Berkley, CA (June 26, 2024) – On the night of June 26, 2024, Malik Cross, a 28-year-old man from Oakland, tragically lost his life after being struck by a passenger train in Berkeley.
Accident Details: According to reports, Cross was trespassing on the railroad tracks when the incident occurred at approximately 10:50 p.m. The train involved in the accident was en route from Los Angeles to Seattle. However, the train was delayed for 2.5 hours as authorities conducted their investigation.
Investigation: Amtrak, the operator of the train, is collaborating with local law enforcement to uncover the circumstances surrounding this tragic event.
Legal Considerations: As a personal injury attorney, I find that several aspects of this case warrant further examination. While trespassing is illegal and may free property owners from liability, there may be exceptions based on the specifics of the location and whether proper warnings were in place. Evaluating whether the area was clearly marked with adequate warning signs is essential. It’s important to investigate whether there were any prior incidents in the same area and if the railway company had taken sufficient measures to prevent future occurrences, such as installing fencing or increasing surveillance. Assessing whether the railway company fulfilled its duty of care to the public by ensuring that its tracks and surrounding areas were secure is crucial. This assessment includes examining if there were any lapses in safety protocols or maintenance that might have contributed to this incident. If the railroad company shared some fault, then Cross’s family may be able to file a wrongful death claim to recover compensation for the death of their loved one. However, that compensation may be affected by California’s comparative negligence laws because of Cross’s decision to trespass on the railroad tracks.
My sincerest condolences are with the friends and family of Malik Cross during this difficult time.
Source: Berkeley Scanner