According to the Federal Railroad Administration, over 3,000 train accidents occur in the United States each year which leads to injury, death, and property damage. Statistics show there is a train accident every two hours. Most of these accidents involve property damage, and in some cases, harm to passengers and bystanders. Train accidents are some of the most traumatic and horrific accidents which individuals can be a part of or witness. They often lead to severe, life-threatening injuries, and the families of the victims are left trying to piece their lives back together. While man trains are used to haul cargo across the nation, there are many commuters who ride the train to work or for vacation purposes. Unfortunately, accidents do occur with trains as they do with every motor vehicle, and whether you are the injured victim or a family member of the victim, you have the right to seek compensation.
If you or someone close to you has been the victim of a train accident an experienced California train accident lawyer can help. Contact Johnson Attorneys Group to discover your legal options. The consultation is free, and you won’t have to worry about any attorney fees unless there is a successful resolution to your case. Call 800-208-3538 today!
California Train Accidents
Train accidents are caused by a number of factors including derailment, poorly maintained tracks, mechanical failure, distracted driving, alcohol, drugs, motorists or pedestrians on tracks as well as impaired vision. These accidents often cause severe injuries to train passengers.
Trains additionally pose a threat to both car passengers and people on roadways since trains pass through cities several times a day. Unfortunately, many cities do not have updated warning signs for railroad tracks and people may find themselves stuck on tracks with an approaching train or trapped between cars over train tracks. As a passenger on a train, you are also at risk if a train is involved in an accident with a car since this impact will typically throw the train off track which can result in injuries to any passengers.
- Train Collision: These accidents typically involve a train and another vehicle, a train and another train, or a train and a pedestrian. The considerable size and weight of a train will cause anything it encounters to suffer catastrophic damage regardless of the speed of collision.
- Train Derailments: When a train departs the rail, disaster invariably results. Train cars overturn and passengers are violently thrown, sometimes ejecting them from the train car. Derailed cars can collide with nearby structures and people who are unlikely to expect such an event.
- Toxic Spills: Trains are frequently loaded with dangerous chemicals such as petroleum, propane, and chlorine gas– materials that must be treated with great care. These spills can have devastating effects on the ecosystems and human populations where they occur.
In too many cases railroad companies responsible for these kinds of accidents fail to deliver just compensation to those who have been hurt in these deadly events. If any of these situations have happened to you, we advise you to seek the professional services of an experienced California train accident attorney. Train accidents can lead to severe and traumatic injuries such as brain injuries, broken bones, spinal injuries, and even death. As a victim of a train accident or the loved one of a victim, you should not be forced to pay for your medical expenses and should seek the assistance of a personal injury attorney who can help you get the compensation you deserve. If you have lost a loved one due to a train accident you can additionally seek compensation through a wrongful death action.
When a Railroad Company is Guilty of Negligence
If damage or injury occurs due to a railroad company’s negligence, such as failure to provide training, safety equipment, or to promote safe conditions, the railroad company can be held liable. A railroad injury lawyer will seek to prove that a railroad company has failed to comply with safety regulations and due diligence, that this negligence has caused harm, damage or injury to their client. When this happens, the company can be compelled to compensate those who have suffered for their losses.
- Faulty Equipment: Damaged, poorly maintained, or substandard safety equipment can cause any type of train accident. The Federal Railroad Administration reports, over 80% of railroad crossings lack the legally required warning signals and devices.
- Mechanical Failures: Improper use of replacement parts, poor maintenance, and irresponsible use can cause mechanical failures which lead to disaster.
- Employee Negligence: The failure to activate train horns or lights when approaching an intersection, improper maintenance, and reckless behavior on the job are all common causes of train accidents.
What Compensation is Available for Train Accident Injuries?
When a train accident happens and someone is hurt or killed, monetary damages are not enough to compensate for the loss. Still, just compensation can help to speed recovery and ease the pain while helping to pay for the needs of victims and their families.
Every train accident and every victim’s needs are different. A well-qualified California train accident attorney can help you decide whether you should pursue damages for:
- Medical Bills: Trains can do considerable damage to property and to everyone involved in a train crash. The chances of sustaining an injury when you are involved in a train accident are very high. Those responsible can be compelled to cover some or all of the costs of any necessary train-crash-related care.
