Irvine Train Accident Attorney
Railroads are an integral part of the transportation and commerce networks of the United States. Many Californians use common carriers like Amtrak and Metrolink to travel across the state quickly, and it’s important to know what to do after an accident on a railroad. Most railroad accidents caused by train operators will fall under common carrier law, while accidents caused by drivers who hit trains at intersections will likely be complex personal injury claims. Railroad employees who suffer accidents at work may need to file lawsuits against negligent employers.
The attorneys at Bentley & More, LLP have helped many clients in the Orange County area secure millions of dollars in damages for all manner of personal injury claims. We understand the complexity of most modern train accident cases, and our attorneys do not shy away from extensive litigation. Contact us today to discuss your case.
Liability for Train Accidents
When drivers fail to stop at train crossings, they often suffer catastrophic injuries and cause damage to others in the area, including employees and passengers on the train. If an at-fault driver survives such a crash, he or she will likely incur liability for the damages. Any bystanders, other drivers, or people on the train who suffer injuries will need to file claims against the negligent driver.
If a train employee working for a common carrier fails to meet an acceptable standard of care and causes an accident, the carrier will face liability for any resulting damages. The court will assess whether the carrier took adequate and reasonable steps to prevent injuries to passengers, employees, and bystanders. Train employees who suffer injuries while performing work-related duties may be able to secure worker’s compensation benefits for their medical expenses and lost wages, but workers compensation rarely covers the total cost of an accident. Such workers will need to file personal injury lawsuits against negligent employers to fully cover the costs of their losses.
Filing Suit and Collecting Damages
Plaintiffs in train accident cases need reliable legal representation to secure compensation for their losses. Depending on the cause of the accident, there may be several defendants in the case, including negligent train company employees, defective train part manufacturers, and negligent drivers who contribute to an accident. Train accident cases can include extensive damages, and plaintiffs can secure several types of compensation including:
- Medical expenses. Plaintiffs can sue for their hospital bills, rehabilitation costs, and any other expenses related to treating their injuries.
- Pain and suffering. A train accident can cause catastrophic damage and severe injuries. Injured plaintiffs can sue for their physical pain, emotional distress, and mental anguish following an accident.
- Lost income. A plaintiff’s injuries may prevent him or her from returning to work. The plaintiff can sue for the wages lost in that time as well as future earnings if his or her injuries prevent returning to work.
- Property damage. Plaintiffs may seek compensation for the costs of repairing or replacing personal property damaged or destroyed in a train accident.
- Punitive damages. If a defendant acted with reckless disregard for the safety of others or with willful intent to cause harm, the judge will likely require punitive damages to discourage similar behavior in the future.
A California train accident case can quickly turn into a complex legal battle, requiring reliable legal counsel to navigate these claims. Contact the Orange County personal injury attorneys at Bentley & More, LLP to learn more about train accident law in California or to discuss a case.