Recently, a pedestrian suffered critical injuries after a train accident in Pasadena
, California. A pedestrian got trapped under a Gold Line train at the Allen Station (located at 395 North Allen Avenue). The incident occurred shortly after 3 a.m.
Preliminary investigations point to the pedestrian falling off the platform at the station
; there is no information implying that the pedestrian might have been intentionally pushed off the platform.
When firefighters arrived at the train station, they quickly identified the pedestrian trapped under the train
; the pedestrian was still breathing when firefighters arrived. Power was shut off at substations both east and west of Allen Station. The cars were de-coupled, and high voltage lines were grounded. The firefighters then started working towards extricating the pedestrian from under the train – efforts which took approximately twelve minutes.
The pedestrian was transported to a local hospital where he was treated for his critical injuries. Since the incident, there has been no update on the pedestrian’s condition.
Unfortunately, the incident described above is just another train incident
; train accidents have become increasingly more common over the years. In a country with more than 180,000 miles of train tracks,
there have been more than 7,000 pedestrian train-related deaths since 1997. More than 6,000 pedestrians have suffered injuries associated with pedestrian train accidents. In general, the most populated states have higher number of train-related incidents and train fatalities. In the state of California, for instance, there were 141 deaths associated with train accidents in 2014 alone.
Many people argue that pedestrians wouldn’t be injured by trains if pedestrians simply stayed off the rails; however, that is not always possible. Pedestrian train accidents often result in death; however, survivors are often left with critical injuries. Regardless of the specific outcome of pedestrian train accidents, all injured victims and surviving family members might have grounds to file a lawsuit – especially if the incident and the harm that the victim suffered are associated with negligence.
Learn more about your options for compensation by calling (888) 649-7166.
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 Accidents
Without 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
Regardless of the specific cause of the pedestrian train accident, it might be possible to establish liability for the incident and for all harm suffered. Although pedestrians can recklessly cause these accidents, it is possible for the negligence of other parties or entities to contribute to the harm pedestrians suffer in train accidents.
Liability in Pedestrian Train Accidents
To 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.
Based on the information above, who is liable for the harm that you or a member of your family suffered? One of the parties or entities above could be liable; however, multiple parties could share liability. It is even possible for the pedestrians injured in the pedestrian train accident to carry some sort of liability (typically shared with another party or entity).
If you would like to learn more about liability in pedestrian train accident cases, do not hesitate to seek legal assistance as soon as possible. Depending on the details of your claim, you might have grounds to pursue a claim.
Your Right to Pursue a Claim and Fight for Compensation
If 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
If you are ready to fight for your right to recover the maximum amount of compensation available for your claim, do not hesitate to contact our firm immediately. Our pedestrian train accident lawyers will evaluate your claim and help you gain a thorough understanding of the possible value of your claim. Our lawyers will also aggressively fight for your right to recover the compensation that you deserve. Whether we can reach a settlement through negotiation or we reach a verdict through trial, you can be certain that our experts will not rest until you recover the compensation to which you and your family are entitled.
Filing a Pedestrian Train Accident Claim On-Time
If you are interested in filing any sort of claim, including an injury claim or a wrongful death claim
, you must be aware that your claim – just like all claims – is subject to a statute of limitations. A statute of limitations is a timeline that determines the specific length of time that claimants have to file their claims. If claims are not filed within the appropriate statute of limitations, victims and their families will lose their right to sue. In general, injury and wrongful death claims are subject to a two-year statute of limitations in the state of California, meaning that claimants will only have two years to file their claims.
However, if any government entities are involved (such as county transportation agencies, for example), the applicable deadlines will be different. Specifically, to preserve the right to file a claim against a city or county entity (government agency), the parties interested in taking legal action must file a claim within six months. Although it is a much shorter deadline to which to adhere, failing to do so could result in losing the right to take any sort of legal action.
If you would like to learn more about the specific statute of limitations that applies to your claim, do not hesitate to contact our firm immediately. Our experts will also discuss any exceptions to the statute of limitations that might apply to your claim. If you are ready to speak with our experts, contact us today.
Contact Downtown L.A. Law Group
At Downtown L.A. Law Group
, our lawyers have many years of experience handling all sorts of claims, including train accident claims. Our lawyers are aware of the devastation that these accidents could cause for victims and their families. Because of that, our experts are dedicated to making the process as easy as possible for all those interested in pursuing claims. At our firm, we understand that the high expenses frequently associated with legal services are enough for victims and their families to choose not to pursue any legal action (to avoid the costs). We are aware of this – and we are dedicated to providing all affected parties with worry-free legal assistance.
Specifically, our firm offers free legal services, which include both free consultations and free second opinions. During our free consultations and free second opinions, our lawyers will be available to answer all your questions and address all your concerns. Our lawyers will be available to provide you with all the information that you need to either start or continue your pedestrian train accident case against the party or entity liable for the harm that you suffered. To ensure that you have access to the legal assistance that you need at no-cost, do not hesitate to contact our firm and request to benefit from our free legal services.
Our free legal services are available as part of our Zero-Fee guarantee. Our Zero-Fee guarantee ensures that our clients will never have to worry about paying any upfront legal fees for any legal services. Our law firm is also based on a strict contingency structure. Because our firm is based on contingency, our clients will never be required to pay any upfront legal fees until after reaching a positive claim outcome. This means that you will not be required to pay anything until your claim reaches a successful outcome and you are rightfully compensated.
If you are ready to discuss
your pedestrian train accident claim
with the experts at Downtown L.A. Law Group
, do not hesitate to contact our firm
today. Our lawyers are ready to represent you and provide you with the guidance that you need to pursue your claim.