CALIFORNIA TRAIN AND RAILROAD ACCIDENT LAW
Every accident can be devastating. Train accidents can cause a lot of deaths and injuries because of the size of machines. It impacts people’s life and can even destroy it. Settlement of train and railroad accidents in California is serious matter and people who are involved in it should have a long negotiation processes with train and insurance companies in order to cover their expenses.
Thus, it is not always easy to obtain the deserved compensation for the plaintiff without appropriate legal representation.
If you have decided to sue a railroad company for your compensation, you must be aware of the statute of limitation which refers to the time limit to file the claim against the defendant. Otherwise, the plaintiff loses the right to sue the counterparty. Generally, all rules of railway safety are specialized by Federal Railroad Administration (FRA). These rules are complex and have a lot of professional particularities, including issues relating to accessibility concerns, freight transaction special limits, accident reporting, and the use of electronically controlled pneumatic brake systems. If the statute’s limitations are broken, you will get your compensation (medical treatment bills as well as punitive damages if they are included).
Below, The Margarian Law Firm lawyers will introduce you the main elements of the California Train and Railroad Accident Law. In the resources of our site you can find detailed information about different kind of personal injuries in California.
- What is a California Train and Railroad Accident?
- How a California Train and Railroad Accident Attorney Can Help You
- What Kind of Compensation You Can Get If You Suffered from a California Train and Railroad Accident in California
1. When Does a California Train and Railroad Accident Occur?
Many train and railroad collisions are avoidable because the main causes of their occurrence are human errors which lead to devastating carnage. The main causes of California train and railroad accidents are (but are not limited to):
If the court finds that the negligent took place the injured or his/her relatives can be entitled to the compensation (medical treatment bills and punitive damages).
- Poor maintenance of train tracks,
- Failure to obey railroad safety regulations,
- Insufficient barriers or warnings,
- Excessive speed,
- Switching malfunctions,
- Driver fatigue or inexperience,
- Children playing on railroad tracks,
- Negligent train operation,
2. How Can a California Train and Railroad Accident Lawyer Protect Your Rights?
It is difficult to determine who is responsible for the accident, as it can be caused by a combination of errors which have led to ultimate outcome. However, in most cases the responsible persons are (but are not limited to):
In this situation such additional pockets contribute to the settlement or judgment, but it is obvious that you should firstly identify the party you are going to sue. In its turn, it requires qualified legal assistance of a lawyer who is familiar with such proceedings and who possess sufficient resources to investigate your case and get the compensation you deserve. Consequently, if you or a loved one are injured (or someone has dead) during the railway accident, it is vital to contact an attorney who is able to handle your case.
- Train operator,
- Railway owner,
- Manufacturer of the part of the train or railway,
- Entity executing the maintenance of the railroads or trains.
3. What Kind of Compensation You Can Get If You Suffered in a California Train and Railroad Accident
Passengers who are injured in train collisions, derailments or other railroad accidents are entitled to the duty of care by train companies. They should exercise a high degree of care and diligence in protecting their clients and workers form injuries. It should be taken into consideration that not only passengers can be entitled to the compensation but the workers of train companies as well. It is not a secret that working on a train is one of the most dangerous occupations. Issues of claim for compensation for trains’ workers are regulated by the Federal Employer’s Liability Act (FELA). Under a FELA claim, an employee can be provided with various forms of compensation, including medical treatment expenses, long-term disability, lost wages, etc.
The array of expenses which should be covered always depends on the specific circumstances of your case. The Margarian Law Firm offers you to have an initial consultation for free. Our lawyers will explain you how you may be entitled to compensation and reimbursement for suffered damages. When you hire us, you can leave the entire legal headache and concentrate on your recovering. We will protect your interests.
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