Train Accident Lawyer Los Angeles: Metro Link Injury Lawsuit
Train accidents come in different forms, including train accidents with cars and trucks, collisions with other trains and public transportation vehicles, train derailments, and railroad crossing crashes. The massive size and brute force of the oncoming LA Metro Link Rail makes almost any accident a tragedy. The larger amount of trains that will be present means that these incidents will lead to serious bodily injuries and, in many instances, death. Pedestrian train crossing accidents and Los Angeles Metro Link accidents result in numerous deaths and catastrophic injuries in the Greater Los Angeles region every day. LA Light rail accidents in and around Downtown Los Angeles pose an ever-increasing danger for pedestrians and metro users, as well. If you or a family member has been hurt in a train accident, don’t hesitate to reach out to our law firm, the Downtown LA Law Group.
Legal Representation: If you or a loved one suffered serious injuries in a train accident contact our laws offices for a free no cost consultation with a personal injury attorney. The number to our law office is toll free (855) 339-8879. Some statistics regarding Train Accidents in Los Angeles can be found below: Accidents with trains involving cars and pedestrians occur about once every 100 minutes in the United States. According to the NSC, National Safety Council, each year an estimated 4,000 train-vehicle collisions take place at railroad crossings leading to over 400 fatalities and more than 1,100 injuries.
Train Accident StatisticsAbout 60 Americans lost their lives because of a train each week in 2014, which was up 17% over the year prior, representing the most fatalities since 2007. – 2014 saw the largest number of non-passenger deaths of individuals struck by trains 255 in the four decades the FRA has been keeping records.
- Half of all train crossing accidents in Los Angeles take place where automatic warning devices such as flashing lights or flashing lights with gates are present and are functioning properly.
- Many people simply neglect to stop and wait until the flashing lights are no longer in warning mode.
- According to the Department of Transportation, there are about 5,800 vehicle train crashes each year.
- 600 deaths and 2,300 injuries take place as a result of these accidents.
- More than 50% of all deadly accidents happen at crossings with passive or inadequate safety devices (often none at all!).
There are many situations that lead to train accident injuries. Below are some rail accidents and/or incidents leading to injuries.
- Derailments, or the train coming off the track
- Train-train collisions, in which two trains are on one track that was not diverted
- Train-car collisions, often at railroad crossings when someone gets stuck on the track or tries to beat the train
- Train-person collisions in which a pedestrian is hit, often occurring at train stations when someone is standing too close or when a pedestrian is walking on train tracks
If you or a loved one has been involved in a train wreck or railroad accident, contact a skilled Los Angles train accident lawyer from the Downtown LA Law Group. We are here to help. To Contact our Train Wreck Lawyers, call (855)339-8879
How to avoid Train Accidents: There are many precautions and safety procedures one should take to be protected from a train. Below are some instances which can greatly increase the probability of a railroad accident.
- Aggressive driving: Most train collisions with cars are attributed to the aggressive operation of a car, such as speeding or trying to pass other drivers.
- A Trains Mechanical failure/negligence: This is usually the result of poor maintenance. The cost-cutting taking place on many railroad lines has lead to insufficient inspection and upkeep of many trains that are on the track today. Mechanics are sometimes insufficient and not properly trained, too.
- Heavy cargo loads: Loads that are heavier than industry standards can result in derailment and other accidents.
- Unsafe fencing and or warming: Many railroad crossings today remain in poor and often derelict conditions, leading to insufficient warnings of an oncoming train.
Trains are regarded as “common carriers”; thus, under common law and modern statutes, railroad companies must maintain strict safety standards. Failure to do so leads to the companies assuming liability for the injuries caused. Amtrak accidents may involve Federal issues, which require precise and specific knowledge of Federal procedural rules and litigation avenues.
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Train Accident Facts
The Federal Railroad Administration keeps a record of the number of incidents that occur in the railroad industry; this includes illnesses, injuries, and even deaths to railroad workers and train passengers. From January to September in 2010, there were more than 8,400 total train incidents, of which, more than 550 were fatal.
