California Train Accident Lawyers

Public Transit Laws And Liability

The increasing availability of affordable transportation alternatives like trains can sometimes lead to violations of safety regulations and standards. It is essential that public transport drivers receive comprehensive training to promote passenger safety.

Unfortunately, passengers may occasionally depend on drivers who lack adequate training or display negligence. A single error made by a driver can have serious consequences, potentially endangering the lives of numerous individuals.

Accidents involving trains can potentially result in multiple injuries or fatalities, and determining liability can be complex. Various parties may be held responsible for the losses caused by such incidents. If a negligent driver is found to be at fault, for example, they may be held personally accountable for the damages incurred.

In instances where the driver is an employee of a train company, that company may be held liable. This includes cases where the accident resulted from the company’s negligence, such as failing to maintain vehicles or address known safety issues, like faulty seatbelts. Victims may also have the option to file a claim against both the driver and the transportation company.

In cases where the government owns the train company, your claim would have to follow the rules of claims against government bodies. In California, you must notify the defendant of your claim within six months of the date of the injury if it is a public institution. This timeframe is significantly shorter than the two years typically allowed for standard personal injury cases. Therefore, it is crucial to keep track of these deadlines, particularly when dealing with public train systems.

Given the complexity and strict timelines associated with these claims, you can consult a train accident lawyer who can provide guidance on the proper legal procedures.

Your Options After A Train Crash In California

In California, train operators, whether publicly or privately owned, are required to adhere to specific standards of care. They are classified as common carriers, which are entities that transport passengers for a fee. Various state and federal regulations govern these common carriers, covering aspects such as driver hiring practices, training protocols, vehicle maintenance, and quality of service. Any violation of these regulations that results in injury to passengers or bystanders may be considered negligence.

If you are an injury victim in a train accident, you generally have two primary avenues for seeking compensation for your losses. The first option is to negotiate a settlement with the insurance company representing the carrier involved. If you are approached by the insurer with a settlement offer, you have the right to accept it. However, it is important to note that such settlements may not fully reflect all the damage and expenses you have incurred as a result of the accident.