Table of Contents - Jump Ahead:
In the early morning hours, just after midnight in the Gaslamp Quarter of downtown San Diego, a man attempted to crawl between stopped freight train cars and was run over as the train began to move. The man suffered a traumatic leg amputation and was rushed to the hospital for emergency treatment.
The incident occurred near the San Diego Convention Center, a busy area with heavy pedestrian traffic, particularly during events and nightlight hours. Alarmingly, this was not an isolated event. A similar injury was reported just months earlier at 5th Avenue and Harbor Drive, where another pedestrian lost a leg under nearly identical circumstances.
These repeated accidents raise urgent questions about the safety of pedestrians in the area and whether local infrastructure or rail operations are contributing to the risk.
If you or a loved one has been injured in a similar incident, speak with one of our San Diego injury attorneys at Singleton Schreiber as soon as possible to understand and explore your rights and legal options.
Repeated Rail Injuries Suggest Systemic Issues
Potentially dangerous, it has become disturbingly common for pedestrians in the Gaslamp Quarter to attempt crossing the train tracks by going around, or even under, stopped trains. Witness footage and reports show that this behavior often stems from frustration or confusion due to the trains’ seemingly abrupt and prolonged stops.
While crossing between train cars is strongly discouraged by authorities, the frequency of these incidents suggests that more than just individual decision-making is at play.
Some key concerns include:
- Inadequate pedestrian infrastructure near train crossings, especially late at night
- Unclear or poorly marked pedestrian bridges or overpasses
- Lack of visible signage or flashing warnings when trains are stopped for extended periods
- Failure to act on prior incidents involving similar injuries
Who Could Be Held Responsible?
In California, multiple parties may bear some legal responsibility for pedestrian train accidents, even when the injured person made a risky decision. Potentially liable parties include:
- The city or municipality, for failing to provide a safe or practical pedestrian route
- Rail companies, for not implementing sufficient safety measures to prevent people from crossing through trains
“When the same type of devastating injury keeps happening in the same area, it’s not just a tragic coincidence; it may be a sign of a systemic safety failure,” says Brett Schreiber, managing partner of Singleton Schreiber personal injury law firm. “Victims and their families deserve answers and accountability, especially when public spaces become risk zones.”
Legal Options for the Victim
California follows a comparative fault system, which means a person who is partially responsible for their own injuries may still recover compensation, although the amount will be reduced by their percentage of fault.
That means even if the injured pedestrian is found to have made a dangerous choice, they may still have a valid claim for compensation if other parties failed to maintain safe infrastructure, provide adequate warnings or barriers, or implement reasonable safety protocols following previous incidents.
Possible damages they may recover could include:
- Medical expenses for emergency care, surgery, and rehabilitation
- Lost income due to temporary or permanent disability
- Pain and suffering caused by trauma and long-term impact
- Punitive damages, if reckless disregard for safety can be proven
If you or a loved one has been injured in an incident similar to this one, contact Singleton Schreiber to learn more about your options. Call us at (619) 771-3473 or email us at info@singletonschreiber.com today to schedule a free consultation.
