Imagine being a daily commuter, following all the rules, only to have your life shattered by a violent collision with a train. Or picture a family road trip, filled with laughter and joy, abruptly silenced by the thunderous impact of a derailed locomotive. Train collisions often result in catastrophic injuries or wrongful death, leaving victims and families grappling with immense physical, emotional, and financial burdens.
We at Libra Law Firm pursue justice and maximum compensation for those who have suffered from train wrecks. Our train accident attorneys have extensive experience navigating California’s complex personal injury laws, and we can deftly handle the challenges of train accident litigation. Let us help. Call us for a free consultation at (888) 565-3214 today.
What Our Newport Beach Train Accident Attorney Handles
Led by skilled and assertive attorney Sultana Kelantan, Libra Law Firm can adeptly handle train accident cases like:
- Newport Beach Transportation Authority (OCTA) accidents
- Metrolink accidents
- Amtrak accidents
- Streetcar injuries
- Other commuter train injuries
- Freight train disasters.
Contact us if you’ve been seriously injured or have lost a loved one. We’re highly experienced in personal injury and wrongful death claims, and have helped Southern Californians obtain their rightful compensation.
Common Train Accident Types
At Libra Law Firm, we have extensive experience handling a wide range of train accident cases, including:
Train Derailments
Derailments occur when one or more train cars leave the tracks, often resulting in catastrophic damage and injuries. These incidents can be caused by factors such as excessive speed, defective tracks, or equipment failure. Derailments can lead to collisions with other trains, vehicles, or structures, compounding the potential for harm.
Multi-train Crashes
When two or more trains collide, the force involved can be immense, causing severe injuries and fatalities. These accidents may occur due to signal failures, operator error, or other factors that result in trains occupying the same stretch of track simultaneously.
Train Accidents With Pedestrian and Bystander Victims
Pedestrians and bystanders near railroad tracks are at risk of being struck by trains, often with devastating consequences. These accidents can occur at designated crossings or in areas where individuals may be trespassing on railroad property.
Railroad Crossing Collisions
Collisions between trains and vehicles at railroad crossings are among the most common and deadly types of train accidents. These incidents can be caused by various factors such as malfunctioning warning signals, obstructed views, or driver error.
Non-Collision Train Accidents and Injuries
Even in the absence of a collision or derailment, individuals can sustain injuries while on or near trains. These incidents may involve slip-and-fall accidents, being struck by falling objects, or other hazards related to train operations or maintenance.
Toxic or Hazardous Materials Train Accidents
Some train accidents involve the release of toxic or hazardous materials, posing significant health risks to both train personnel and nearby communities. These incidents can result in long-term environmental damage and require extensive cleanup efforts.
Regardless of the type of train accident, the consequences can be severe and life-altering. At Libra Law Firm, our Newport Beach train accidents lawyers have the knowledge and resources to investigate these complex cases thoroughly, identify all responsible parties, and fight tirelessly to secure the compensation our clients deserve.
Who Can Pursue a Claim After a Train Accident?
After being harmed by a train accident, a variety of people may be eligible to sue, such as passengers, pedestrians, drivers, and railway workers.
Passengers on Trains
Those traveling as passengers on trains are protected by common carrier laws in California. Public transit systems, railroads, and other commercial carriers are required to exercise the highest degree of care and caution to ensure passenger safety. If a train operator or company fails to uphold this duty, injured passengers have strong grounds to pursue compensation.
Railway Employees
For railway workers injured in train accidents during the course of their employment, the Federal Employers Liability Act (FELA) provides legal protections. This federal law allows railroad employees to sue their employer for on-the-job accidents and occupational injuries resulting from negligence. However, the requirements for proving negligence under FELA can be complex.
Pedestrians, Motorists, or Bystanders
Individuals who are not passengers or employees – such as pedestrians struck by trains, motorists involved in crossing collisions, or bystanders injured by derailments – must generally rely on standard negligence laws. These laws state that railroad companies, municipalities responsible for crossings, and other parties must act with reasonable care to prevent foreseeable harm.
Regardless of your specific circumstances, if you or a loved one has been impacted by a train accident, consult an experienced Newport Beach train accidents lawyer as soon as possible. We can evaluate the details of your case, identify all potentially liable parties, and ensure you pursue the appropriate legal avenues to recover the maximum compensation possible.
Proving Negligence in Train Accident Cases
If you were an on-duty rail worker when the accident occurred, you may seek compensation by filing a FELA claim. But if you were a passenger, bystander, or motorist hurt in a train accident, your path to compensation is likely a personal injury claim on the basis of negligence.
To pursue a successful claim for financial compensation, passengers and other accident injury victims must prove that negligence occurred. This requirement is consistent with other types of personal injury cases. Common forms of negligence that can lead to train accidents include:
- Distracted operation of trains by engineers or conductors
- Train operators falling asleep at the controls
- Operating trains under the influence of alcohol or drugs
- Railroads hiring inexperienced or inadequately trained operators
- Failure to properly maintain trains, tracks, signals, and railroad crossings
- Negligent control of train traffic and operations
- Exceeding safe passenger or cargo limits for a particular train
- Defective equipment or safety mechanisms
- Inadequate warning systems at crossings.
When any form of negligence contributes to a train accident – whether it’s by a railroad company, contractor, government entity, or other parties – victims have grounds to pursue compensation.
Establishing clear evidence of negligence is crucial to hold all responsible parties accountable and to recover full damages. This includes securing testimony from witnesses, analyzing data recordings, reviewing maintenance logs, and consulting industry experts when needed.
As your Newport Beach train accidents lawyers, Libra Law Firm will thoroughly investigate to identify all negligent acts or lapses that enabled the incident to occur. You can rely on our team’s meticulous approach and unwavering dedication to building the strongest possible negligence case on your behalf. We will fight tirelessly to help you receive the full and fair compensation you deserve.