- Medical Monitoring: Money for health screenings may be needed. If you suffered an injury to your back, for example, there may be a high risk of developing additional health problems in the future. Compensation to help cover the cost of medical monitoring may be sought in your claim.
- Property Damage: Victims in train accidents may be entitled to recompense for damaged property if a train struck their vehicle, for example, or if a portable computer was damaged during a train wreck.
- Lost Ability to Earn Wages: Injuries suffered in a train wreck can be devastating. Even victims who return to a productive life may find themselves unable to perform the tasks their jobs require. When an accident victim is forced to take a lower paying job, they may be able to recover some of the earnings lost from their insurers or from the party responsible for the train accident.
- Lost Wages: Missing work due to the time required to recover from injury, time spent in court, time replacing valuables, or any other result of an accident that takes victims away from their place of employment may entitle victims to recoup lost wages via a claim.
- Pain and Suffering: Damages for physical and emotional suffering can be provided to compensate victims for traumatic experiences as a result of the accident.
- Assisted Living Care: Sometimes injuries are so severe that ongoing help will be needed to complete everyday tasks. Compensation for life care needs can also be sought in many cases.
- Wrongful Death: Should a train accident victim die, close family survivors may seek wrongful death damages.
Do I Need a Train Accident Lawyer In California?
The aftermath of a train accident can be overwhelming. You or your loved one may have sudden and unexpected circumstances to face, including:
- Property damage
- Injuries
- Medical bills
- Hospitalization
- Psychological trauma
- Time away from work
- Lost income
It's a significant job to handle everything while recovering physically and mentally from the accident.
A Closer Look at Train Accidents
While train accidents might not occur as often as vehicle crashes, they do happen. According to the National Safety Council, in 2021, 893 people died in railroad accidents — a 20% increase from 2020. Additionally, 5,781 people sustained injuries.
Many people know they can file an insurance claim if they sustain injuries or property damage after an accident between vehicles. They can hire an accident attorney to help them with their case. However, train accident victims might not be aware that an accident attorney can assist them as well.
Drivers May Get a Bad Rap in Train Accidents
Too often, when people read about an accident between a vehicle and a train, they assume that the driver is at fault. They may think the driver tried to outrun the train at a crossing. People may also assume the driver ignored the railroad crossing lights or gates and crossed the tracks recklessly.
However, studies indicate that railroad companies may report the causes of accidents themselves. Thorough investigations might not happen following an accident, leaving information gaps.
In some cases, independent investigators have discovered:
- Malfunctioning gates
- Railroad crossing lights not working
- Sight obstruction at crossings
While an accident with a car and train may initially seem to be the car driver's fault, it is possible that the crossing was more unsafe than the reported conditions.
Railroad Companies Have Lobbying Power
Five railroad companies dominate the industry in the United States. They generate billions of dollars of revenue annually, making them both powerful and profitable.
If you are in an accident with a train, the railroad company you face has big insurance corporations on their side. These companies have plenty of muscle behind them. They know that you want to settle your case quickly and receive your compensation as soon as possible.
Insurance companies may try to offer you a low sum. They know you might not realize what your claim is worth. The insurance company may think you are happy to receive an offer quickly and will settle for what they want to pay you.
A Train Accident Lawyer Can Help
An experienced California train accident attorney can help you with your claim. Accident attorneys know what your case is worth — and it may be more than you realize. You deserve to receive the total amount of compensation after a train accident.
You can find out what your case is worth during a free consultation with a train accident attorney. You may be able to receive a higher level of compensation than the insurance company offers. An accident attorney can also assist you with paperwork, talk to witnesses, and deal with the insurance company so that you can focus on getting better.
Contact Our California Train Accident Attorneys Today for a FREE Case Evaluation
If you or a loved one has been injured in a train accident in the state of California, do not hesitate to contact our law firm as soon as possible so we can assist you in receiving the compensation you deserve. Trains were the backbone of our nation’s infrastructure for so long and continue to be vital to its economy, but can also cause devastating injuries after a train accident.
