Friday, July 8, 2011

Bicyclist’s Death in Fontana Blamed on Metrolink Negligence

Riding alone at night is dangerous especially when crossing railways in Southern California.

Take the example of a 15-year-old cyclist who was killed after an eastbound Metrolink train struck him in Fontana on Friday.

According to California Highway Patrol (CHP) reports, Ricardo Lizarraga was riding his bicycle across the railway when the train hit him. He died instantly after the crash.

CHP reports mentioned no other injuries. Authorities are investigating whether Lizarraga have ignored the warning signals when the accident occurred. Police also inspected Metrolink's crossing gates.

Bicyclists tend to ignore warning signals or slip through the crossing gates just to cut time. At other times, riders are negligent in obeying the safety laws.

Committing a negligent act can affect future claim on damages when the family members seek compensation for losses. The court may also nullify the premises liability claim.

However, if the plaintiff can prove that the Metrolink officials have been negligent in ensuring the proper condition of the safety equipment at the time of crash, the court may award damages.

In establishing the negligent act of a government official, the plaintiff has to:

1. Prove that the defendant has failed to exercise duty of care, leading to accident.
2. Establish that the accident caused serious or fatal injuries.

To support their claim, the plaintiff or surviving family members can present photos from the accident scene, witness statements, and medical records to substantiate the case.

For more information on premises liability claim against the government, you may consult with a lawyer in California. Dial our toll free number at 1-866-772-2889, or email us at for a free case analysis.