Teen Hit by Train, Family Sues




Teen Hit by Train, Family Sues

The family of a young boy who was killed in a train accident has filed a wrongful death lawsuit against Caltrain, Caltrans, SamTrans, the state of California, San Mateo County, the city of Burlingame and other entities.

The 13-year-old boy, Fatih Kuc, was hit by a train while crossing the tracks last April near a SamTrans stop.

Jerry Nastari, the Kucs’ attorney, seeks unspecified damages for the teen’s wrongful death, burial expenses, funeral and other relief the court deems proper.

Some of the defendants were named because it is unclear who owns the property Fatih traversed before being struck, but that will be discovered by the time the suit goes to trial.

The Accident

The teen was hit by the train on April 18 while crossing an illegal crossing.

Nastari said that the place where Fatih and his friends crossed the track should have been fenced off but wasn’t.

Since the accident, the city has installed fencing and signage near where Fatih died.

The Claim

According to Nastari, SamTrans and the city are at fault for Fatih’s death because Fatih got off at the SamTrans stop and used “the well-traversed footpath” that “continued on the east side of the tracks at this location, providing a convenient and inviting pedestrian walkway which connected the densely populated Carolan Avenue/east Burlingame neighborhood with west Burlingame,” stated the lawsuit.

“This path … was utilized daily, and over a number of years by school children and adults alike. There was no fencing to discourage access and no warning signs.”

While the defendants did take measures to prevent a similar accident from happening in the future, the lawsuit claims that the defendants were negligent for not taking action earlier. “They are part of creating this dangerous condition,” said Nastari.

Victim of a Train Accident?

If you or a loved one has been seriously injured or killed in a train accident, you may be able to recover compensation for your losses. Please contact us today for a complimentary case evaluation by an experienced railroad attorney who can answer your questions and help you determine the best course of action.

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