California Train Accident Lawyer

Maison Law advocates on behalf of train accident victims in California. If you or a loved one has been injured in a train accident, the personal injury attorneys at Maison Law will aggressively pursue the compensation you need to fully recover the damage done to your life. Contact Maison Law today for a free consultation and case evaluation.

Do I Need a Lawyer for a Train Accident in California?

In California, the BNSF Railway Company, Union Pacific Railroad Company, and California Northern Railroad are all train companies specializing in transporting passengers and goods across the Golden State. With so many moving parts involved in railroad transport, there are, sadly, costly errors that can occur, leading to severe injuries or even the loss of a life.

If you’re injured while riding on a train, you will most likely have two options. You can settle with the train company’s insurance or file a personal injury lawsuit through an attorney. The unfortunate truth of settling with the train company’s insurance is that their goal will be to convince you to settle for the smallest amount possible. Insurance adjusters are professionals at minimizing your injuries or even tricking you into taking partial responsibility for your injuries. The process can become a nightmare very quickly.

Fortunately, most experienced personal injury attorneys are experts at holding insurance companies responsible for the full extent of your damages. Attorneys will be looking to maximize your compensation. Their goal will be to ensure you are medically and financially covered. An attorney will pursue the following damages on your behalf:

• Emergency room treatment
• Hospital bills
• Medications and medical equipment
• Ongoing treatment for current and future medical needs
• In-home care
• Lost income
• Loss of consortium
• Vehicle repair
• Emotional pain
• Pain and suffering
• Loss of enjoyment of life

Who is Liable in a Train Accident?

Train accidents typically involve multiple liable parties. Depending on the cause of the accident, there could be multiple parties responsible for your injuries. This will make your injury claim more complicated, but a personal injury attorney will be able to simplify the matter and ensure all responsible parties are brought into your lawsuit. The most common liable parties in train accidents include:

• The Government: government entities and companies that own trains and railways have a duty to keep their tracks and train operations in a safe condition
• The Public Agency or Train Company: train companies are required to ensure their equipment, rail cars, and trains are in safe, working condition. They must hire qualified employees, train them properly, and provide adequate supervision over their work
• Train Equipment Manufacturer: If equipment malfunctions it can cause a train accident, leading to severe injuries for passengers and employees
• A Third-Party Driver: if the train accident was caused by a vehicle carelessly leaving their car on the tracks, a lawsuit can be filed against the owner of the vehicle

Can I Sue the Government for a Train Accident in California?

In a train accident involving the government, the city, state, or federal government body can be held liable for damages caused by their train, or train operators. Filing a claim against a government entity can be challenging, but it is possible to recover damages. An important fact about government lawsuits it that personal injury victims only have 6 months to file a claim against a government agency, as opposed to 2 years for a non-government claim.

A government entity also has more ways to deny your claim. For instance, every government agency has the ability to invoke sovereign immunity.” Sovereign immunity is when a government entity is not liable for injuries caused by the government entity or its employees as they are fulfilling their duty. However, the government is not allowed to declare sovereign immunity anytime they are at fault. The California Tort Claims Act gives exceptions in which the government can be held liable for damages in cases of excessive carelessness, or corruption.

What is the Litigation Process for a Train Accident Involving the Government

The litigation process for train accidents can be complex, especially when the government is involved. Here are the following processes you can expect from a government personal injury case:

• Filing a lawsuit: Your attorney will file a legal complaint in court. This complaint outlines the facts of the case, the basis of the claim, and the damages you seek. A form of the complaint must also be delivered to the defendant.
• Discovery phase: Both parties will exchange information through discovery, which includes:
  • Depositions
  • Interrogatories
  • Speaking with expert witnesses
• Pre-trial motions and settlement discussions: Attorneys may file pre-trial motions to resolve certain disagreements before the trial. Mediation or arbitration may occur to provide an alternative resolution without taking up the court’s time.
• Trial: If the case goes to trial, both sides will present their evidence to a judge or jury. This process includes:
  • Opening statements
  • Witness testimony
  • Cross-examination
  • Closing arguments
• Verdict: After both sides have presented their arguments and evidence, a verdict will be reached by the judge or jury. If the court rules in your favor, the judgment will specify the amount of compensation you are set to receive.
• Appeals: The losing party may file a post-trial motion for an appeal to the ruling. If enough legal errors are found in the original case, then a higher court can appeal the ruling.

What is the Typical Amount of Compensation for a Train Accident in California?

Compensatory damages are awarded to accident victims in the form of economic, non-economic, and punitive damages. While punitive damages are rare, they can be claimed if the accident was done with extreme recklessness or malice toward the victim. Together, these damages include:

• Emergency room treatment
• Hospital bills
• Medications and medical equipment
• Ongoing treatment for current and future medical needs
• In-home care
• Lost income
• Loss of consortium
• Vehicle repair
• Emotional pain
• Pain and suffering
• Loss of enjoyment of life

While there is no average amount of compensation, these factors can ultimately decide the compensation you can receive. It is important to note, however, that the more severe your injuries and damages are, the more compensation you can expect to be awarded.

Contact a Train Accident Lawyer in California

If you or a loved one have suffered injuries in a train accident in California, our skilled accident attorneys at Maison Law are experts in personal injury law and we have years of experience in aggressively pursuing fair compensation for our clients. Contact Maison Law today for a free, no-risk consultation and case evaluation. There are no upfront fees and you don’t pay a cent until we’ve won your case.