Injured in a train or derailment accident? Lluis Law train accident lawyers have over 40 years of experience dealing with these cases. We can help you recover damages from personal and material injuries by filing a claim.
Victims of train accidents often suffer severe injuries that change or alter their lives. The treatment of injuries usually requires very expensive medical attention and care for prolonged periods.
Our train accident attorneys provide adequate medical treatment for their clients while they recover. We have a lot of experience in these cases, and we help the victims regardless of their social or immigration status.
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The best train accident lawyers in Los Angeles near me
A train accident lawyer helps you better understand your rights as a victim in a rail accident. State and federal laws are complex as is the process to demand compensation for damages.
We have been specialists in the area for more than 40 years. We help victims recover fair compensation that covers the damage caused by the accident.
Recoverable damages range from medical treatment expenses, lost wages, to disability compensation. If the person dies, his relatives may demand compensation for wrongful death in an accident.
Causes of train accidents
The Federal Railways Administration of the United States publishes statistics of these accidents annually. Between 2005 and 2018, a total of 3,210 fatal train accidents occurred in the country, according to www.statista.com .
Only in 2018, the number of tragic accidents rose to 878. These accidents usually involve several responsible parties and are subject to special legislation other than car accidents. They almost always leave a high number of people injured or deceased.
Train accidents occur for several causes, including failures in the locomotion system and human errors. Among the most frequent are:
- Driver negligence when distracted, tired or traveling at speed.
- Mechanical failures.
- Malfunction of lights or absence of them, do not emit whistles or signals at the crossings.
- Lack of maintenance on train tracks.
- Crash with other vehicles (car, bus or truck when trying to cross the train tracks.
- Collision between trains due to coordination failures.
Sometimes train accidents only involve one person. The causes of injuries inside or outside a train can be several such as bumps, falls or windings.
However, the number of victims in these types of accidents can rise considerably and include:
- Train passengers.
- Drivers and passengers of other vehicles.
- Train workers or operators.
Other times a train accident can cause serious damage when transporting chemicals or flammables and derails. The spillage of these dangerous liquids could cause massive poisoning.
Who to sue for compensation after a train accident?
To file a claim you must first establish the responsibility of the accident. It is necessary to identify the cause and the responsible party to present a solid case. Here the investigation carried out by the police and train accident lawyers plays a very important role.
If you manage to prove the negligence of any of the parties involved, then you have a case and may demand compensation. Responsible parties that can be sued include:
- Train operator. if it is proven that he acted negligently.
- Railway company. As responsible for the maintenance and operation of the train, it has a duty to ensure safe transportation for passengers and cargo.
- Railroad owner. Sometimes the company that operates the train and the owner of the railways are different. If the accident was caused by a road design problem the owner could be held liable.
- Road maintenance company. When the accident is caused by improper maintenance or failure to repair the tracks.
- City / county. If the property of the company is a state, it can also be sued for lack of maintenance or operational failures.
- Manufacturer / Designer of the train. If the accident was due to improper design of the wagons or locomotive or if it has defective parts that caused it.
What compensation can I get for a train accident?
The amount of compensation that the victim of a train accident receives varies depending on their relationship with the responsible party. The responsibility and duty of caring for the train with the victims of railway accidents are different. That is, train passengers, occupants of hit vehicles and pedestrians.
As with the airlines, the railway companies fear the bad publicity that an accident generates. So they will surely want to reach an out-of-court settlement before being exposed to an oral and public trial.
Under the terms of the agreement, the victim or his relatives may benefit, as they will obtain faster compensation. However, this will be decided by the victim along with his accident lawyer, who can tell you with certainty which is the best way.
Some of the damages that can be pursued by a train accident are the following:
- Medical treatment expenses including hospitalization, medical fees, medicines, exams, surgeries, therapies and more.
- Wages lost by time away from work.
- Decrease in work capacity or partial or total disability.
- Pain and suffering.
- If you lost a family member, you can file a wrongful death claim and demand compensation for death in a traffic accident .