For further information, visit the Federal Railroad Administration page on Railroad Safety
Filing a Train Accident Lawsuit – Attorney Representation
If you have sustained injuries in a train wreck or railroad crossing accident, you must tend to your wounds and attempt to heal your injuries. Seeking vindication of your rights is our job. At the Downtown LA Law Group, our Los Angeles Metro Light Rail accident lawyers are skilled and knowledgeable in general personal injury laws, as well as train accident laws. If you wish to file a claim, you should have ample evidence of the incident. Your proof can include medical receipts, photos of your injuries, eyewitness testimonies, incident reports with the company, copies of your train tickets, and much more. You can then bring this evidence to an attorney, who will organize it and submit it to the necessary insurance agent. We will negotiate a fair deal and see to it that you are appropriately compensated.
Filing a Wrongful Death Lawsuit
In the State of California, certain family members of the deceased have the legal right to file a wrongful death cause of action against all at-fault parties. Under California Wrongful Death CODE OF CIVIL PROCEDURE SECTION 377.60-377.62, a cause of action for wrongful death can be asserted by the decedent’s surviving spouse, 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.
Average Value of a Train Accident Lawsuit
The compensation amount for a train accident lawsuit depends on many factors related to the accident, as well as the victim’s personal circumstances. However, we can say for sure that cases with serious injuries typically settle in the 6-7 figure range. Below are case examples that show the possibilities of a train accident lawsuit settlement.
- A 47-year old man was walking across the railroad tracks when he remembered he had forgotten something at home. He saw an oncoming train but felt that it was far enough for him to make it across the tracks. His friend, who was with him, thought the same and was shocked when the train did not slow down. The man ran across in time to save his life, but had to have his arm amputated. In this case, the man was partially to blame since he chose to walk across the tracks. However, the train company was forced to admit that had the driver slowed down, the accident could have been prevented. In the end, the man was awarded $705,000.
- A 61-year old woman was riding in a train that was forced to make an emergency stop. The car she was in came off the tracks and rolled over on its side. The woman sustained serious injuries, including broken bones, traumatic brain injury (TBI), and spinal cord damage. She is partially paralyzed and needs assistance from a part-time caregiver. The TBI also caused drastic changes in her personality, which affected the relationships between her and her loved ones. The case was settled out of court for $5.2 million.
These cases illustrate the wide range in train accident case values. For example, shared liability (where more than one party shares the blame) can lessen the amount the claimant is due, but that doesn’t mean they are ineligible for compensation. In the second case, the woman was compensated not just for her injuries, but for the care she would need for the rest of her life. She also received a considerable amount of pain and suffering for the emotional trauma resulting from the accident. Finally, the derailing of the train car was linked to gross negligence by the train company, so she was awarded punitive damages on top of her regular settlement.
Every train accident case is different, which is why there is no way to quote an “average” case value. That’s why it’s essential to have your accident reviewed by an attorney and make sure that you are asking for a fair amount of compensation.
Statute of Limitations for Train Accidents in California
Generally, injured victims have two years from the date of an accident to file a personal injury lawsuit in the court of law. However, when at-fault parties include government-owned and government-operated agencies, a victim must file a claim with the agency in question within 6 months of the date of the accident. Failure to file a claim within the statutory limit may eliminate a plaintiff’s right to recovery. Further, the statute of limitations can be extended if the victim was under the age of 18 years old, was left mentally or physically incapacitated after the incident, or has tried to file a claim but the defendant has vacated the state.
How We can Help
Our aggressive and tenacious legal 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 the largest corporations and their insurance carriers to protect your rights. 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 have been injured to report any railroad accident claim before any limitations can lower or extinguish your rightful claim. Call us for a free consultation regarding you railroad accident injury claim: (855-339-8879) Additionally, we will make sure that you pay no out of pocket expenses for our services. we won’t get paid unless we win your case. The fees will come from the settlement we bring you, and if we lose, we will receive nothing at all.
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