was adequate.

California Public Utilities Code 7604 requires that an audible warning device, such as a bell, horn or whistle, be sounded as a train approaches a public crossing. Railroads also have an ongoing duty under state and federal regulations to properly install and maintain crossing signals, gates and warning devices. If a warning device malfunctioned or a crossing lacked the protection required for the surrounding area, that failure can be a basis for a claim against the railroad separate from any fault attributed to the pedestrian.