Legal Considerations in Train and Railroad Accidents

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Legal Considerations in Train and Railroad Accidents2021-07-09T07:22:09+00:00

Legal Considerations in Train and Railroad Accidents

Share Your Experience with a Skilled Train Accident Attorney in LA

Legal Considerations in Train and Railroad AccidentsAcross the country, millions of Americans rely on commuter rails, subways, and additional passenger trains to travel or commute to their next destination. While convenient, the risk of getting into an unexpected crash remains. Tragically, more than 3,000 train accidents occur annually in the U.S. according to the Federal Railroad Administration. Of them, more than 1,000 people die, while other victims are left with life-threatening injuries. When you are involved in a railroad accident, the first thing you should do as a passenger is to assess your injuries and pursue emergency treatment. When you’re able, reach out to our compassionate personal injury attorney in Los Angeles to recover compensation.

Common Causes of Train Accidents

As frequent passengers, we understand your concerns about railroad safety. The negligence of a company, engineer, or conductor can cost hundreds or thousands of innocent lives. Contributing factors of a train crash are:

  • Mechanical and electrical failures
  • Structural defects on the train track or roadbed
  • Lack of maintenance and upkeep
  • Human error – ranges from poor signal communication to inexperience and negligence

There may be a combination of oversights that led to such a devastating outcome. In a personal injury case, you have to prove that the responsible party or parties violated their legal duty of care. Additionally, you should be able to show that you suffered losses because of the injuries you sustained. Establishing liability may not be easy to figure out on your own, as metro cases can be complex and involve more than one defendant. Instead, turn to an experienced metro accident lawyer in Los Angeles.

The public transportation system, operated by the Los Angeles County Metropolitan Transit Authority (LACMTA), is considered a government entity. If the crash was caused by a roadbed defect the government is liable for failing to maintain its structural integrity. Unless you are suing on behalf of a loved one in a wrongful death suit, or against a non-government entity, there are certain criteria to follow.

California Tort Claims Law

In California, there is a certain procedure that you should follow when filing your claim. Failing to do so could risk your chances of being able to pursue compensation, even with the help of a train wreck attorney in Los Angeles. It is critical that you follow the following rules:

  • Submit a claim to the LACMTA within six months after the accident.
  • Make sure to provide your contact information and identify the LACMTA as the organization that caused your injuries.
  • Include a detailed description of what took place especially date, time, and location.

It is important to note that your claim can still get rejected even if you file within the designated timeframe and follow strict guidelines. Within one year after getting denied your lawyer for personal injury settlements may be able to file another lawsuit on your behalf, but a different set of rules will apply. Because you have significantly less time to act, it will be challenging to reach a settlement altogether.

Common Carries

A common carrier is a person or company that transports goods or passengers regularly and at set rates. Railways are one of many transportation providers with a legal responsibility to make sure passengers reach their destination safely. Failure to do so makes the company liable when someone gets hurt. Especially if an attorney for train injuries can prove the incident could have been prevented had the carrier exercised a greater duty of care.

According to the Interstate Commerce Act, Congress can regulate common carriers that transport passengers or shipments across state lines. As the victim of a metro accident, you should know how federal laws “take precedence” over state laws when it comes to governing railways. The Federal Railroad Administration (FRA) oversees all railroad operations and enforce all safety regulations, which apply to:

  • Equipment requirements
  • Licensing
  • Transportation procedures

In a non-government claim, you simply have to show that the train company failed to uphold their responsibility to federal laws to prove, which we refer to as liability per se. Your legal counsel will determine and pursue all damages caused.

Injured Railway Workers Can Also Request Compensation

Train accidents can have such an emotional, physical, and financial toll on passengers. However, they are not the only people that get injured onboard. Railway workers who get hurt on the job can also pursue financial restitution. Under the Federal Employers’ Liability Act (FELA), employees are protected if they can demonstrate the railroad contributed to their injury. Differing from California workers’ compensation claims, FELA is harder to achieve. You should request legal advice first, to make sure that you are not denied the benefits you are entitled to. It applies if:

  • The accident occurred while an employee was working.
  • If the railroad took part in interstate commerce between two states.
  • The railroad contributed to your wounds.

Generally, employees must have evidence to support allegations that the railway did not provide a safe work environment. If successful, you can recover medical costs, lost earnings, emotional distress, pain, and suffering. Similarly, if your loved one worked for the LACMTA you can recover on their behalf.

Whether your train collided with a bus, another train, derailed, or caught on fire, you should retain an attorney immediately. You deserve a dedicated, knowledgeable legal professional with a solid reputation in Los Angeles. For a free case evaluation, reach out to us, at Grey Law.

Set Up A Free Consultation with a Metro Accident Law Firm

“When it comes to getting you more, I won’t settle for less.” – David Grey

When you or a loved one are injured due to negligence, carelessness, or wrongful acts of another person, David Grey is ready to help. Seeking compensation or negotiating with insurance companies can be stressful, especially while recovering. Let us do that for you. Our Los Angeles personal injury lawyers are well-versed in several practice areas:

  • Traffic Accidents
  • Premises Accidents
  • Personal Injuries
  • Product Liability
  • Nursing Home Abuse

Why do you need a lawyer for accident compensation? With thousands of lawyers in California, we understand it can be difficult to choose the right legal representation. We have 35+ years of experience and secured millions for our clients. From the time you retain our firm, we build your case. For a free case evaluation and consultation, reach out to us at 323-768-0497 or email info@greylaw.com 

Contact a Train Accident Lawyer Los Angeles

If you have been involved in a train accident, you should never wait to contact a personal injury lawyer Los Angeles. The longer you wait, the more of a risk that you run in preserving evidence. It is important that you get in contact with an attorney as quickly as possible, so that your lawyer can work on your case and get you the justice and compensation you deserve. We will work diligently to identify all the parties responsible for your injuries.

We will handle everything from finding the responsible parties, preserving evidence, talking to witnesses, hiring reconstruction experts, negotiating with insurance adjusters and train companies, and so much more.

Let us help you from start to finish. We offer free consultations and work on a contingency fee basis, which means you do not have to pay a thing unless we win!

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