Family of Milby High School student killed in train crash files lawsuit against Union Pacific

HOUSTON, Texas (KTRK) -- As the Milby High School community mourns the death of 15-year-old Sergio Rodriguez, his family is already thinking about how to hold Union Pacific accountable.

Their attorneys announced Wednesday that they have filed a lawsuit against the railroad company for wrongful death and negligence.

The deadly incident happened Monday around 7:30 a.m. when the teenage boy tried crossing in front of a slow-moving Union Pacific train. Officials said the student was hit about 1/5 mile down from where the caution arms went down.

"He was a child. Children make mistakes. Do they deserve to pay for them with their life? The answer is no. If he was crossing in front of the train, it's because he felt like he had no other choice," one of the family's attorneys, Ryan Zehl, said. "Had Union Pacific done what's been asked of them for years, he would have never had to make that decision."

RELATED: Milby High School student hit and killed by train, HISD confirms

Two days later, Rodriguez's parents filed a petition that lists several allegations against Union Pacific, including failure to sound the train's horn, taking necessary precautions to avoid the collision despite the foreseeable risk and creating adequate safety policies and procedures.

The plaintiffs are requesting a jury trial and asking for more than a million dollars in damages. However, their attorneys say the petition is about much more than the monetary relief. They also want to see changes in the train operation schedule and the construction of a pedestrian bridge.

"Money isn't a consolation, but it is our only source of justice in America," Zehl said. "We'll make sure Sergio did not die in vain and that he saves lives down the road."

"The family hired us because they want answers. I think what you're going to find during discovery as this unfolds is there's going to be failures on all kinds of levels," attorney Richard Nava said. "They want change for a whole neighborhood that feels like they have been disenfranchised."

Multiple elected officials have also urged change. During Wednesday's city council meeting, Mayor John Whitmire said he plans to meet with Union Pacific's CEO after receiving estimates that show a pedestrian skywalk would cost about $6.5 million.

"They have a responsibility here. It's their right of way where we need to build a skywalk, and we can either do it in our discussion the easy way or the hard way," Whitmire said.

Whitmire's office said a date for the meeting with Union Pacific has not been set. The mayor first said that he wanted the railroad company to foot the entire bill for the bridge, but his spokesperson said he is now open to discussions to have them pay for a portion of it.

READ MORE: Houston mayor says he'll ask Union Pacific to pay for a pedestrian bridge over railroad tracks

This isn't the only area in Houston affected by this issue. Council Member Joaquin Martinez said his office has been working to build over and underpasses in multiple locations.

"Just in District I alone, we probably have between 15 to 20 schools that have a rail crossing in their backyard. We've identified about 35 critical crossings across the city through the Smart Railroad Crossing Project that was initiated," Martinez said.

For days, Union Pacific has avoided answering questions from ABC13 about what has been done or what they plan to do to minimize pedestrian dangers for kids at their train tracks. Their spokesperson sent an updated statement Wednesday that said:

"Union Pacific shares Houston's grief following Monday's heartbreaking event when a teenager made a tragic decision to try and outrun a moving train. We want to remind students and others to only cross train tracks at designated crossings and never ignore train horns or the lights and safety gates. Our hearts go out to the family, students, and the train crew who witnessed this terrible incident."

Nava and Zehl said the lawsuit could drag out for years. The process to construct a grade-separated crossing, which is an overpass or underpass, could take even longer. That means it's unlikely that the students at Milby High School will see any drastic change before they graduate.

For more on this story, follow Rosie Nguyen on Facebook, X and Instagram.