You're Safe with Drake - California's Premier Personal Injury Attorneys

Woodland Hills Train Accident Lawyer

California Personal Injury Attorney
You are Safe with Drake

Train accidents, although less frequent than car crashes, can have devastating consequences. In Woodland Hills, California, a suburban community located near several major train routes, accidents involving trains pose a unique set of challenges for those affected.

While the area is home to both passenger and freight train routes, incidents can happen at crossings, in stations, or even involving trespassing. Train accidents, such as collisions, derailments, or accidents at train crossings, can lead to severe injuries, fatalities, and extensive property damage.

The aftermath of a train accident requires specialized legal knowledge to navigate the intricacies of laws surrounding negligence, liability, and compensation. This is why having a dedicated, experienced train accident lawyer in Woodland Hills can make all the difference in getting the justice and compensation you deserve.

Legal Framework for Train Accident Claims

Key Laws Governing Train Accidents in California

Federal Rail Safety Laws

The Federal Railroad Administration (FRA) is the primary regulatory body overseeing the safety standards of railroads in the U.S. These regulations cover everything from track maintenance, train inspections, and operational procedures, to worker safety standards. The FRA enforces rules to minimize the risk of train accidents, such as standards for train signaling, braking systems, and the training of train operators. When an accident occurs, the FRA’s involvement can help determine if the train operator or railroad company violated any federal safety regulations.

California State Laws

In addition to federal regulations, California state law governs aspects of negligence and personal injury claims in train accidents. California follows a comparative fault system, meaning that even if the victim shares some responsibility for the accident, they may still be entitled to compensation based on their degree of fault.

For example, if a pedestrian crosses the tracks illegally but is hit by a train, they could still be compensated for their injuries, though the settlement may be reduced by their percentage of fault.

California’s premises liability laws can also apply when a train accident occurs on or near railroad property. If the railroad company or the city fails to maintain a safe environment (e.g., improperly maintained crossings), they could be held liable for any resulting injuries.

FELA (Federal Employers Liability Act)

FELA is an important federal law designed to protect railroad workers who are injured while on the job. Unlike workers' compensation laws, FELA allows injured railroad employees to sue their employers for damages resulting from workplace injuries, including those caused by negligence. Under FELA, railroads are required to provide a safe working environment for employees and can be held accountable for failing to do so.

California Civil Code

The California Civil Code governs personal injury and wrongful death claims within the state. This includes laws around negligence, premises liability, and compensation for damages such as medical expenses, lost wages, pain and suffering, and financial losses related to the accident.

Liability in Train Accidents

Negligence by Train Operators or Companies

One of the most common forms of liability in train accident cases is negligence. If the train operator was negligent—such as driving recklessly, failing to follow operational procedures, or not maintaining proper attention—the company may be held liable for the accident.

Additionally, the railroad company can be found liable for:

  • Failure to maintain the train
  • Improper training of personnel
  • Inadequate safety measures

Negligence can also extend to preventative maintenance, such as failing to repair faulty signals or tracks. If the train was involved in an accident due to poor maintenance, the railroad company could be held responsible for its failure to ensure safe operations.

Government Liability

When the train is operated by a public entity, such as Metrolink or Amtrak, there may be cases where municipalities or state agencies are held liable for an accident.

For instance, public rail systems in California may be liable under state law if their negligence caused the accident. Additionally, local governments may be accountable for failing to properly maintain public crossings or train stations.

However, pursuing a claim against a government entity involves unique legal procedures, including filing a notice of claim within a specific time frame.

Third-Party Liability

Third parties, such as contractors or track maintenance companies, may also be held liable if their negligence contributed to the accident.

Examples include:

  • A contractor failing to maintain the tracks properly
  • Faulty equipment installed by a third party causing a train malfunction
  • Another driver or pedestrian causing a crash (e.g., a vehicle stopped on the tracks)
Contributory Negligence and Comparative Fault

California follows a comparative fault system, meaning that even if you were partially at fault for the accident, you may still be entitled to compensation.

For instance, if a pedestrian crosses the tracks illegally but is struck by a train, their compensation may be reduced based on their degree of responsibility. This is where an experienced train accident attorney can help prove the extent to which the other parties involved were responsible for the accident.