Identifying Liable Parties in Train Accident Cases
Train accidents often involve multiple potentially liable parties due to the complex nature of rail operations and infrastructure. Parties that may be held liable include:
Railroad Companies
Railroad operators have a duty to maintain their trains, tracks, signals, and other equipment in safe working condition. Failure to properly inspect and repair can constitute negligence. Railroads are also responsible for ensuring their staff are properly trained and fit for duty.
Train Crews and Operators
Engineers, conductors, and other crew members can be liable if their actions caused or contributed to the accident. Examples are distracted operation, fatigue, impairment, or excessive speeding.
Equipment Manufacturers
If an equipment defect played a role, the manufacturer may be held responsible. For instance, the track may have had faulty design, or the train may have lacked safety features or signaling devices.
Maintenance Contractors
Third-party contractors can be liable if their negligent work created hazardous conditions. Such contractors are often hired by railroads to maintain tracks, signals, crossings or other infrastructure.
Government Entities
Depending on the accident location, the government office responsible for overseeing railroad safety may share liability if inadequate oversight was a factor. This could be a state or local municipality, a mass transit agency, or a federal agency.
Property Owners
In incidents at private railroad crossings, the property owner may share liability if they failed to provide proper warning signals or signage.
As your Newport Beach train accidents lawyers, we will conduct a thorough investigation to identify all negligent entities that contributed to the incident. The process of determining liability is complex but crucial for recovering full compensation. Our team has the resources to investigate all potential negligent parties and build the strongest possible case against them on your behalf.
Damages Recoverable in California Train Accident Lawsuits
If a train accident resulting from negligence injured you or a loved one, you may be entitled to pursue compensation for a wide range of losses. In California, victims can seek recovery for both economic and non-economic losses suffered as a result of the incident. Some of the key types of damages that may be available in a train accident lawsuit include:
Medical Expenses
You may recover the costs of all reasonable and necessary medical treatment related to your injuries, including:
- Emergency medical services and transportation
- Hospital stays
- Surgeon and physician fees
- Medications
- Rehabilitative therapies
- Assistive devices like wheelchairs or prosthetics
- Home health care services
- Future anticipated medical needs.
Lost Wages
If you were forced to miss work due to your injuries, you can seek compensation for the wages, salaries, bonuses, and other income you lost during this period. You may also be compensated for potential future lost earnings if your injuries prevent you from returning to your previous job.
Pain and Suffering
You may seek damages for mental, emotional, and bodily suffering as well as for the general loss of life enjoyment. These non-economic damages are subjective but can amount to significant sums. We at Libra Law Firm can help you quantify these damages.
Permanent Disability or Disfigurement
If your accident caused permanent impairments, disabilities, disfigurements, or loss of limbs or organs, substantial compensation may be available to account for your diminished quality of life and future challenges.
Loss of Consortium
If your injuries deprive your spouse of companionship, affection, or intimacy, they may have a claim for loss of consortium damages.
Wrongful Death Damages
In the tragic event of a loved one’s death from a train accident, certain surviving family members can file a wrongful death claim. This allows recovery for losses like funeral and burial costs, loss of the deceased’s expected earnings, loss of love and companionship, and more.
The total compensation you may be entitled to can be substantial, especially if you require long-term care. When you work with Libra Law Firm, we will meticulously calculate all damages and relentlessly pursue the maximum financial recovery you deserve.
Newport Beach Train Accidents Frequently Asked Questions
What is the statute of limitations for filing a train accident lawsuit in California?
The statute of limitations is a law that sets a time period for filing personal injury lawsuits. In California, the statute of limitations for train accident injuries is generally two years from the date of the incident. This means you have two years to file a lawsuit. However, this deadline can vary based on circumstances, so it’s crucial to consult an attorney promptly to avoid losing your right to pursue compensation.
How can an Newport Beach train accidents lawyer assist me?
An experienced train accidents lawyer can provide invaluable guidance and advocacy throughout the legal process. When you hire Libra Law, we will conduct a thorough investigation, gather evidence, determine liable parties, negotiate for a fair settlement, and represent you in court if necessary. Additionally, we help ensure you receive proper medical treatment while we fight tirelessly to maximize your compensation.
What should I do if injured in a train accident?
If you’ve been hurt in a train crash, seek medical attention immediately, even if injuries seem minor. Avoid giving statements to insurance companies, and contact an Newport Beach train accidents lawyer as soon as possible. Preserving evidence and having legal representation from the outset can significantly strengthen your case.
How are train accident cases different from other personal injury claims?
Train accident litigation is particularly complex due to the number of potentially liable parties involved, as well as the catastrophic nature of injuries and immense damage in these incidents. Extensive resources are required for thorough investigation and building a strong case against well-funded railroad companies and insurers.
Do I have a case if I was trespassing on the tracks?
While trespassing can complicate matters, you may still have grounds for a claim depending on the circumstances. Our Newport Beach train accidents lawyer can evaluate the specifics of your situation and advise you accordingly. Railroad companies have a duty to implement reasonable safety measures.
How long do train accident lawsuits typically take?
There is no definitive timeline, as the duration can vary significantly based on the complexity of the case and whether it settles out of court or proceeds to trial. However, clients can expect the process to take months or even years in some instances. An experienced lawyer will work diligently to resolve your case as efficiently as possible.
Relentless Pursuit of Justice For Newport Beach Victims of Train Accidents
If you or a loved one has been injured or killed in a train accident, don’t hesitate to contact Libra Law Firm at (888) 565-3214 for a free, confidential consultation. We have obtained maximum compensation for numerous Southern Californians, and we are ready to provide our high-quality legal service to you. Call today to discuss your accident with our experienced train crash attorney.
