California Transit & Train Accident Risks
California offers a wide array of accessible, affordable public transportation options, many of which are rail-based. Although light rail trains, trolleys, trams, and other rail-based transportation systems are some of the safest modes of transportation, accidents do happen. Under California law, trains and rail transit systems are considered common carriers and are held to a higher duty of care, but this does not mean rail companies will automatically accept responsibility without a legal fight.
When accidents occur, victims often sustain serious injuries with the potential for permanent damage and disability. Even when physical injuries heal, train accident victims often suffer long-term psychological harm such as anxiety, depression, sleep disturbances, or post-traumatic stress disorder (PTSD), which can significantly affect daily life and future well-being.
Traditional trains also pose a range of injury accident threats. The Federal Railroad Association reported more than 450 California train injury accidents in the first three quarters of 2020 alone, 134 of which led to fatalities. Almost 200 people died due to train accidents in California in 2019.
The San Francisco Chronicle reported that train-related fatalities have been on the increase for the past several years. A variety of railways and transit providers have been involved, including the following:
- Derailments
- Train collisions
- Slips and falls
- Hazardous materials spills
- Criminal attacks
When derailments or collisions involve hazardous materials, toxic chemicals may be released into the air, soil, or water, potentially causing serious health problems that can persist for years after the initial accident.
In some cases, rail carriers fail to provide adequate security, safety equipment, or lighting. Carriers may neglect maintenance of tracks and equipment, leading to derailments and other types of accidents. No matter how you sustained your train injury, you could have the legal right to pursue compensation if your accident occurred due to the actions of another party. Depending on the facts of your case, liable parties may include the train operator or engineer, the rail or transit authority, private or public transportation agencies, maintenance contractors, equipment manufacturers, or motorists whose actions contributed to the collision.
Do You Need a California Train Accident Lawyer to Handle Your Case?
You are not legally obligated to have representation by an attorney to pursue a claim for train accident injuries. Nevertheless, having an experienced lawyer and legal team on your side can be of significant benefit.
Although injuries sustained in a train or rail transit accident fall under the general category of personal injury law, these accidents have few similarities to car crashes or slip and fall accidents. If you were injured while working for a railroad, your claim may fall under the Federal Employers’ Liability Act (FELA), which allows injured railroad workers to pursue compensation directly from their employer when negligence played any role in causing the injury.
Train accidents are uncommon enough that few California accident lawyers have any direct experience with this type of case. Choosing an attorney with specific experience handling train and rail transit accidents—rather than a general personal injury lawyer—can significantly improve your chances of securing full and fair compensation.
If you or a loved one sustained injuries in an accident of this nature, you need help from a personal injury attorney who has direct experience handling train injury cases through the insurance claims process as well as in the courtroom setting. Not every personal injury lawyer has the knowledge, resources, or experience required to take on powerful railroad companies and public transit authorities.
An experienced train accident litigator will understand how to document your claim and build the most persuasive case possible. Taking this type of case to court can be challenging because potential jurors may have little or no knowledge about the subject—whereas most people have some degree of familiarity with car accidents. Train accident investigations often involve multiple federal, state, and local agencies and can take weeks or months to complete, requiring careful coordination, evidence preservation, and expert analysis. This places additional pressure on your attorney to make your case in a clear and concise manner that jurors can easily grasp.
The right attorney for you will have a vast network of resources to assist in investigating your claim. This might include a team of investigators, subject matter experts, accident reconstruction professionals, and others who can offer valuable opinions or testimony on your behalf.
How Our GJEL Train Accident Lawyers Can Help You
No matter what the circumstances of your train injury accident might have been, talk to us to get the answers you need right now. Your initial consultation is free, and we never collect legal fees until we recover compensation for your damages. You do not pay any upfront or out-of-pocket legal fees, and you owe us nothing at all unless we successfully recover compensation on your behalf. We handle every aspect of your case so you can focus on recovering from your injuries. We help protect your legal rights as we fight to get the justice you deserve.
For almost a half-century, the GJEL team has fought to help injury accident victims. We bring a wealth of knowledge and experience to your case. We are committed to doing what it takes to help you recover the compensation you deserve for your physical, emotional, and financial damages. This could include compensation for your medical care and treatment, lost wages and benefits, emotional trauma, pain and suffering, disability, and disfigurement.
In many cases, even after legal fees are deducted, clients recover significantly more compensation than they would have obtained without experienced legal representation. We specialize in helping victims of rail accidents that involve surgery, trauma activation, or having to be airlifted or hospitalized. Injuries of this severity often result in long-term or permanent limitations that affect your ability to work, care for yourself, and maintain the quality of life you had before the accident.
If you lost a loved one in a train accident, we can also assist you with a wrongful death claim. Our compassionate attorneys can help you pursue compensation for the victim’s funeral costs, your economic losses, pain and suffering, and more. Although a settlement won’t bring your loved one back, it will provide a clear message to the at-fault party and help provide a more stable economic future for you and your family.
Our past settlements and awards include more than $950 million to date for our clients. Despite having earned multiple awards and accolades, however, we never rest in our quest to get results for you. Our team of experienced litigators never hesitates to take on the biggest railroads and transportation agencies—or their insurance companies. We will always attempt to negotiate a fair settlement for you, getting you the compensation you deserve without having to go to court. Railroad companies, transit authorities, and their insurers are far more likely to offer higher settlements when you are represented by an experienced train accident attorney than when you attempt to negotiate on your own. However, we won’t hesitate to file a lawsuit and fight for you in court whenever it may be appropriate.
Don’t Risk Any Delay. Contact a California Train Accident Attorney Today
The sooner you can talk to an attorney after a train accident, the better. The sooner we can get started on investigating your injury accident, the better our chances of obtaining the evidence and testimony we need to build a persuasive case. Because critical evidence can be lost and deadlines are strict, you often have only one opportunity to pursue the compensation you need to protect your financial future after a serious train accident.
The California statute of limitations allows you two years from the date of your accident to file a lawsuit if the at-fault party is not a government entity. If a child is injured in a train accident, special rules may apply, and the statute of limitations can be delayed in certain circumstances, making early legal guidance critical to protecting the child’s rights. If your train accident involved any government agency, you might have only six months to file a lawsuit. Claims involving public transit agencies and government entities are governed by strict procedural rules under California law, and missing even one requirement can permanently bar your claim. If you don’t take legal action within that time, you could lose your legal right to recover compensation. Once the deadline passes, courts will typically dismiss your case entirely, regardless of how severe your injuries are or how clear the other party’s fault may be.
The insurance company or attorneys for the railway may contact you, asking you to provide a statement or discuss a potential settlement. Before you provide a statement or engage in any settlement discussion, take advantage of our free consultation and case evaluation.
One of our experienced California accident attorneys can come to your location, or we can set up a distanced video or phone conference to ensure your safety and convenience. Call 855-508-9565 or contact us online now to learn more about how a GJEL California train accident lawyer can help you today.
ABOUT THE REVIEWER
Andrew (Andy) R. Gillin is a founding partner of GJEL Accident Attorneys and has practiced personal injury law in California state and federal courts since 1970. He earned his Juris Doctor from the University of Chicago Law School and co-founded GJEL in 1972. Over the course of his career, Andy has helped hundreds of injured plaintiffs recover compensation, including multiple seven-figure settlements and verdicts. He specializes in serious injury and wrongful death cases and holds an AV Preeminent rating from Martindale-Hubbell, with recognition from Super Lawyers and Best Lawyers in America.
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