Kalamazoo pedestrian killed by train Wednesday morning
A pedestrian was struck and killed by a train in Kalamazoo on the morning of Wednesday, June 10.
At around 10:20 a.m., a 52-year-old man was walking on the tracks around Church Street and Rose Street near West Kalamazoo Avenue, according to the Kalamazoo Department of Public Safety (KDPS).
Police say the man was taken to the hospital where he was later pronounced dead.
Church and Rose streets remain closed as of Wednesday afternoon as police investigate. Motorists are asked to avoid the area.
Train and pedestrian accident laws
When a pedestrian is hit by a train, the legal issues depend heavily on where the person was when the collision happened. A pedestrian who is lawfully using a public crossing may be evaluated differently than someone walking on railroad tracks or entering railroad property without permission.
Train cases often involve questions about warning devices, visibility, train speed, horn/bell use, sightlines, lighting, crossing design and whether gates, signals or other safety equipment were working properly. Federal railroad laws and regulations may also limit some claims, so the facts of the crossing and the type of claim matter.
Depending on the facts of the case, negligence may involve the railroad, train crew, crossing owner, government agency, maintenance contractor or pedestrian. The determining factor may be whether the pedestrian crossed against warnings, whether the train crew had time to react, whether the crossing was reasonably safe and whether any warning equipment failed or was missing.
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