Who can be held responsible for my train accident injuries?
If injured you may be able to establish a claim with any person or entity that was responsible for the accident. This may include
- Railroad Company,
- Railroad Operator
- MTA light rail Transit agencies
- Local City and State operator and administrators
- City where the accident took place
- Track owner
- Manufacturer of the Train Engine
Are there different types of train accidents? If so what are they?
Rail accidents and collision may include the following incidents
- Train Derailment
- Train-train collision
- Train-auto collision
- Train-Public Transportation collision
- Train-Motorcycle collision
- Train-pedestrian collisions
- Damage to property
- Train Slip and Fall Accident
- Falling Objects from Trains causing injury
What damages can I recover for my train collision injuries?
- Medical Expenses: Medical expenses include all medical bills and costs, including those incurred in the emergency room, hospital visits, doctor visits, MRI testing facility, radiologists, chiropractors, dentists, or any other treating professional that was necessitated as a result of your injury. Medical expenses further include any medical devices, such as crutches, braces or medical equipment used and purchased during your recovery.
- Future Medical Expenses: Unfortunately, the effects of a train related accident can often be felt for months, years, or even a lifetime after the injury occurred.
- Lost Wages: After an accident, you are entitled to any income you lost as a result of the car accident
- Loss of Earning Capacity: In addition to current lost wages, victims of train accidents are eligible to receive compensation for future lost wages.
- Mental Anguish: A victim an accident can further be compensated for mental suffering that could include fright, anxiety, depression, trauma, grief or feelings of distress. Loss of Consortium: A victims spouse may recover for loss of consortium when that spouse loses the ability to have normal marital relations.
Property Damage: Our Culver City attorneys will make sure that you receive the full value for all your property damage.
My relative was killed in a Train Accident do I have a claim for compensation
Yes: California Law CODE OF CIVIL PROCEDURE SECTION 377.60-377.62 states,
“ A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf: The decedent’s surviving spouse or domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.” For more information visit Wrongful Death Law and Statutes
What are the most common causes of railroad accidents and derailments?
Derailments, and train accidents are usually caused by
- Safety violations
- Operator fatigue
- Excessive Speeding
- Reckless Conduct by a train conductor, rail inspector or railroad maintenance mechanic
- DUI: Illegal use of Drugs or Alcohol while operating a train
- Improper storage of hazardous chemicals on board
- Faulty train track or rail inspection
- Defective or improper maintenance of crossing signals
What is Negligence?
According to California Law, a Party is Negligent when it fails in a manner expected of a reasonably prudent person acting under similar circumstances. Accordingly, negligence requires the demonstration of four elements:
(1) A Duty of Care is owed to the plaintiff under the circumstances, (2) the responsible party breach their duty of care to the injured party (plaintiff) (3) the defendant was the actual and proximate cause of the plaintiff’s damages and (4) the plaintiff actually suffered some harm (psychological or physical) as a result of the defendants negligence.
Should I sue for Injuries ?
If you’ve suffered a serious injury in a train derailment or railroad accident you must first tend to your wounds and heal your injuries. Seeking vindication of your rights is our job.
Our aggressive and tenacious team will keep on the offensive until they make sure you have been fully compensated for your injuries and vindicated for your loss. We will go to trial and take on liable drivers and their insurance carriers’ so that your rights are protected.
Who do I contact if I have been injured in a train accident?
If you need a trusted accident attorney we can help. We will take care of every legal detail and make sure you achieve the highest compensation possible for your loss; in the meantime, concentrate on the most important part of this process – your recovery.
Remember that it is crucial to act quickly after you’ve been injured to report injury before any limitations can lower or extinguish your rightful claim. Call us for a free consultation with one of our lawyers regarding your injuries: (855-DT-LA-LAW)
California Common Carrier Laws and Train Accidents