Los Angeles Train Accident Lawyer

According to the Federal Railroad Administration (FRA), California has one of the highest rates of rail and subway accidents in the country.

In 2021, there were 2,194 rail incidents statewide, resulting in approximately 275 deaths and more than 800 injuries. For decades, California has led the nation in train wrecks, with 172 incidents, 43 deaths, and 38 injuries in 2022, making it the second-highest state in terms of casualties. So, what happens to victims after a railroad accident – can they seek compensation?

Traveling by rail, whether by train, light rail, or subway, is safe. However, although no major catastrophes occur, there are an average of three daily incidents. As with any other mode of transportation, there are a variety of causes that can lead to train accidents. Unfortunately, the consequences can be devastating for the victims.

If you have been the victim of a train collision or derailment in California, you may be able to file a claim for damages. If you have been involved in a train accident and want to learn more about your legal options, read on.

How Frequently Do Subway and Railway Accidents Happen?

In 2013, the average fatality rate was one killed for every 8.3 accidents and one injured for every 2.2 accidents. A ten-year study also found a ratio of 0.43 passengers dead in train and subway accidents per billion passengers. The average number of people boarding an Amtrak train in California is approximately 12 million, averaging 136 miles per trip.

As of 2022, there were 2,194 incidents on the tracks, with 274 fatalities, over 1,100 derailments, and about 120 collisions. However, 2021 was a much more critical year in terms of deaths and injuries from rail accidents. With 893 fatalities, 2021 recorded a 20% increase over 2020, when 744 lives were lost. It was the deadliest year since 2007. There was also a 21% jump in the number of people injured. However, despite this small spike, train and subway accidents have dropped by 55% since 2000.

Nationally, as noted above, California has the second-highest number of railway incidents. The state had its worst years in 2015 and 2016, when it experienced a 21% increase in fatal accidents.

The Different Types of Train Accidents

Pedestrians or Cyclists Hit by a Train

Whether due to inattention, listening to music, recklessness, or surprise, a large proportion of reported fatalities involve pedestrians walking or crossing a track as a train passes.

Train Collisions

Although rare, the collision of two trains usually occurs because of human error. It can happen because one of the engineers failed to follow instructions or the controller negligently placed two trains on the same track facing each other. Because of the speed and weight of the cars, a train-to-train accident is often catastrophic.

Trains Crashing Into Cars and Vice Versa

Another of the most common cases is trains colliding with cars crossing the tracks. In most cases, the car driver thinks he has time to cross the tracks before the train passes. Other times, the vehicle is stopped in the tracks because of traffic ahead.

Derailments

This type of incident occurs when a train car leaves the tracks. When this happens, it usually affects the rest of the locomotive, causing passengers inside to experience sudden movements that can result in serious injuries. Occasionally, a derailment can lead to accidents against nearby infrastructure.

Although some trains may be owned by private companies and others by public agencies, the California Public Utilities Commission controls all rail vehicles. Several commuter rail agencies connect different parts of California with different types of trains.

• BART
• Muni
• VTA
• Caltrain
• Altamont Commuter Express
• Sacramento Regional Transit
• NCTD
• San Diego Trolley
• LA Metro
• Metrolink

Although train and subway accidents have decreased by 28% since 2000, there are still an average of three train incidents per day in the United States.

Possible Causes of Railroad Accident Injuries

Trains remain a fairly popular means of transportation.

This is mainly because commuter trains or streetcars connect different parts and cities of a state. The United States alone has over 600 rail lines and over 200,000 railroad crossings. With so many thousands of miles of track, it is not uncommon for negligence to occur and cause a railroad incident.

While the numbers are not extremely alarming, being involved in a derailment or collision can be deadly—both for the vehicle and for those in the train cars. It is especially violent for the automobiles that are struck since they are not designed to withstand the impact of a train.

The force of a 30-car freight locomotive hitting a car is the same as a car hitting a soda can. Although each case is unique, there is a list of incidents that commonly cause railroad accident injuries and fatalities.

Negligence

This can come from the railroad agency or company itself, an employee, or even the manufacturer of the train parts. For example, if the operator forgets to turn on the train passing a warning signal.

Mechanical Failure or Defect

Even if safety procedures are followed, and the parts that make up a locomotive and the tracks are in perfect condition, you never know when a problem will arise. The train is a complex mode of transportation comprised of many parts, so it is not uncommon for a failure to occur that could lead to a train accident and cause injury.

