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Answers to the Twelve Most Frequently Asked Questions in Train Accident Cases (1)
1. If I am injured in a train accident, who can I sue?
You can see any person or entity that was responsible for
the accident, including the railroad company, any other vehicles
that were involved in the accident, or any other defendant who
potentially contributed to your injury or the death of a loved
one.
2. I heard that even if I work for the railroad, I can sue my
own company. Is this true?
Yes, it is. Railroad workers are just about the only
employees in California who can sue their employer for injuries
they receive while at work. Most other employees are limited to
workers compensation remedies.
3. If I am a passenger on a train and I am injured, or my loved
ones are killed, am I entitled to any special protections
under the law?
Yes. A train is considered a "common carrier" under
California law, which means that the train company owes you the
highest duty of care under the law. This means that the train
company must use the utmost care and diligence for your safety
and is responsible even for the slightest negligence.
4. I heard that as a railroad worker I am not only entitled to
sue my company, but also that I am entitled to special
rights and protections. Is this true?
Yes. Though a railroad employee does have to prove
negligence against the railroad to recover for death or injury,
negligence is usually fairly easy to establish because of the
many internal and external rules regulating the industry.
Further, in most cases a plaintiff has to prove that an
accident was a "substantial factor" in causing an injury. In
FELA cases, the railroad worker only has to prove the slightest
connection between the acts of negligence and the injury or
death.
5. If I am a pedestrian hit by a train or the survivor of a
pedestrian killed by a train, can a lawsuit be brought even if
the accident did not occur at a designated railroad crossing?
Yes, as long as you can prove that the train company
property or the property owner where the accident occurred kept
that property in a dangerous condition, or if you can prove that
the railroad company was aware that people frequently crossed at
the location of the accident and did not take reasonable steps to
protect the public. Further, a lawsuit can be maintained if you
can prove that the train was operated negligently and that
negligence caused the injury or death.
6. What if I am in a motor vehicle that is hit by a train at a
railroad crossing or I am a pedestrian who was hit by a train at
a crossing? What are my rights?
If you can establish that the crossing was negligently
maintained by the railroad company or that the train operator
acted negligently in causing the accident, you can bring a
lawsuit against the train company. Railroad companies must post
signs giving reasonable warning of the presence of its tracks,
and in urban settings it must place warning lights or barriers at
crossings to protect the public. Further, the railroad company
must make sure that all of the warning devices were properly
_________.
7. As a pedestrian or motor vehicle driver, what are my
responsibilities when I attempt to cross railroad tracks at a
crossing? Can I sue even if I am partially at fault?
A driver or pedestrian approaching a railroad crossing is
required to look and listen with care, but is not necessarily
required to stop in the absence of a stop sign or signal device.
If a driver or pedestrian disregards an automatic signal
device or crossing gate, there is a "presumption" that the driver
or pedestrian is negligent. However, this presumption can be
overcome if the signal is not clearly visible by the driver or if
the signal is activated by a stopped train.
Thus, you may be found partly negligent for causing the
accident. California is a comparative negligence state, and as
long as you can prove that the train company was at least
partially responsible for the accident, you can bring the
lawsuit. However, your recovery will be reduced by the
percentage of your negligence. Therefore, if you win $1 million
but found to be 50% at fault, your recovery will be reduced to
$500,000.
8. Is it important to retain a lawyer who is willing to perform
a thorough investigation and hire experts in railroad accident
cases?
Yes. Any time that a train is involved in a collision or
any type of accident, the operator of the train immediately calls
a claims investigator who thoroughly investigates the accident,
sometimes before the police and fire crews arrive.
The purpose of the investigation will be an attempt to place
blame for the accident on anybody other than the train company.
Thus, it is important that your lawyer perform whatever
investigation is necessary to overcome the natural advantage that
the train company has by being at the accident scene first.
Further, it is important in all but the most clear liability
cases for the plaintiff's attorney to retain train experts and
other types of experts who can reconstruct the accident and help
make a case against the train company or whoever else was
responsible for your injury or the death of a loved one.
9. What damages are recoverable in train accident cases?
Plaintiff is entitled to recover damages for past and future
medical expenses, past and future wage loss, past and future pain
and suffering, and if it is deemed that conduct is bad enough,
punitive damages (i.e., punishment damages against the
defendant). If the passenger on the train dies, his or her
survivors are entitled to recover full compensation for their
economic losses that result from the passenger's death as well as
emotional distress damages which stem from the loss of society
care and comfort of the decedent. If the survivors can prove
that the plaintiff lived for a period of time between the
negligent act and death, they can also bring an action for
punitive damages.
10. How soon after the accident must I file a lawsuit?
Train accident cases must be brought within one year of the
date of the accident, unless you are a railroad worker in which
case you have three years. If the case involves a public entity,
it must be filed within six months.
11. Do I need to retain an attorney?
If you are a passenger in a train that is involved in a
collision, it is not safe to assume that the train company will
automatically be responsible for your injuries. Although they
owe you the highest duty of care, sometimes it is impossible for
the train operator to avoid an accident, for instance, if a
vehicle stalls on the tracks.
Thus, you almost always will need to retain an attorney to
establish fault on the train company.
Further, if you are a pedestrian or in a vehicle involved
in an accident with a train, the train company will always
attempt to blame you for your own injuries. Thus, again, you
need to retain an attorney to attempt to fight the train company.
12. Will my case settle out of court?
Probably. Over 90% of train accident cases settle at some
point before trial.
1. Most legal questions require complex answers. The answers
provided here may not be complete or fully accurate but attempt
to provide consumers with abbreviated answers. For more
detailed answers to these questions, a consumer should check out
other articles in this section of this web site, research other
legal articles and texts on the subject matter or consult with an
attorney.
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