Train Accident Lawyer
Train accidents are uncommon, but when they occur, there is often an abundance of serious injuries for those involved. If you’re looking for experienced legal representation on a train accident case, call Heidari Law Group today for a free case evaluation.
Across the United States, thousands of people are injured or killed by train accidents. In 2008, Chatsworth was the site of one of the worst train crashes in modern memory, leading to 25 deaths and numerous others with serious injuries. The cause of the accident was due to the negligence of the train conductor (who was texting around the same time of the accident). This was not the end of injuries sustained by train accidents, as there are multiple incidents every year including the following types:
- Collisions between trains and motor vehicles
- Collisions between trains and pedestrians
- Train derailments
- Collisions between two trains
If you or a family member has been injured because of a train accident, our experienced attorneys at Heidari Law Group will make sure you get the compensation you are entitled to from the accident. Sam Heidari has decades of experience fighting for his clients in court, helping his clients receive compensation for medical bills, employment issues caused by the injuries sustained like lost wages or loss of employment, additional therapy needs, and other economic and non-economic damages.
Common Train Accidents
The most common type of accident involving trains is due to train track failures. According to the Federal Railroad Administration, train track failures accounted for almost 45% of all train accidents between January 2000 and February 2015. This includes:
- Track Geometry,
- Guage and elevation issues,
- Broken wheels,
- Train handling,
- Wide Guage,
- Buckled Tracks,
- Track-train interaction,
- Other axel or journal defects
Human error accounted for almost 30% of all train accidents. This includes conductors that are asleep or distracted during the operation of the train, or are operating the train at a speed that exceeds the safety limit, which exacerbates the existing maintenance issues of the train or tracks and can lead to a train derailment.
Due to years of underfunding, municipal and state-run trains and tracks are not always checked properly or their issues are ignored. This negligence can later lead to accidents that can injure or kill riders, passengers, and motorists in other vehicles.
Despite the uptick in regulations that happen after a train accident occurs due to public outcry of the public, accidents due to the poor conditioning of trains and tracks continue to be a danger to the public.
According to the Department of Transportation, there were 197 total Train Accidents in Los Angeles County, an uptick from 192 the year before. Of those, 32 were fatal, almost double the 19 fatalities from the year before.
Establishing liability is an important step towards getting compensation for the physical, mental, and emotional damages that you sustained from the train accident. Depending on the cause of the train crash, the liable party could be:
- The company that owns the train and/or track, and hires the driver. Negligence can be proven if the driver lacked the qualifications for their job (training and supervision deficiencies) or if the train did not have the necessary safety checks or follow other regulations.
- The company, or companies, that supply parts and tools for the maintenance of the train can be held liable if the part was faulty or otherwise led to the incident.
- The conductor or other employees can be held personally liable if they personally acted outside of the regulations of the company and state and federal law.
- If the train you were on was involved in an accident with a car that was parked on a track, the vehicle owner is liable for the damages you suffered.
What to Do After a Train Accident
After a train accident, it important to follow the correct steps to ensure the best possible outcome in a lawsuit against the companies and/or persons responsible.
- If you are seriously injured, seek medical attention.
- Never admit fault. This can and will be used against you when attempting to get compensated for injuries.
- Write down everything you experienced before, during, and after the accident. Take note of everything you saw and heard. You may have heard the squealing of the breaks on the train or horns of cars. Take note of the weather conditions at the time. Every little bit can help in the investigation. If you have your phone handy, take photos of the scene, where you were as well as the accident site.
- Record other’s experiences and what they saw and heard before and during the accident. Try to get their contact details.
- If you were in a motor vehicle that was hit by the train, contact your insurer, and let them know of the accident. However, make sure that you tell them only what is necessary and not go into details. This information can be used by the insurer to invalidate your claim if the liable party is able to prove that you were at fault.
- Keep conversations minimal and never speak to the insurance company or rail company without consulting a train accident lawyer first. The rail company is not on your side and will seek as much information as they can to fight liability. They will even seek to pass off liability on you. It is important that before you speak to any of the railroad’s investigators, you get in contact with a train accident lawyer that will help you.
- Do not share your experience on Social Media. What you say can be used against your case in court. Likewise, limit any conversations with the press that may take interest in this accident/story.
How We Can Help
Heidari Law Group has years of experience handling accident cases and getting their clients the compensation, they deserve. If you are hurt, don’t let the rail companies and investigators pressure you to settle for less. Get a professional law firm that will investigate your case and maximize your claim.
With Heidari Law Group, you can receive damages for:
- Doctors, hospitals, and specialist bills that pile up from the potentially substantial injuries that you or a loved one suffered from the accident.
- Ongoing medical care, therapy, and other unforeseen costs associated with the accident. You may be unable to walk or be traumatized for years after the physical injuries have healed. Compensation will help you get your life back.
- Loss of wages due to missing work or being unable to perform the job due to a long-term injury sustained from the train accident. If you suffer a back injury and your job involves lifting, you may be unable to return to work for an extended period. During this time, you may be unable to pay rent, bills, and other expenses that are vital for you to take care of yourself and your loved ones.
- If one of your loved suffered a death from a train accident, you are entitled to recover wrongful death damages from the liable party.
Dealing with pains, both physical and emotional, can sometimes feel like a great weight upon you. Heidari Law Group is here to help you through this difficult time by taking the time to answer any questions you may have, explain to you what can be done along with relevant laws related to your case, and fight the individuals or companies that are responsible so that you can begin to move on.