Man Recovering after Train Accident
Posted by
Christina ColeJanuary 27, 2007 11:47 PMTwo weeks after a Acampo ranch butcher was critically injured when his truck was hit by a train, his condition is improving.
Mike McMahon, 48, at one point was comatose and the doctors had told his family it could be months before he would wake up. But he has since regained consciousness and begun walking, though Doctors have yet to say when he will be released.
Ellis says he will likely file a claim related to the crash, but he doesn't yet know if it will lead to filing a lawsuit. Under California law, when someone wants to sue a public entity, the lawsuit is preceded by a claim.
"We feel there was negligence involved in the case and it's being investigated," Ellis said, declining to comment who would be named as negligent but that it could include property owners, the railroad and those responsible for maintaining the road.
On January 12, McMahon was driving his Chevy truck when he reached Twin Cities Road. Apparently he didn't see the oncoming train, said California Highway Patrol, his music prevented him from hearing the train's horn.
The train hit the driver's side door of McMahon's truck and he was flown by helicopter to the hospital where he is now improving and recovering.
A spokeswoman for the California Department of Transportation said they do not have current data on that intersection because they have not studied it. Such studies may be triggered by requests from the public or law enforcement.