Parents of 15-Year-Old Texas Student Fatally Struck by Train on the Way to School File Wrongful Death Lawsuit

Mar. 15, 2025

Sergio Rodriguez.Photo:GoFundMe

GoFundMe

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.”

“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 Mediareported.

AGoFundMecreated for Rodriguez’s family has raised over $25,000 as of Friday, Dec. 13.

source: people.com