Vehicle Accidents
Rail cases run on federal rules, agency deadlines and evidence that overwrites
A train weighing thousands of tons cannot stop for a blocked crossing. Responsibility usually sits with how the crossing and the corridor were designed and maintained.
About train and rail accidents claims
Rail injuries fall into recognizable categories: collisions at grade crossings where warning devices were absent, inadequate or malfunctioning; pedestrians struck along a corridor that was never adequately fenced or signed; passengers hurt boarding, alighting or riding a commuter or light rail line; and platform, gap and escalator incidents inside stations. In each, the questions are whether the warning and protection systems performed, whether sight lines and vegetation were maintained, and whether the operator followed its own rules on speed, horn and brake application.
These cases are procedurally distinctive. Most California passenger rail and light rail service is operated by public agencies, which generally means a written administrative claim within six months of the injury before any lawsuit may be filed. Federal railroad regulation also shapes what claims survive, particularly around crossing warning devices and track standards, so the legal theory has to be selected carefully at the outset rather than adjusted later.
Evidence is heavily electronic and controlled by the operator. Locomotive event recorders capture speed, throttle, brake and horn activation. Forward-facing and inward-facing cameras, dispatch and signal logs, crossing circuit records and station video all exist, and all are subject to retention schedules. A preservation demand is the first order of business, ahead of everything else.
Common injuries
Injuries we see most often in these cases. Every claim is different, and this list is not exhaustive.
- Catastrophic crush injuries and traumatic amputation
- Traumatic brain and spinal cord injury
- Multiple fractures from a fall on a platform or between cars
- Burns and electrical injury from third rail or catenary contact
- Severe psychological trauma, including for crew and witnesses
- Wrongful death at crossings and along rail corridors
Who can be held liable
Responsibility often extends well beyond the most obvious company. We look at every party in the chain.
- The passenger rail, commuter or light rail agency operating the service
- The freight railroad that owns or dispatches the track
- A public entity responsible for the roadway approach or crossing design
- A contractor that installed or maintained signals, gates or track
- A vehicle or equipment manufacturer where a component failed
Evidence that matters
What we work to preserve and obtain early, because this proof tends to disappear with time.
- Immediate preservation demand for event recorder and camera data
- Signal, dispatch, crossing circuit and maintenance logs
- Crossing inspection history and prior incident reports at that location
- Sight line, vegetation and warning device condition documented at the scene
- Crew records including hours of service, training and toxicology
Do not wait on the deadline
California generally allows two years to bring a personal injury or product liability claim under Code of Civil Procedure § 335.1, and two years from the date of death in a wrongful death case. Shorter deadlines apply when a government entity is involved, and deadlines can be extended for injured children. Exceptions are fact-specific. Talk to us before you assume anything about your own timeline.
Answers
Train and Rail Accidents: common questions
Injured by train accidents? Let us review it at no cost.
A conversation costs you nothing and there is no obligation. No fee unless we recover compensation for you. In some matters a client may still be responsible for case costs and expenses, and we will explain exactly how that works before you decide to hire us.