Human Error

The importance of having professionals who are experienced with trains is very high. As we have just mentioned, it is a complex means of transportation. If no experts know how to coordinate and operate the locomotives, catastrophic accidents can occur. In this case, human error can range from driver fatigue or tiredness to vision problems or lack of knowledge.

Reckless or Reckless Vehicles or Pedestrians

Train accidents can be caused by anyone. Passing through a crossing when the signal does not allow it or leaving a vehicle in the middle of the tracks can cause many problems for the locomotive and its crew, in addition to causing serious injury or death to the motorist or pedestrian.

Speeding Trains

When a car drives too fast, the chances of a collision increase. The same is true for trains. The higher the speed, the greater the likelihood of derailment and overturning.

Obstacles on Railroad Tracks

Not only pedestrians and vehicles but any object can cause an incident. Obstructions are a common problem and the cause of many derailments. Drivers must be alert and apply the brakes in time to avoid accidents.

Lack of Safety

A lack of warning devices and signals is the root of many railroad incidents. This lack of safety includes insufficient visibility, the driver or engineer’s distraction, working under the influence of alcohol or drugs, malfunctioning signals or gates, etc.

Suicides

Unfortunately, some people choose to take their own lives in front of a train or subway. Each year, an estimated 220 people commit suicide by jumping or standing in front of trains. The rate of attempted suicides or people who have taken their own lives on the subway is significantly higher.

Case Histories of Railroad and Subway Accidents in California

As the second most accident-prone state, California has recently improved rail safety to prevent further accidents and derailments.

Since the beginning of the 21st century, several serious incidents have occurred throughout the state. In 2002, a head-on collision between a freight train and a Metrolink commuter train killed three people and injured 162. Later, in 2005, a suicide attempt with a car resulted in 11 deaths and 180 passengers injured.

In 2008, the negligence of a train engineer who was texting led to a head-on collision after the train ran a red light. Twenty-five people died, and 135 were seriously injured. It was one of the deadliest rail disasters in the state’s history.

In 2015, a truck that got stuck on a railroad crossing was the cause of an accident. It killed the engineer and injured 29 people.

The most recent rail accident in California occurred in June 2023. An Amtrak train derailed after a violent collision with a truck, and approximately 15 people were injured.

Who is at Fault in a Subway and Railroad Accident?

When a railroad catastrophe occurs in California, several issues must be considered before filing an injury or wrongful death lawsuit. Yes, the railroad company has a responsibility to ensure the safety of its passengers and citizens. However, in the event of an incident, liability may involve more parties.

The Engineer and Operator

The engineer and operator are responsible for following safety protocols. They must ensure and guarantee that the train is operating properly. If the engineer or operator falls asleep, forgets to turn on a signal, or is negligent in driving the train, they are primarily responsible.

The Railroad Company

Whether private or public, the railroad company involved in the accident has a duty to maintain safe operations and infrastructure. Negligence in these areas can make them liable.

The Manufacturer

The manufacturer of the train or track parts. They may be liable for the accident if they manufacture defective parts that cause a train accident.

The Vehicle Driver

The driver of an automobile who, voluntarily or not, caused a collision. Their negligence can be a significant factor in accidents involving trains.

The Track Owner

The owner of the tracks. Not all railroad tracks are owned by the federal government. Some sections belong to private companies, and others belong to public entities. The owner may be liable for negligence if the track has a defect, a reported obstruction, or a failure to maintain it properly.

A claim can also be made if the driver alleges that warning signals were inadequate to warn of a train’s approach. Over 80% of crossings nationwide are estimated to lack adequate warning devices.

Statute of Limitations: When Can You File an Injury or Wrongful Death Lawsuit?

The statute of limitations for filing an injury lawsuit in a California railroad incident is two years. However, the timeline changes if a government agency or entity is involved. In such cases, seeking legal assistance from an experienced professional is crucial.

When suing the government for negligence, the victim has just six months to file a claim. If there is no response within six months, the matter can be taken to court. Additionally, in the case of a wrongful death, the two-year period begins from the date of death.

The Importance of Hiring a Legal Expert for a Train Accident Claim

These incidents are by no means common. However, the consequences in the form of injuries can be very cruel to the victims and their families. When an attorney is called for help, they will do everything possible to build a strong case. The lawyer will hire experts to thoroughly investigate the train accident and gather evidence to strengthen the case.

Hiring a subway and railroad accident attorney is the only way to get fair compensation. Otherwise, victims will not know if they are entitled to financial recovery for their injuries.

