Truck Driver Killed in Metrolink Train Crash in Ventura County

This is one of the most vital questions that must be answered, which is why Moorpark PD and the county coroner are currently investigating the accident. The first step is to figure out why there was a crash at the railroad crossing. Did the driver fail to slow down, look both ways, and take other precautions before he drove through the crossing? Or, were the crew members of the train at fault? Operator error is a leading cause of train accidents, which include:

• Distracted driving
• Speeding
• Operating the train while fatigued or under the influence of alcohol / drugs
• Failure to stop at crossings and signals
• Ignoring (failing to comply with) automatic or fixed signals

We must also look at other possibilities of why truck accidents happen, like inadequate repairs and maintenance by the Southern California Regional Rail Authority (SCRRA). This agency is governed jointly by various government entities, including the Los Angeles County Metropolitan Transportation Authority, the Riverside County Transportation Commission, and the Ventura County Transportation Commission. So, it’s important to investigate whether negligence by any of these agencies played a role in the accident.

This is a difficult question to answer when it comes to joint powers authorities, like the SCRRA. To put it simply, a joint powers authority is a public entity where two or more public systems, authorities, agencies, etc. jointly exercise power over a specific entity. For example, the SCRRA, which operated Metrolink, is jointly governed by five county agencies in Southern California.

The system of shared governance complicates matters when someone is harmed and entitled to monetary compensation. First and foremost, you must have proof that the governing entities or the people they employed (the train’s crew members, for example) are directly responsible for the event that caused you bodily harm and/or property damage To obtain the necessary evidence and determine the best legal strategy, make sure to speak with a lawyer experienced in lawsuits against public transportation authorities.

By the way, we understand if you are unsure about the prospect of filing a lawsuit. Frankly, it’s a big decision, and it’s never our intent to push you into a complex legal action when you are going through so much already. However, the purpose of a lawyer is to take the burden of litigation off your shoulders. By working with an attorney at DTLA Law Group, you can focus on getting better and spending time with family and friends while we handle every stage of your case.

Please take a moment to contact a Metrolink train accident lawyer, who can talk to you about the legal process and help you make an informed decision.

How long you have for a lawsuit depends on who is responsible for your harm and suffering. If Metrolink is liable for the accident, you must file a compensation claim within 6 months. In cases where the victim passes away, the surviving spouse, child, parent, sibling, etc. must file a claim within 6 months of the date of death. The 6-month rule is based on the time limit for lawsuits against public entities, which is applicable in this situation, as Metrolink is operated by the Southern California Regional Rail Authority.

If there is a private entity that caused or contributed to the accident, like a reckless driver or trucking company, your deadline to file a personal injury lawsuit is 2 years from the incident date (or 2 years from the victim’s death). Some people have exceptional circumstances that can be used to obtain an extension from the court. We can talk to you about these exceptions in more detail, but the 2-year rule is the standard that is used in most cases.

As someone who was injured in a train accident, whether you were on the train, a pedestrian, or a driver / passenger in another vehicle, you can obtain compensation in the form of “damages.” The damages you are eligible to receive depend on your injuries, level of physical and emotional suffering, when and if you can resume working, and other important factors. Potential damages that can be recovered by our attorneys include:

• Medical expenses for immediate and future medical care
• Lost wages for time missed from work because you are injured. If your ability to work is impaired, you may have grounds to ask for lost earning potential and future lost income.
• Pain and suffering for emotional distress and long-term physical suffering that you would not have to deal with were it not for the accident.
• Compensation for any personal property that was lost or damaged.
• Punitive damages if there is a trial and the jury finds that negligence by the defendant was particularly outrageous

As an immediate family member or spouse of someone who was killed in a train accident, you can explore the option of filing a wrongful death lawsuit. This is a legal action that provides loved ones with compensation for their financial and emotional losses. Damages you can obtain from the individual or entity at fault include funeral expenses, medical bills up until the date of date, pain and suffering, loss of consortium, and loss of expected wages and benefits.

We take it for granted that trains and other kinds of public transportation will get us safely from one destination to another. Unfortunately, train accidents can happen for all sorts of reasons – quite often, as a result of negligence by one or more parties. Getting to the root of why an accident occurred and getting justice for the victims are the goals that motivate us every day here at DTLA Law Group.

Our law firm provides compassionate and skilled representation for injury victims and those who are left behind when someone’s life is tragically cut short. We also protect the finances of our clients from day one by offering the Zero Fee Guarantee. Upon hiring us, you pay $0 in legal fees. Rather than asking you for payment, we include the cost of legal services in your settlement demands. This way, our expenses are paid along with the compensation you are entitled to, and you lose absolutely nothing if we fail to win your lawsuit.

We hope you will give us the opportunity to join you on the journey to physical, emotional, and financial recovery. Contact our law firm as soon as possible and schedule a free case evaluation.

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