California Train Accident Lawyer

Train Accidents Can Happen in Many Different Ways

Train accident claims can arise from more than a major derailment. Injuries may occur when trains collide with cars or trucks at railroad crossings, strike pedestrians, experience sudden movements, collide with other rail equipment, or are involved in incidents affecting passengers.

California’s rail-safety system covers railroad safety, rail-transit safety, and crossings where roadways intersect rail lines. The Federal Railroad Administration separately maintains accident, casualty, and highway-rail crossing safety data for the national railroad system.

Because the circumstances can vary substantially, determining what type of rail operation was involved and who controlled it can be an important first step in evaluating a potential injury claim.

Railroad Crossing Accidents

Railroad crossings are one of the most recognizable areas where trains, motorists, cyclists, and pedestrians interact.

A crossing collision may involve a vehicle on the tracks, warning devices, gates, signals, sight-distance concerns, roadway conditions, or decisions made by the train crew or roadway user. California maintains specific rules and regulatory oversight relating to public railroad crossings and warning devices.

The Federal Railroad Administration also maintains detailed highway-rail crossing incident and inventory data and tracks reported warning-system activation failures.

After a serious crossing accident, evidence may include photographs, video, crossing signals, vehicle damage, witness information, train data, and records relating to the particular crossing and train involved.

Pedestrian Train Accidents

Pedestrians can suffer catastrophic or fatal injuries when struck by trains because there is very little physical protection from the impact.

Pedestrian rail accidents may happen at designated crossings, stations, platforms, or other areas where people and rail operations intersect. The circumstances surrounding where the person was located, how the train approached, visibility, warnings, and the layout of the area can become important when investigating what occurred.

The FRA tracks railroad casualty information separately from train-equipment accidents and highway-rail crossing incidents, reflecting the different types of safety events that can occur around railroad operations.

When a pedestrian is injured in a rail-related incident, DAG Law Firm’s California pedestrian accident practice may provide additional information about serious pedestrian injury claims.

Passenger Injuries on Trains and Rail Transit

Passengers can also suffer injuries without being struck by a train from outside.

Depending on what occurred, a passenger may be injured in a collision, derailment, abrupt movement, boarding or exiting incident, or another event connected to train operations. California’s Public Utilities Commission oversees rail-transit safety programs in addition to railroad and crossing safety.

Passenger cases may involve commuter rail, light rail, public transit systems, or privately operated passenger services. Identifying the operator is particularly important because it can affect the parties involved, available records, and potentially the claim procedures that apply.

Trip information, tickets, transit records, photographs, witness statements, medical documentation, and available video may help establish the circumstances of the injury.

Train Derailment Injury Claims

A derailment can expose passengers, employees, motorists, nearby pedestrians, and surrounding communities to serious risks depending on the circumstances.

An investigation may examine train operations, track conditions, equipment, maintenance, signaling, speed, communications, and other factors relevant to why the train left the rails. Federal railroad safety data distinguishes train accidents from highway-rail crossing incidents and other casualty events, and railroads are subject to federal safety reporting requirements.

Derailments can also produce substantial amounts of technical evidence. Preserving records and identifying the parties responsible for the train, track, equipment, and relevant operations may therefore become important in serious injury cases.

Who May Be Liable for a California Train Accident?

Responsibility for a train accident depends on how the incident occurred and who controlled the relevant operation or property.

Potentially responsible parties may include a railroad company, transit agency, train operator, employer, maintenance provider, contractor, property-related party, equipment-related company, vehicle driver, or another person or business whose conduct contributed to the accident.

California’s rail network includes regulated railroads and rail-transit systems, and different agencies may have responsibility for different types of rail operations and crossings.

Some accidents can involve more than one potentially responsible party. A crossing collision, for example, may require evaluating both the actions of roadway users and rail-related conditions. Liability should therefore be determined from the particular evidence rather than assumed solely because a train was involved.

Common Injuries After a Train Accident

Train accidents can cause traumatic brain injuries, spinal injuries, fractures, crush injuries, internal trauma, severe lacerations, orthopedic injuries, nerve damage, and other serious conditions.

A person injured in a major collision or derailment may require emergency care, hospitalization, surgery, rehabilitation, physical therapy, or ongoing medical treatment. Serious injuries can also affect employment, independence, mobility, and everyday activities.

When a train accident causes significant head trauma, DAG Law Firm’s California brain injury practice provides additional information about traumatic brain injury claims.

Fatal train accidents may also raise potential wrongful death claims for qualifying family members, depending on the circumstances.

Evidence That May Help a Train Accident Claim

Train accidents can generate substantial physical, electronic, documentary, and video evidence.

Potential evidence may include photographs of the scene, surveillance video, station or crossing cameras, witness statements, police or agency reports, train information, event data, maintenance records, inspection information, communications, crossing records, passenger records, and medical documentation.

The FRA maintains formal accident and incident reporting systems covering train accidents, crossing incidents, casualties, and other railroad safety events, while California also maintains regulatory oversight of rail crossings and rail safety.

Some evidence may become harder to obtain as time passes. Early identification of the train, operator, agency, crossing, witnesses, and potential sources of video can therefore be important.

Train Accident Deadlines and Public Transit Claims

Train accident deadlines can be especially complicated because some rail systems are operated by government or public transit entities.

California Courts specifically identifies bus and light-rail agencies as examples of government entities. Before certain personal injury lawsuits against a California government agency can proceed, an administrative claim generally must first be submitted. For injury claims, that preliminary deadline is generally six months, subject to exceptions.

If a government claim is formally denied, California Courts explains that an additional six-month period generally applies for filing the lawsuit. Different circumstances, including no agency response, may produce different timelines.

Privately operated railroad cases can involve different procedural issues. Because the correct deadline depends on the operator, parties, and circumstances, an injured person should not assume that every California train accident follows the same timeline.

California Train Accident Resources and How DAG Law Firm Can Help

Train and railroad accidents can involve passengers, pedestrians, motorists, cyclists, railroad crossings, stations, platforms, derailments, commuter rail systems, or other rail operations. These cases may also involve private railroad companies, transit agencies, contractors, government entities, or multiple potentially responsible parties.

DAG Law Firm, APC can review how the train accident occurred, identify the railroad company, transit agency, government entity, contractor, or other potentially responsible parties, and evaluate available accident reports, surveillance footage, witness information, train or crossing records, medical documentation, and insurance issues.

Train accidents involving pedestrians may overlap with our California pedestrian accident practice. Serious collisions may also result in traumatic brain injuries or fatal injuries that may lead to a wrongful death claim.

Because public transit or government entities may sometimes be involved, identifying the correct operator and applicable deadlines can be particularly important.

You do not pay attorney fees unless we win your case. There are no upfront attorney fees for qualifying train accident matters handled on a contingency fee basis.

Call (323) 930-2020 or contact DAG Law Firm today to discuss your situation.