Los Angeles Train Accident Lawyers
Have you or a loved one been injured in a train accident? If so, you may be entitled to recover compensation for your injuries. Metrolink accidents are one of the most dangerous types of transportation accidents you can be involved in. Trains may provide a desirable method for transporting cargo and people across the state; however, an accident tends to be catastrophic, often resulting in severe injuries and many fatalities. This is why it’s important to speak with an experienced Los Angeles train accident lawyer right away. Your attorney will fight for you and work to get you the compensation you deserve.
Getting the Facts About Train Crashes and the Metrolink
While train accidents, including commuter train crashes, are not especially common, they can be especially deadly when they do occur. Moreover, Metrolink train collisions have occurred with some regularity in Southern California. For example, a serious Metrolink train crash occurred in 2008 that resulted in more than 100 injuries and 25 fatalities. While that accident happened more than a decade ago, the last ten years have included a number of Metrolink incidents in which passengers and vehicle occupants have been harmed in collisions.
How often do train accident injuries and deaths occur? The National Safety Council (NSC) provides some of the following facts and figures:
- 757 railroad accident deaths occurred in 2020, which represented a decrease from the numbers in 2019, although statistics may reflect fewer riders as a result of the pandemic;
- In an average year, nearly 8,000 nonfatal injuries occur in train crashes and more than 800 deaths occur;
- Trespassers on railroads are killed most often in train accidents, while employees and occupants of other motor vehicles suffer the highest rates of nonfatal injuries in train collisions; and
- About 12 percent of train accidents occur at rail crossings, while most others occur at non-crossing locations.
Limited Time to File a Lawsuit for Train Accidents
In Los Angeles, you have a very limited window in which you can file a lawsuit after a train collision in order to preserve the statute of limitations. In some cases, you will have the full two years like a regular personal injury lawsuit. In the event your injuries were delayed, you will have one year from date of discovery in order to file. In this situation, you will have to show proof that there is no reasonable way you could’ve known about the injuries prior to the date of discovery.
If the government was negligent and has fault for your train accident, filing a claim is a different process. You only have six months from the date of your accident in order to file. The government is then required to respond within 45 days. If your claim is approved, they will compensate you for the injuries you sustained. In the event they deny your claim, you will only have six months to file a lawsuit.
Failure to preserve the statute of limitations can result in being barred from recovering any compensation at all. This is one of the reasons it’s imperative you contact an attorney right after the accident if possible.
How To Deal With a Train Accident Lawsuit
Train accidents are one of the most horrific types of accidents that occur. Injuries are sustained by a large quantity of people. And, sadly, some of them experience death. Such a catastrophic event can result in damages ranging from thousands to millions of dollars. If the train accident occurred as a result of negligence by the railroad company, then they can be held liable for the damages and wrongful deaths that happened.
Train accident lawsuits are very similar to other personal injury and wrongful death lawsuits. The only difference is that more litigants are typically involved in this type of lawsuit. The lawsuit begins with a complaint being filed against the railroad company. The filing occurs in the same jurisdiction as the train accident. The railroad company filed a response to the complaint. At this time, the railroad company also stated its defense.
Evidence is exchanged between the plaintiffs and defendants during the discovery period. Typically, hearings soon follow. These hearings address any pretrial motions that exist. The pretrial motions generally involve discussions regarding the evidence to be admitted, facts the parties concur with, and other matters in question. The trial commences. A verdict is rendered. And, if the railroad company is found to be guilty, then an amount for damages is awarded.
Not every train accident lawsuit goes to trial. Certain factors tend to play a role in determining the course of a case. An attorney does what is in the client’s best interest. Sometimes, clients feel that it is in their best interest to settle their case. This can be accomplished through mediation or arbitration. Clients find this path more desirable because it eliminates the risks, costs, and long wait times typically associated with trials.
Reasons for Train Accidents
There are a number of causes of train accidents. These include:
- Operator Error
- Not braking properly
- Improper switching of tracks
- Falling asleep
- Being distracted
- Not complying with training orders
- Being distracted
- Faulty or Defective Equipment
- Broken frames
- Fuel or oil fire
- Loose wheels
- Brake defects
- Defective or missing springs
- Other defective or faulty parts
- Vehicles and Pedestrians
- Distracted driving
- Misjudging the approaching train
- Drunk driving
- Not able to stop after entering the train’s path
- Railroad Track Issues
- Damage on the track
- Loose or a broken guard rail
- Settled roadbeds
- Defective welding
- Worn rails
A number of other miscellaneous issues can lead to or contribute to a train accident as well. These include bad weather, lack of visibility, debris or fallen object on the train track, loads shifting, and more.
Determining Liability in a Train Accident
Determining liability in a train accident can be complex and involve a variety of parties and/or factors. Your attorney will conduct a thorough investigation to help prove liability and demand compensation from those responsible for your injuries and damages.
Potentially liable parties in a train accident can include a variety of people:
- The train operator and conductor
- Other employees
- Businesses that operates the train
- Companies that owns the train
- Train manufacturer
- Companies who sell trains or train parts
- Government agencies or private companies who are in charge of maintaining the tracks
- Any other parties, like a pedestrian or vehicle driver, who are part of the accident
Injuries Commonly Seen with Train Accidents
Train collisions are not nearly as frequent as vehicle collisions, but the severity of injuries is usually much worse. Some injuries may require extensive rehabilitation or be permanent. Serious injuries can include:
- Loss of limb
- Traumatic brain injury
- Broken bones
- Spinal cord injury
Preventing Train Accidents
While there is not much you can necessarily do if you’re a passenger on a train, there are steps you can take to reduce chances of one if you are driving a vehicle or riding a bicycle.
- Don’t try to beat a train across the tracks
- Never walk alongside or on railroad tracks
- Only cross at designated railroad crossing areas
- Never stop on the tracks
If your vehicle breaks down or you get stuck on the tracks, be sure everyone exits the vehicle immediately. You should all move far away from the vehicle and call for emergency assistance right away. You should look to see if there is an emergency number posted at or near the train crossing and then call law enforcement.
Retaining a Los Angeles Train Accidents Lawyer
If you need a train accident attorney in Los Angeles, contact the team at the El Dabe Ritter Trial Lawyers. We have years of experience handling injuries resulting from a variety of types of train accidents. Contact our office at 888-542-6021 to schedule an initial consultation.
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