If you or a loved one is suffering an injury due to a train collision, please contact an experienced Los Angeles train accident lawyer at Bisnar Chase. Train crashes are traumatic and can result in severe injuries or wrongful death, and you may be entitled to financial compensation.
Award-Winning Law Firm
Bisnar Chase Personal Injury Attorneys have more than 45 years of experience when it comes to taking on the California railway industry. We make it our mission to pursue justice for those hurt in train wrecks and whose lives have been turned upside down by negligence. Our law firm has eight trial attorneys who have a reputation for winning tough train crash cases.
The railroad industry won’t look out for your best interests when faced with an injury lawsuit. You will need someone on your side who can protect your rights and fight for compensation and justice. A top-rated rail accident lawyer from Bisnar Chase can help.
- Almost a billion dollars recovered
- 99% success rate in winning cases
- No fee if we don’t win
- 2024 Best Law Firms in America
Our skilled and passionate train accident attorneys in LA can help an injured victim seek compensation. Call (323) 238-4683 now to discuss your case.
Los Angeles Train Accident Lawyer
How Long Do I Have to File a Train Accident Lawsuit?
The statute of limitations in California for injuries is 2 years from the accident date. There are a few exceptions, including for minors and mental incapacity, but overall, it is two years. Whether it’s a government or private sector entity, the time frame is the same.
Time is of the essence to file your personal injury lawsuit and to protect your right to the money recovered. Call a Los Angeles railroad accident lawyer at Bisnar Chase to set up your confidential, free consultation. Call 323-238-4683.
California Law for Train and Railway Accident Lawsuits
In California, personal injury law, also known as tort law, is designed to provide a legal remedy for individuals who have been physically, emotionally, or financially harmed due to the negligence or intentional acts of another person.
Since the injuries in a train crash can be severe, it is important to move quickly to preserve your rights and get medical attention immediately. An injured train crash victim in California is not obligated to disclose any information regarding how the crash occurred or their injuries to the carrier.
Victims of train wrecks or common carriers can include pedestrians, car occupants, railroad employees, or commuters. The unique California personal injury laws, standards, and statutes of limitations that apply to these cases require the expertise of a train crash attorney with experience in accident claims and familiarity with all California law used in personal injury cases.
Taking immediate legal action is recommended to protect your right to financial recovery. Contact the law firm of Bisnar Chase; we offer free consultations for all potential clients. Call 323-238-4683.
What Should You Do After a Train Crash?
Once it is safe to do so, you should seek medical help and record your train crash details. To help your LA train crash attorney, you should:
- Get medical attention.
Obtain copies of hospital records. - Contact the police.
Later, request a copy of the police report. - Document your experience.
Take pictures and video of any injuries you have suffered.
It is important that you contact a Los Angeles train accident attorney right away if you or a loved one has been hurt on a LA Metrolink, Amtrak, or any other type of train.
The experienced legal staff at our law firm can provide a free consultation, assessing the details of your train accident injury claim. We offer a ‘No Win, No Fee’ guarantee. This means that you won’t pay unless we win your case.
How Much Does a Los Angeles Train Accident Lawyer Charge?
Personal injury fees in California range from 33 to 42% of what the attorney wins. With Bisnar Chase, we charge 33 1/3%, which is on the loan end of what can be charged. You never pay us directly; we take our attorney fees from the settlement or verdict.
You don’t have to pay anything up front, and there is no fee if we lose the case. This is called a contingency fee and protects you from financial responsibility until the case is won.
Your injury attorney will also provide personal attention and work to get your hospital and doctor’s bills on medical liens until the case settles so that you are shielded financially, and we will negotiate with the medical providers to reduce your medical bills.
What Damages Can I receive For a Train or Rails Accident?
There are a lot of elements involved in calculating damages for a train crash lawsuit. Your legal team will examine all aspects of your accident and injuries to determine what financial compensation you are entitled to. The typical structure of a personal injury lawsuit involves the following:
- Future and Previous Medical Expenses (Doctors, Hospitals, Therapy)
- Lost Income, Present Income, and Future Income (Earning Capacity)
- Property Damage
- Burial Expenses and Funeral Home Costs
- Pain and Suffering, Emotional Distress and Anguish (PTSD)
- Loss of Life’s Pleasure
- Economic and Non-economic Compensation
- Punitive Damages if Warranted
The Most Common Train and Railway Accident Causes
There are plenty of potential causes of train crashes, which can lead to accident lawsuits. Some of the key causes of train collisions and injuries include the following:
- Mechanical failures on passenger trains, tracks, and at train stations.
