Train use is on the rise and so are train related accidents.
While trains are convenient for travel and freight transport, they have become a greater danger over the years as their speed increases.
Sometimes railway accidents are caused by human error, but other causes include derailment, explosions on board, and bridge collapses.
When a passenger is injured while using public transportation, the public transport company may be held legally responsible for passenger injuries.
According to law, public transportation providers such as municipal and state-run trains, buses and light rail systems are known as “public transport companies.”
If you or a loved one were the victims of a train accident, you might be entitled to a legal recovery to obtain compensation for financial damage or health issues related to the accident.
Due to the lower safety measures compared to other motor vehicles, it is not uncommon for injuries resulting from a train accident to be extreme.
Life after a serious accident can be physically and emotionally challenging, and going through the legal process to get compensation can be frustrating.
Train Accidents and Injuries in California
Metro link is a regional rail system that provides transportation to people in Los Angeles County traveling between Orange, Riverside and San Bernardino.
Metro link was designed as a public transportation system to reduce congestion on highways and improve overall mobility in Southern California.
Many Los Angeles County residents use Metro link and depend on it for their daily transportation needs.
Metro link is the seventh largest rail system in the nation between railway systems of proximity, has the second highest number of deaths, only behind New Jersey transit, which trains travel six times more miles than Metro link on an annual basis and carry five times the number of passengers.
Reports from the Federal Railroad Administration indicate that over a six-year period, 39 of the 61 passengers killed across the country were involved with the Metro link trains.
Metro link crashed at Glendale in 2005 and Chatsworth in 2008 accounted for almost all of the 39 deaths.
From 1998 to 2008, Metro link has had 99 fatalities, more than any other system of commuter trains with almost eight times more passengers.
Under California law, common carriers are kept at a high level of attention than other transportation services or even other drivers. Civil Code § 2100 stipulates that common carriers “must use the utmost care and diligence for safe transportation, must provide everything necessary for that purpose, and must exercise a reasonable level of skill.”
Why Do Train Accidents Happen?
Despite these high standards, there is still an alarming number of common carrier crashes, such as Metro link.
Metro link crashes can be caused by some reasons, including:
- Collisions with other subway trains or with freight trains that share the track.
- Inattention of the engineer or driver.
- Failing to see inadequate or inoperative signals that warn of another train on the tracks.
- Derailments on runways in poor conditions.
- A lack of train maintenance.
- Failure to comply with safety regulations.
- Driver fatigue.
When you or a loved one has been injured in a Metro link accident contact a railroad accident lawyer who has experience at Avrek Law Firm to discuss your case.
Understanding the process of a training injury
The window of time available to take legal action following a train accident is minimal, especially with the complex process of filing lawsuits against government rail lines and commercial rail lines. It is essential that your injury lawyer has the experience of carrying out specific accident-related train processes in the state of California.
Whether you have been the victim of a train accident resulting from operator negligence, manufacturer liability, malicious intent or death caused by negligence, you may be entitled to financial compensation for damages and injuries.
In the process of filing a claim related to a train accident, it is important to establish the liability of those involved and the exact cause of the accident.
Common Types of Train Accidents
California injury attorneys from Avrek Law Firm can handle railroad accident cases, including:
- Derailment of vehicles.
- Collisions of freight trains and passenger trains.
- Wagons parked incorrectly.
- Negligent rail maintenance.
- Sudden train movements.
- Wrongful death
- Improper maintenance of railway terminals.
- Unnoticed security hazards.
- Work Accidents.
- Negligence in design-level maintenance.
- The negligence of drivers or engineers.
Common Injuries From Train Accidents
Although the train is one of the most secure means of transport, private or government-operated train passengers are casual accident victims, suffering injuries that may include:
- Fractured bones.
- Lacerations, bruises, and abrasions.
- Dislocated bones.
- Cosmetic disfigurement.
- Neck and spine injuries.
- Head trauma.
- Cervical trauma.
What Has Congress Done To Reduce Train Accidents?
Many laws exist to protect the safety of train passengers. Following the tragedy of Metro link Chatsworth, the US Congress passed the Rail Safety Improvement Act.
The act requires rail agencies to install, by the end of December 2015, a satellite system that automatically stops trains passing the red lights.
Metro link is also studying “automatic train stop devices,” a technology of the 1940s that automatically stops the train running a signal.
This is considered as an intermediate step until positive trains control can be installed.
Can I get compensation if I was involved in a train accident?
In situations where your insurance does not sufficiently cover some damages, you can receive compensation beyond your coverage limits.
At Avrek Law Firm, our injury attorneys will assist you in taking the appropriate legal action against the defendant or your insurance agency.
Whether you are dealing with a government-owned railroad, an unskilled commercial company, or an insurer seeking to limit the total amount of damages, we are committed to obtaining the maximum compensation on your behalf.
It is important to fully understand your legal situation and our lawyers will guide you to determine if your train accident occurred as a result of negligence, manufacturer liability, death caused by negligence or maliciousness.
As a train accident victim, you may have legal recourse to obtain compensation for the following:
- Payment for current or developing medical expenses.
- Payment for physical and emotional alterations.
- Payment for affection to the economy and ability to generate income.
- Payment for pain and suffering.
Do I Need a Lawyer For My Train Accident?
When people suffer a significant injury in a train collision, they often suffer painful injuries that result in temporary or permanent incapacity of employment.
When you cannot work because you are in recovery, the financial pressure of medical expenses and other legal obligations can be extremely stressful.
When facing the physical, emotional and financial challenges resulting from the accident, train collision injuries must be taken into account carefully to avoid compromising your legal right to financial compensation.
Talk to a lawyer about your train accident and understanding the details of a case is crucial to the outcome of your lawsuit and it is important to be conscious about your legal rights.
At Avrek Law Firm in California, our attorneys have over 30 years of collective experience dealing with personal injury law and can assist you in getting compensation for your train accident.
To speak with a personal injury lawyer about your train accident, please contact us for a free consultation.