In addition, when dealing with public entities such as METRO, BART, or Amtrak, their legal representation team will always try to avoid the claim that the negligence was entirely theirs. They will usually try to offer victims a low settlement. In this way, they minimize payouts and limit any public legal exposure.

With an experienced California train accident lawyer like those at Adamson Ahdoot, a victim will have a qualified and ambitious team on their side, ready to seek justice and protect their rights.

How to Choose the Right Subway Accident Lawyer

Selecting the right subway accident attorney is crucial for receiving the best representation. Here are some key factors to consider:

Experience and Expertise

Look for a lawyer with extensive experience handling subway and railroad accident cases. Their expertise in navigating the complexities of these cases can be invaluable.

Track Record

A lawyer with a proven track record of successful settlements and verdicts can increase your chances of securing fair compensation.

Client Testimonials

Reading testimonials from previous clients can provide insight into the lawyer’s communication style, professionalism, and effectiveness.

Resources

Ensure that the lawyer has the necessary resources to thoroughly investigate your case, including access to expert witnesses and advanced technology for accident reconstruction.

Personalized Attention

Choose a lawyer committed to providing personalized attention and keeping you informed throughout the legal process.

Additional Statistics and Information on Train Accidents

The Human Toll of Train Accidents

Train accidents have a profound impact on the lives of victims and their families. Beyond the immediate physical injuries, victims often face long-term medical treatments, rehabilitation, and significant emotional distress.

The financial burden can be overwhelming, with mounting medical bills, lost wages, and other associated costs. In severe cases, accidents can result in permanent disabilities, affecting the quality of life of victims and their ability to work.

Impact on Communities

Train accidents also affect entire communities. They can disrupt local transportation systems, delay commuter services, and create a sense of insecurity among residents. Communities often rally around victims and their families, but the emotional scars can linger long after the incident.

The Role of Technology in Preventing Accidents

Technology advancements can reduce the frequency and severity of train accidents. Automated warning systems, improved track maintenance technologies, and enhanced train control systems can help prevent accidents. Implementing these technologies across all rail networks is crucial to improving safety.

Government and Industry Efforts

Both government agencies and the railroad industry are working to improve safety standards. The Federal Railroad Administration (FRA) sets regulations and standards for rail safety, while individual rail companies invest in safety training and infrastructure improvements. These efforts aim to reduce accidents and improve response times when incidents occur.

Legal Rights of Train Accident Victims

Victims of train accidents have specific legal rights. They can seek compensation for their injuries through personal injury claims. These claims can cover medical expenses, lost wages, pain and suffering, and other related costs. Victims must understand their rights and the legal process of filing a claim.

The Importance of Evidence in Train Accident Cases

Gathering evidence is critical to building a strong legal case. This includes obtaining accident reports, medical records, witness statements, and expert testimony. An experienced train accident lawyer can help victims effectively collect and present this evidence.

Navigating Insurance Claims

Dealing with insurance companies can be challenging for accident victims. Insurance adjusters may attempt to minimize payouts or deny claims altogether. Having a skilled lawyer on your side can help ensure you receive the compensation you deserve.

Seeking Medical Attention After an Accident

Victims must seek immediate medical attention after a train accident, even if injuries appear minor. Some injuries may not manifest symptoms immediately but can have serious long-term effects. Medical documentation is also essential for supporting legal claims.

Psychological Impact of Train Accidents

Train accidents can have lasting psychological effects on victims and witnesses. Post-traumatic stress disorder (PTSD), anxiety, and depression are common among those affected. Mental health support and counseling can be critical components of the recovery process.

Community Support and Resources

Many communities offer support resources for train accident victims. These may include counseling services, support groups, and financial assistance programs. Connecting with these resources can help victims and their families navigate the aftermath of an accident.

The Future of Train Safety

The future of train safety lies in continued investment in technology, infrastructure, and training. Collaboration between government agencies, industry stakeholders, and communities is essential to creating safer rail systems. Advocating for stronger safety regulations and better enforcement can also help reduce accidents.

Over 100 Years of Combined Injury Law Experience

As one of the state’s most respected and highly rated law firms, Adamson Ahdoot is proud to defend the interests of California’s citizens. We strive to be the personal injury law firm that obtains the most valuable compensation for our clients. Our work ethic and compassion allow us to receive fair compensation for our victims’ pain and suffering.

If you have been the victim of negligence on a California subway or railroad, we invite you to call us. Our team is available 24/7 to provide you with a free consultation on your case. Plus, our experts are bilingual in Spanish and English if you are more comfortable speaking your language.