Legal Rights and Compensation for Train Accident Victims

Who Can File a Claim?

Understanding who can file a claim after a train accident is a crucial first step in seeking compensation for injuries or damages. In California, several parties may be eligible to file a claim, depending on the nature of the accident and their involvement:

  • Passengers: Individuals who are injured while traveling on a train may file a claim against the train operator, railroad company, or any third parties whose negligence caused the accident.
  • Pedestrians: Those who are walking near the tracks or are crossing a railway at the time of an accident may also be entitled to compensation if the railroad company or other parties were at fault for the incident.
  • Motorists: Drivers involved in accidents at railroad crossings, where their vehicle is struck by a train, can file a claim against the train operator, the railroad company, or any parties whose negligence caused the collision.
  • Railroad Workers: Under the Federal Employers Liability Act (FELA), railroad employees who are injured on the job are entitled to file claims for personal injury against their employer for negligence. FELA offers broader protections than typical workers’ compensation laws.
  • Family Members of Deceased Victims: If a person dies as a result of a train accident, their family members may file a wrongful death claim seeking compensation for their loss. This claim can address funeral expenses, loss of support, and emotional suffering.

Types of Compensation Available

Train accidents can lead to severe injuries or even fatalities, and compensation is necessary to help victims recover from the financial and emotional toll. The types of compensation available in a train accident claim typically include:

  • Medical Expenses: Victims of train accidents may require emergency care, surgeries, physical therapy, and long-term medical treatment. Compensation can cover both immediate medical expenses (e.g., hospital stays, surgeries) and future medical needs (e.g., rehabilitation or long-term care for permanent disabilities).
  • Lost Wages and Earning Capacity: If the injury causes the victim to miss work, they are entitled to recover lost wages. For victims with long-term or permanent disabilities, they may also be entitled to compensation for the reduction in their earning capacity.
  • Pain and Suffering: This category compensates victims for the physical pain and emotional distress they experience as a result of the accident. Pain and suffering can include anxiety, depression, or PTSD caused by the traumatic incident.
  • Property Damage: If a vehicle or personal property is damaged in a train accident, victims can be compensated for repairs or replacement. This includes damage to cars involved in collisions with trains at crossings or personal items damaged in the accident.
  • Wrongful Death Claims: In cases where a victim dies in a train accident, their family members may file a wrongful death claim. Compensation can cover funeral costs, loss of financial support, loss of companionship, and emotional pain and suffering resulting from the death of a loved one.
  • Punitive Damages: In cases where the train operator, railroad company, or other responsible parties acted with gross negligence, recklessness, or intentional harm, punitive damages may be awarded. These damages are intended not only to compensate the victim but also to punish the wrongdoer for egregious conduct and deter future reckless behavior.

For example, if the train operator was driving under the influence of drugs or alcohol, or if the company knowingly ignored safety protocols, punitive damages may be considered.

Statute of Limitations

It is essential to file a claim within the statutory deadline to preserve the right to pursue compensation. In California, the statute of limitations is as follows:

  • Personal Injury Claims: Victims of train accidents have two years from the date of the accident to file a personal injury claim. If you miss this deadline, you risk losing the right to seek compensation for your injuries.
  • Wrongful Death Claims: For those filing a wrongful death claim on behalf of a deceased loved one, the statute of limitations is also two years from the date of death.

This timeline can be tricky, as it may not be immediately clear that a person’s death was caused by the train accident. Delays in discovering the cause of death could affect the claim’s timeline.

Contact Drake Law Firm for Your Woodland Hills Train Accident

Navigating a train accident case can be an overwhelming and complex process, often involving multiple parties such as railroad companies, government entities, and insurance providers.

The impact of train accidents can be devastating, and securing the right legal assistance is vital to ensure that victims receive the compensation they deserve.

If you or a loved one has been involved in a train accident in Woodland Hills, don't hesitate to reach out to Drake Law Firm for professional and compassionate legal representation.

Our team is dedicated to helping you understand your rights and fight for the compensation you deserve. Contact us for a free consultation to discuss your case, explore your options, and begin your journey toward recovery.

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