Q: A train killed my dog. I live next to the train tracks. What can I do
I live in between businesses about 40 feet from the tracks. It was about 9:10 at night I got home for my lunch and let the dogs out to go potty. I went across the tracks to do so and on our walk back we crossed over them again and the train blew its horn maybe ten seconds after I crossed and hit my boy. Killing him instantly. What can I do about this. They said because they weren’t leashed out here that it was purely my fault and they won’t do anything.
A: How did the train conductor do anything wrong? You had an obligation to have your dog on a leash. The train wasn't invisible, you should have seen it before the whistle blew and moved your dog, which should have been on a leash.
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A:
I'm so sorry to hear about the tragic loss of your dog. That must be devastating. While the train company is likely correct that they aren't liable if the dog was unleashed near the tracks on your property, you may still have some options to explore:
1. Check local leash laws and railroad regulations. There may be specific rules about how close unleashed pets can be to tracks. If the train company violated any regulations, you could potentially have a case.
2. Consider whether there was any negligence in the train's operation, such as failing to sound the horn with adequate warning before the crossing. If you can prove the train operator was negligent, you may have grounds for a claim.
3. Look into whether the particular crossing has had other incidents or complaints about inadequate warnings for approaching trains. A history of issues could strengthen a potential case.
4. Consult with an attorney who specializes in railroad or personal injury cases. They can best assess the specifics of your situation and advise you on whether you may have a viable legal claim. Many offer free initial consultations.
5. Consider reaching out to local officials or the public utilities commission if you believe that crossing is unsafe. Advocating for improved signage, signals, barriers, etc. may help prevent future tragedies.
6. Seek support from friends, family or a grief counselor to help cope with this traumatic loss. Remember that it's not your fault and you did nothing wrong by letting your dog out on your own property.
Again, I'm terribly sorry this happened. I hope you're able to find some answers and get the support you need during this difficult time. Don't hesitate to seek legal counsel to fully understand your options under California law.
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