California Train Accident Lawyer

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TRAIN ACCIDENT ATTORNEYS IN SAN DIEGO

Have you been involved in a train accident in the state of California? Our firm specializes in train accident cases and can help you fight for the compensation that you deserve. Give us a call today to get started. Our consultations are always free and you pay nothing if your case doesn’t settle. Give us a call by dialling 858-900-9911 to schedule a free consultation.

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WHAT TO DO AFTER BEING INJURED IN A TRAIN COLLISION

In need of a California Train Accident Lawyer? Many people aren’t aware of the frequency of train accidents. Derailments and collisions are a daily occurrence across the United States. One is said to occur every 90 minutes on average.

Some of these incidents, like the recent headline-grabbing Amtrak derailment, result in death. Many more incidents result in passengers injured.

In an average year, over 2,000 Americans find themselves injured or suffered injuries for your case and want a settlement from a train crash or train related incident.

If you were injured in a train crash you’ll want to know your rights and the responsibilities of the railroad companies. Read on for more.

Checking Your Injuries & Health

The first and most vital thing you can do following a train crash case is to seek immediate medical help.

Even if you believe the injuries you’ve sustained from the accident are minor, you should seek a doctor’s second opinion.

Common injuries resulting from train accidents include:

  • Spinal Cord Damage
  • Fractured or Broken Bones
  • Paralysis
  • Concussion of Minor Traumatic Brain Damage
  • Dislocations
  • Torn Tendons
  • Muscle or Tissue Damage
  • Emotional Disorders
  • PTSD
You should follow the immediate recommendations of your medical supervisor.
If you are planning on taking legal action against the railroad company following a train crash, you will need certified proof of any injuries sustained. The sooner you see a doctor following an accident the better– for yourself and for your case!
You may be wondering what level of responsibility a railroad company has in the safety of its passengers.
The answer may not be as clear-cut as you expect.
Railroad companies are considered by law to be common carriers, which are entities that transport public people for a fee. The legal requirement of this designation does not require railroad companies to guarantee their passenger’s safety.
It does require them to exhibit the highest degree of care and vigilance possible. A railroad company would have to be able to prove in a court of law that they did all that could reasonably be expected of them in preventing an accident.
If they could not do this, they would be considered liable for damages caused by the accident.
This expectation extends to all areas of the railroad’s influence including loading and unloading stations.
Most modern trains are required to have a “black box” installed somewhere in their locomotive.
These boxes are recording devices that keep track of information relating to the train’s performance. They keep note of how fast the train is moving, its direction, even brake and horn use.
These devices were originally designed for airplanes and are now used in almost all forms of public transportation.
The information stored in the black box can be hugely helpful in determining if significant care and vigilance were taken.

WHAT CAUSES A TRAIN CRASH?

A railroad-related accident can be caused by a variety of issues. Many of causes could find a railroad company at fault.
Sometimes trains go through a mechanical failure with accidents being caused by something like a faulty breaking mechanism. This is usually due to poor maintenance on the part of the railroad company.

Trains carrying heavy cargo may run into issues in slowing or stopping. This can often result in collision or derailments.

Fatigue, intoxication, or general irresponsibility exhibited by train conductors has also been a known cause of railroad accidents.

Outside of the train itself, the railroad company is expected to maintain all other aspects that could affect train safety. These include ensuring the maintenance of the tracks themselves.

It also means ensuring that train crossing areas are marked clearly and properly and that all crossing gates and lights are
functioning at peak performance.

If an automobile driver were to cause a collision as a result of unclear railway crossing signage, the railroad company would still be liable for all damages.

Individuals need not be riding the train to be potentially owed damages by a railroad company.

Many train accidents involve injuries to bystanders and pedestrians. These accidents may happen as a train comes in or leaves a station.

In the case of the Amtrack incident, it may involve a train creating damage on a roadway adjacent to the train tracks.

If damages sustained by bystanders can be proven to be caused by the negligence of the railroad company, they have a right to sue just as any passenger does
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