- Mistakes and negligence by train conductors and motorists.
- A lack of proper inspections or maintenance.
- Objects or debris on the tracks.
- Traveling at unsafe speeds.
- Faulty seats, luggage compartments, and other equipment.
These failures can create dangerous situations. They might include sudden stops and harsh braking, high-speed collisions, dangerous debris inside the train, and more.
Proving Liability in a Train Crash That Caused Death
To prove liability and seek compensation in a wrongful death case for train collisions in LA, elements such as duty of care, breach of duty, injuries and damages, and legal representation must be considered. It is crucial to gather evidence and work with legal experts to establish liability and pursue a wrongful death claim against the liable parties.
- Essential elements: Do not speak to anyone without first consulting your attorney. It is important to refrain from commenting to investigators, insurance companies, or defendants without first consulting with an LA County train accident lawyer.
- Establishing a cause: Establishing duty of care, breach, and causation is critical in proving your accident happened because of negligence.
- Proving Damages: Your case will hinge on its value. Your legal team should do extensive research, including with experts and investigators, to prove the injuries rise to the level of financial damages you are asking for.
Causes of Train Crashes in Los Angeles
The most serious train accident lawyers see in Southern California are derailments. These can be due to driver or engineer negligence, cargo explosions, faulty parts, or a lack of maintenance.
One of the key causes of freight train collisions, according to the Federal Railroad Administration, is defective train parts. There is also a growing trend of passenger trains colliding with cars. Disaster opportunities exist since the Metrolink commuter system travels throughout LA and other cities.
A Metrolink train crash involving a car can occur on unprotected railroad crossings or when the railroad crossing warning lights and gates fail to work.
Deaths can also occur when pedestrians walk too close to these Metrolink commuter railways. In some cases, pedestrians have killed themselves by standing on train tracks.
In California, track-related issues are the most frequent cause of a train derailment, along with equipment failure, human error, and environmental factors. Addressing and mitigating these causes is crucial for ensuring the safety of train operations in the state.
Train Derailments Have Catastrophic Impact
Train derailments in California can have severe consequences, including loss of life, injuries, environmental damage, and disruption of transportation and commerce. The impact is not only limited to the immediate area but can also significantly damage local ecosystems and cause air, water, and soil pollution.
Additionally, a freight train derailment, especially those involving toxic and hazardous materials, can have long-term effects on the environment, public health, and economic implications. Toxic spills in California can have a massive impact for years to come in our communities, leading to serious health issues for those who were exposed to the deadly materials.
Contact us for a free personal injury claim evaluation if you’ve been injured in a train crash. A Los Angeles train accident lawyer with decades of experience handling complex accident cases and using expert witnesses and investigators to achieve winning results and maximum compensation. We’ve recovered almost a billion dollars for our clients. Call 323-238-4683 today and speak with our legal team.
The Dangers of Railroad Crossings
- Collisions between trains and vehicles or pedestrians if warning signals are ignored or not properly functioning. Large trains can take over a mile to stop, so these collisions often result in serious injury or death.
- Getting stuck on train tracks due to traffic congestion. If vehicles get backed up on tracks and a train approaches, this can also result in a collision.
- Tripping or getting shoes or clothing caught in tracks or uneven road surfaces around crossings. This poses a danger, especially for pedestrians and cyclists.
- Illegal trespassing onto train tracks. Many accidents and fatalities happen when people walk on active rail lines.
Factors like railroad crossing design, traffic levels, train speeds, train frequencies, warning systems in place, and pedestrian accessibility can all impact the safety risks at LA train crossings.
Types of Train and Railway Injuries
A train collision will often cause serious and even catastrophic injuries. Freight trains are a great means of public transport, but they are large and heavy, travel at high speeds, and have a large stopping distance.
