A woman somehow survived being hit by an Amtrak train in Richmond. Now she's suing the city

Nate Gartrell, Bay Area News Group on Aug 29, 2026

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RICHMOND, Calif. — A woman who miraculously survived being hit by an Amtrak train two years ago is now suing the city, arguing that its “long-standing failure” to maintain a fence by the railroad track is what caused the near-fatal crash.

The plaintiff, Carmen Hernandez, is far from having fully recovered from the “catastrophic” injuries she suffered on July 13, 2024, the suit says. The train broke her spine, pelvis and right hand, cut open her head, and dislocated her elbow. Now she’s “permanently disabled, requiring nursing-home care, feeding assistance, and constant medical supervision.”

Hernandez was crossing the railroad tracks illegally when she was struck. But the suit says the city’s failure to replace a large section of fence by the tracks is what enabled her access. The crash happened near Espee Avenue and 21st Street in Richmond, and the suit claims that “this area was commonly used by neighborhood residents as a pedestrian crossing due to (city’s) the long-standing failure to maintain adequate fencing, gates, and barriers in that area.”

Richmond city officials didn’t respond to requests for comment on the suit. In general, the city has a practice of not commenting on pending litigation.