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 AccidentsTrain 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.
When a Railroad Company is Guilty of NegligenceIf 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.