The most common types of severe injuries suffered in a train crash include:
- Cuts and scrapes
- Broken bones
- Whiplash
- Severe back injuries
- Amputation
- Neck and spinal cord injuries
- Dislocated limbs and torn ligaments
- Serious head injuries
- Emotional trauma and PTSD
Train crashes involving cars, pedestrians, and other passenger trains are usually the most severe. They can cause death, paralysis, amputation, and more. Fortunately, train crashes are not very common. But when they do occur, they impact the lives of many, based on the number of train passengers onboard one of these speeding bullets.
One example of a train crash in Spain in 2013 killed 80 people and injured scores of others. The negligent train operator later admitted that he was going over 120 mph around a dangerous curve at the time. His actions had an impact on countless lives. A similar crash in greater LA, throughout the city, or into Orange County would have a similarly devastating effect.
If you have suffered serious injuries from your accident, contact a Los Angeles train crash lawyer for a free consultation. Call 323-238-4683 today.
California Train and Railway Accident Statistics
The urban population in the United States is quickly expanding, and train travel to and from work has become a necessary source of transportation for millions of Americans.
California has witnessed a substantial increase in train travel due to the Metrolink expansion over the last ten years. Unfortunately, as the number of trains grows to meet demand, so does the number of train and LA Metrolink accidents—and the need for train accident attorneys in Los Angeles.
- In June 2023, a Union Pacific train struck and killed a pedestrian.
- In Sacramento, a train struck a pedestrian in February 2023.
- In 2022, California had the second-highest rate of accidents in the U.S., with 172 total highway-rail grade crossing collisions, 42 deaths, and 38 injuries.
- In 2018, the United States had 11,476 rail-related accidents and incidents.
- There were 7,999 injuries recorded due to train and rail incidents in 2018. That number was even higher in 2015, topping 9,000.
- There were 878 rail fatalities in 2018—the highest annual total over the last five years.
- The last major train collision in LA was a Chatsworth Metrolink crash in 2008, which killed 26 and injured 135.
The National Transportation Safety Board investigates rail accidents, and if you or a loved one was injured, you can ask that they conduct a full investigation into the train crash.
The NTS preliminary report provides factual information collected during the on-scene phase of the investigations and is available a few weeks after the accident. The final report includes relevant factual information, analysis, findings, probable cause, and safety recommendations.
An accident brief consists of a short accident narrative, probable cause, and safety recommendations. This information could be very helpful and should be provided to your attorney if you have already requested investigations.
Nationwide Train and Railway Accidents
Operation Lifesaver, a safety non-profit, provides data on rail-related collisions, fatalities, and injuries organized by state for 2018-2022. They claim that every three hours, a train hits a person or a car.
- Across all states, there were 13,203 collisions, 2,760 fatalities, and 8,951 injuries from trains colliding with people or vehicles on train tracks over 2018–2022.
- Texas experienced the highest number of fatalities over the period, with 401 deaths. California saw the most collisions overall, with 1,817, and the second-most fatalities (318).
- Three states had over 200 fatalities each: Texas, California, and Illinois. New York and Florida rounded out the top 5 states for total fatalities.
- Train collisions with vehicles accounted for around 3/4 of the incidents. Trespassing along train tracks made up the second-highest share.
- The total number of collisions, fatalities, and injuries increased annually from 2018 to 2021 before declining slightly in 2022. But 2022 still had higher figures than 2018.
Trespassing Train Injuries
Statistics on trespassing casualties by state, based on preliminary 2022 Federal Railroad Administration (FRA) data show the following:
- In 2022, there were 1,169 pedestrian rail trespass casualties (fatalities + injuries) in the U.S., with 616 trespass-related fatalities and 553 injuries.
- The top 25 states with the highest total trespass casualties are listed, with California, Texas, and Florida having the highest numbers.
Who is Liable for a Los Angeles Train Crash Injury?
If you were injured in a train crash in California, you may be able to sue the responsible party, such as the train company, equipment manufacturer, track maintainers, or negligent train conductors.
To pursue a legal claim, seeking help from an LA train accident lawyer to prove liability and seek compensation for injuries, medical costs (including extensive medical treatment), lost wages, and other economic losses is recommended. Contacting a local personal injury attorney is essential to discuss options and protect your rights.
Various parties may be held accountable in LA for train and railway accidents and severe injuries that result from them, contingent on the particulars of each case. Signal failures and human error are examples of causes of train crashes, and the parties that bear responsibility for these accidents may include a negligent train operator, the organization in charge of track maintenance, or even drivers of cars and trucks who violate traffic laws.
