Learn more about your options for compensation by calling (213) 389-3765.If you or a member of your family were involved in a pedestrian train accident, do not hesitate to seek legal assistance immediately. Specifically, you could contact the experts at Downtown L.A. Law Group. At Downtown L.A. Law Group, our lawyers have many years of experience handling all sorts of claims; our lawyers are dedicated to representing injured victims and their families, helping them towards the goal of recovering the compensation that they deserve. If you are interested in learning more about you’re the possibility of filing a pedestrian train accident claim, do not hesitate to seek legal assistance with our lawyers at your earliest convenience. Our attorneys will provide you with the guidance necessary to pursue a successful claim against the parties or entities liable for the harm you or a member of your family suffered.
The Causes of Pedestrian Train AccidentsWithout a doubt, pedestrian train accidents are some of the most devastating and traumatic accidents that anyone could suffer. Some of the common causes of pedestrian train accidents include the following:
- Pedestrians waiting for train at train station stand too close to the edge of the platform
- Pedestrians fall off train station platforms and onto the train tracks
- Pedestrians walking on train tracks
- Train mechanical failures
- Train derailments
- Inadequate fencing at train stations
- Lack of appropriate warning systems at railroad crossings
- Hazards at train stations or near train tracks that cause pedestrians to trip or slip onto the tracks
- Pedestrians intentionally pushed onto tracks
Liability in Pedestrian Train AccidentsTo establish liability, the four elements of negligence must be present. The four elements of negligence consist of the following: duty of care, breach of duty, cause, and harm. In other words, a party or entity has a specific duty of care towards others. The party or entity breaches their duty of care, creating a risk for others. The breach of duty causes an accident. The accident results in harm. When harm is directly associated to a breached duty of care, the party or entity could be found liable of all the harm suffered.
So, who could face liability for pedestrian train accidents?The specific answer to this question will always depend on the details surrounding the incident. Consider the following examples in which different parties/entities could be liable:
- Rail companies or transportation companies could be liable – liability is generally most clear with the companies that own the trains involved in accidents. Trains are common carriers; therefore, companies must maintain and enforce strict safety protocols. When these companies fail to ensure the safety of everything surrounding their trains and train stations, they could be liable for all the harm any victims suffer. If a transportation company fails to ensure that their stations are free of any hazards that could cause pedestrians to slip or trip onto the train tracks, the company could be liable for the harm suffered. It is important to note that if the transportation company is a city or county agency, the city or county could be liable.
- Maintenance crews could be liable – some companies hire outside companies to deal with maintenance. If maintenance crews fail to identify a problem or address an identified problem but create another problem, they could be liable for any harm suffered. For example, if maintenance crews create a problem with the braking system while trying to address a minor electrical issue, they could be liable for the harm arising from the issue that they negligently created. This only applies when the maintenance crews are hired from outside sources. If the maintenance crew is part of the company (not hired through an outside source), liability could be transferred back to the company.
- Individual parties acting intentionally could be liable – there have been cases in which unsuspecting pedestrians have been pushed onto railroad tracks. In these cases, the malicious parties intentionally push pedestrians into tracks. Although it seems unlikely, it is something that could result in pedestrian train accidents. Whether it was a random attack or it started with a verbal or physical altercation, the malicious and intentional actions of individuals could result in significant harm. These parties could be liable for all the harm suffered.
- Pedestrians could be liable – many pedestrian train accidents occur simply because pedestrians make poor choices. For example, pedestrians might knowingly stand too close to the edge of train station platforms or willingly walk on the tracks. Likewise, pedestrians could ignore warning signs and exercise other reckless behavior that could put them at risk of suffering harm.
Your Right to Pursue a Claim and Fight for CompensationIf the harm that you or a member of your family suffered can be directly attributed to the negligence of a party or entity (at least partially), you might have grounds to pursue a claim against the parties that contributed to the harm suffered. You likely have the right to file an injury claim or a wrongful death claim after being directly or indirectly affected by a pedestrian train accident. If you file a claim, a successful outcome could result in the recovery of monetary compensation. Could you really recover compensation? What type of compensation could you receive? If you can receive compensation, how much could you be awarded? Every claim is different; however, injury claims and wrongful death claims could result in the recovery of the following types of compensation:
- Medical bills
- Lost earnings
- Pain and suffering
- Funeral and burial costs
- Loss of consortium
- Punitive damages