Types of train accidents
The train accidents that occur most frequently in the United States are:
Railroad Crossing Accidents
They are very frequent and involve other drivers of motor vehicles or pedestrians who sometimes commit suicide at train crossings. Although other times they are due to carelessness or negligence of the railway companies themselves because:
- The trains do not use the lights to indicate their proximity to the crossings.
- Signs or doors have failures.
- Trains do not sound their horns when approaching crossings.
- Crossings are obstructed by other vehicles, animals, trees or objects.
- Part of the load protrudes from the train.
Derailments are the factor that causes the greatest damage in railroad accidents. In general, the cause of derailments is the failure to observe the safety regulations established in the rail system. However, there may be other causes also associated:
- Obstacles on the tracks.
- Mechanical defects.
- Tracks with defects.
- Excess load.
Collisions between trains and cars
In general, in the collisions between a train and a car the fault of the accident is for the driver of the car. This does not mean that sometimes there is also responsibility of the train operator in the accident. In addition, a mechanical failure or lack of maintenance can be determined from human error.
Sometimes when train employees do not follow the protocol correctly, the company may be responsible. There are even cases in which the company can be guilty, even if the driver of the car is at fault as well.
Collisions between trains and cars are brutal, the weight and strength of the locomotive can destroy any vehicle. Is almost certain that the occupants of the vehicle that hits a locomotive will suffer fatal injuries.
Accidents without collision
Not all train accidents always involve a collision or derailment. Sometimes as indicated above, bystanders or passengers can fall on the rails of a train and be run over.
Suicides and homicides on train platforms have become very frequent in the United States and other countries. Accidents also occur in trains, because passengers hit each other when the train slows down.
If a passenger is injured during a train trip, they can consult a lawyer about their compensation options.
What to do after a train accident?
Our train accident attorneys advise following some steps in accidents involving victims to protect themselves and support the claim later.
- Seek medical treatment immediately, even if you think the injuries are not serious. Remember that the time to go to the doctor after an accident is your priority. If you do not have money to pay for the treatment a train accident lawyer can solve it.
- If you can do it, take pictures and videos of the accident scene and even the visible injuries.
- Take note of the personal data of other train passengers or witnesses of the accident.
- Call a competent and experienced train accident lawyer for advice on the claim.
- Report the accident to your own insurance company.
- Follow up daily on your evolution with medical treatment. Do not miss any appointment to the doctor, attend the rehabilitation therapy sessions and the recommendations of the attending physician.
- Keep track of lost work days and all payments or bills related to injuries and accidents.
- Always preserve all the evidence collected at the scene because it will be helpful later.
How can train accident lawyers help me?
A specialized train accident lawyer can help you in many ways. At Lluis Law we help our clients better understand federal and state laws related to this issue.
We talk about the benefits of train accident compensation you can get and the chances of winning the case. We also offer the following services:
- Investigation of the case, preparation of the claim and presentation towards the insurance company or the court.
- Recruitment of professional and expert personnel if necessary during the investigation stage. For example, skilled train mechanics or engineers, medical specialists, private investigators and so on.
- Periodic follow-up of the case and update to the client.
- If the client has not received medical attention, we help you find a reliable medical provider.
- We handle a satisfactory and reasonable agreement with the other party.
- If an agreement is not reached, we present to the client other alternatives for their case.
The Lluis Law firm offers its clients a friendly and respectful treatment in their comfortable offices. We are located in the heart of the city; by the way, very close to the courts.
How much will it cost to hire good train accident lawyers?
Lluis Law injury lawyers work with contingency fees, that is, the client does not pay an initial fee or out-of-pocket costs. Our lawyers only charge their professional fees when they win the case. Otherwise, the customer has no obligation.
This ensures that all victims can have the best legal representation in Los Angeles or the rest of California.
If you or a loved one were injured in a train accident, we can help you get compensation. Lluis Law train accident lawyers offer professional and effective representation.