Train operations are referred to as common carriers. The California Metrolink is contracted with the operating firm Amtrak and covers over 500 miles of track. California Metrolink trains can travel up to 90 mph, covering 55 train stations across California and carrying about 40,000 people every weekday.
These public transport systems are responsible for the safety of their train passengers. Train operators are ultimately responsible for ensuring the highest degree of care is taken. Operators like Amtrak can be liable if their negligence leads to a railroad accident.
If you were injured, contact us to evaluate if you have a personal injury case. Our Los Angeles train accident lawyer will meet with you one-on-one to determine a monetary compensation path.
What the Defense Team Will Argue
The potential defenses that can be used by the defendant in a train and railway accident case in LA will likely include the following strategies:.
- Comparative Negligence: The defendant may argue that the plaintiff’s negligence contributed to the accident, and therefore, they should be held partially responsible for their injuries. California is a comparative negligence state, and the defendant may seek to reduce the plaintiff’s recovery by the percentage of their negligence. A good trial lawyer will know how to argue fault effectively.
- Lack of Breach of Duty: The defendant may claim that they did not breach their duty of care and are not liable for the accident. This could involve arguing that the plaintiff was to blame, but the plaintiff’s lawyer should argue that all necessary safety protocols were not followed.
- Assumption of Risk: The defendant may argue that the plaintiff knowingly assumed the risks involved in the activity that led to the accident, and therefore, they should not be held responsible for the resulting injuries. However, an effective argument can be made that does not release the defendant from fault.
- Third-Party Liability: The defendant may seek to shift the blame to a third party, such as a manufacturer of faulty equipment or another entity responsible for maintenance and infrastructure, but shifting blame does not clear one of the percentages of liability.
Being a trial lawyer is an art. Not all personal injury attorneys are trial attorneys; many have never been in a trial. Bisnar Chase employs 8 trial attorneys with actual experience in the courtroom, with juries and judges. When you are selecting an LA train accident lawyer, be sure to choose one with a proven track record of completed trials by jury.
Train wrecks tend to be very complicated cases and often result in 7- and 8-figure verdicts and settlements, so to ensure you receive maximum compensation, choose a law group that can prove their success and has worked on train accident injury cases like yours. There is much more to winning an train accident claim than just negotiating with insurance adjusters.
Award-Winning Los Angeles Train Accident Lawyers
Train crashes are traumatic and can result in severe and fatal injuries. When you hire a Los Angeles train accident lawyer, it is important that you are comfortable with them and know that they are doing everything possible to help.
An honest and trusting relationship with your attorney is important because it can help an accident victim open up and discuss crucial aspects of their experience.
Having faith in your attorney is important because you will feel more confident throughout your case, resulting in better sleep, less anxiety, and a more optimistic attitude and approach to your case.
LA juries can be fickle, and you need a personal injury lawyer that speaks to their ideas and values. Not connecting with a jury is the number one reason some lawsuits are lost. Our attorneys are not only compassionate, but they’re fair and balanced and are great storytellers.
The railway accident lawyers at Bisnar Chase are proud to provide superior client representation. We believe in maintaining a close attorney-client relationship to help train accident victims through the legal process.
We are confident that you will be pleased with our legal representation. We have built a solid reputation throughout California in the legal community.
- 2024 Litigator of the Year, AI Trial Lawyers
- 2024 Top Lawyer, American Institute of Legal Advocates
- 2024 Lawyers of Distinction
- 2024 Best Law Firms in America, BestLawyers
- 2024 Super Lawyers
Bisnar Chase will leave no stone unturned while investigating every aspect of your claim. We are proud to support the Los Angeles community and make it our mission to help train accident victims to get the compensation they deserve for their injuries or losses.
Our skilled team of Los Angeles train crash attorneys has more than 45 years of experience. The firm has established a 99% success rate and won more than $900 million for clients.
We have five law offices throughout California. LA, Orange County, Riverside, San Bernardino, and San Diego
If you have been injured in a train, Metrolink, or Amtrak accident, contact one of our LA injury attorneys for a free case evaluation at (323) 238-4683. There is no obligation.
