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The family of Chance Hoyt says the regional transit agency was negligent in the esign of the crossing in Beaverton where the PCC stoudent was killed.

KOIN 6 NEWS - The scene of the fatal June 5, 2017, collision.The family of a 21-year-old Portland woman struck and killed by a MAX train two years ago is suing TriMet and the operator for $12.5 million.

Among other things, the suit filed by the family of Chance Hoyt says the design of the crossing where she was killed is negligently designed because it does not fully warn when two trains are nearing it from opposite directions. Chance had waited for an eastbound train, but then lifted the crossing gate and was struck by a westbound train as she crossed the tracks.

The West Baseline Road crossing also has warning lights and bells that were operating at the time, however. Beaverton and TriMet police responded to the report of the collision at 9:32 a.m. on June 5.

The suit also said the operator was negligent for not operating the train given the circumstances.

"The dangerous conditions at the Crossing have been repeatedly ignored by Tri-Met and its employees operating trains or otherwise working in the area of the Baseline Crossing," reads the lawsuit, which was filed in in Multnomah County Circuit Court on June 4.

The suit was filed on behalf of Chance's husband, Pedro Duran, Jr., and her mother and father, Lynne and Cole Rolland Hoyt.

According to the suit, Chance was traveling to Portland Community College's Rock Creek campus for classes.

In response to the collision, TriMet noted that all warning systems at the crossing were operating and said,"Our hearts go out to the victim and family of this tragic incident."

TriMet did not immediately respond to a request for comment about the lawsuit.

You can read the lawsuit here.

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