Train Strikes Man who was Walking along Tracks after Running out of Gas

Date: October 27, 2014

Location: 2100 block of Northeast Old Salem Road

Names: Luke James Warner & Bailey Anne Weinberg

Train Strikes Man who was Walking along Tracks after Running out of Gas


A 19-year-old man who was walking along train tracks after his car ran out of gas on Interstate 5 died late Monday night.

A southbound Amtrak train hit Luke James Warner of Brownsville in the 2100 block of Northeast Old Salem Road in Albany.

Warner and his passenger, Bailey Anne Weinberg, 18, of Canby, had run out of gas while driving on Interstate 5. They began walking the railroad tracks toward Albany in search of a gas station.

Moments before the accident, Warner and Weinberg were warned by a Georgia Pacific employee that walking along the tracks was unsafe because trains traveled that area at a high rate of speed.

Weinberg was not injured in the accident. The incident is still under investigation.

We extend our condolences to the family and friends of Luke James Warner.

Pedestrians are extremely vulnerable on the road, as cars are so much heavier. In many cases, pedestrians hit by cars are seriously injured or even killed. And, in many cases, the driver is at fault. While this is not always true (sometimes pedestrians cross without a crosswalk, or run out into the street, etc.), in cases where the driver IS at fault, the driver’s auto insurance should compensate the injury victim.

First, in Oregon, according to ORS 742.520, the driver’s personal injury protection (PIP) should cover the injured person’s initial medical bills and lost wages. If these damages exceed the PIP limits (usually $15,000, the requirement in Oregon), then the at-fault driver’s liability insurance should cover the rest of the damages in a personal injury settlement.

If you are interested in discussing whether you might have a pedestrian accident call, call a Portland pedestrian accident attorney for help and a free consultation.


About Sean DuBois

Sean is a personal injury attorney in Portland, OR. He has been recognized by Super Lawyers Magazine as Oregon Rising Stars for the past four years because of his dedication to justice and fair compensation for his clients. If you need to speak with a lawyer about your injury case, Sean can be reached at 503-222-4411.

Posted on October 31, 2014, in Pedestrian Accidents, Train Accidents and tagged , , , , , , , , , . Bookmark the permalink. Leave a comment.

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