The family of a woman who was fatally hit by a MetroRail train in East Austin two years ago is suing Capital Metro, the city, Austin Energy, and three agencies associated with the rail, among other entities.
Erica Findley, 31, of Portland, Ore., was struck by a MetroRail commuter train Feb. 17, 2018, on East Fifth Street, between Chicon and Comal streets. Her father said he wants these agencies to implement more safety measures to ensure others don’t suffer the same fate.
Findley, who worked at a mental health crisis intervention call center for Oregon’s Multnomah County, was in Austin visiting an old college friend the night she was hit, her father said. In addition to her parents and two siblings, she is survived by her husband of less than a year, Jason Halstead.
The night of the crash, Findley and her friend were walking on the gravel around 10:30 p.m. between the track and the street, the suit says.
“The 1600 block of East Fifth Street has not caught up to the recent commercial development around it. … There are no sidewalks along this block, forcing pedestrians to walk either in the lanes of traffic or immediately adjacent to the train tracks,” the suit says.
The suit also contends there is a lack of adequate lighting on this block. As they were walking, the train was approaching from behind.
“The train runs on diesel and, as a result, produces very minimal noise,” the suit says.
Jibreel Hunter — the man operating the train that night, who Findley’s family is also suing — did not sound the train’s bell or horn or flash any lights, the suit contends.
“Hunter saw what appeared to be a ’silhouette,’ but he did not realize that the silhouette was Erica until it was too late,” the suit says.
The train struck Erica’s head, and she was hospitalized for three days before she died, the suit says.
A Cap Metro investigation concluded that all train operation rules were followed the night of Findley’s death, Cap Metro officials said.
Findley’s father, Kevin Findley, told the American-Statesman in 2018 that private and public entities alike needed to make that part of the road safer for pedestrians. He and Findley’s husband filed suit this year because they have not seen any significant improvements, he said.
“As far as I know, nothing has happened in terms of providing real safety for pedestrians,” Kevin Findley told the American-Statesman on Tuesday. “All Cap Metro has done is put up more ‘No Trespassing’ signs, which don’t do much good at night, given the quality of the lighting.”
MetroRail has been involved in two other deaths since the commuter train was put into service in 2010. A pedestrian was hit and killed in March 2019 at 51st Street and Airport Boulevard. Before that, Jeremy Louis Barta, 31, was killed on April 30, 2012, when his vehicle was struck by a train at a private rail crossing in North Austin. Barta’s two children, who were in the vehicle with him, were injured.
In addition to Hunter, Erica Findley’s relatives are also suing several agencies, including Austin Energy, alleging a lack of lighting; Cap Metro; and the city of Austin.
They are also suing three agencies associated with the rail line: Austin Area Terminal Railroad, which manages the railroad, alleging a lack of signs and for failing “to take reasonable precautions to prevent individuals from placing themselves in harm’s way;” Herzog Transit Services, which handles MetroRail’s operations and maintenance; and Stadler Rail, which built the train, alleging it “failed in its design to have safety features that could warn pedestrians in close proximity.“
The suit also names Eastside Station and 1806 E. 4th LTD, two nearby apartment complexes, alleging they didn’t provide adequate lighting.
“I’m hoping this litigation will influence the powers that be there in Austin to deal with this situation,” he said. “Because other people could die there.”
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