For many people in California, riding the train to work each day or using it for a weekend excursion is not uncommon. Unfortunately, accidents involving trains are also not uncommon. Since trains are traveling at high rates of speed when accidents take place, injuries to passengers are often very severe.
Because of this, months of expensive medical treatment are needed, resulting in an inability to return to work. When bills start to accumulate, and income diminishes, victims need the services of an experienced Sherman Oaks personal injury attorney to help them fight the insurance companies and gain compensation for their injuries.
The Best Train Accident Defense Attorneys
When train accidents occur in California, they are generally very complex cases on many fronts. The company operating the train system will be disputing your injuries, as will the company’s insurer.
If you were injured while riding a city-owned train system, the city might also be claiming government immunity from being sued for the accident. Since you will only have minimal time to file an injury claim against a municipality, rely on a train accident attorney to hold those responsible accountable for their actions.
Sherman Oaks victims know and trust Okhovat Law Firm for our legal counsel, support, and highest level of care. We have a reputation for getting clients the results they need, and:
- Having a proven track record
- Providing one-on-one contact with clients
- Not charging fees unless the case is won
- Taking a personalized approach to every case
Whether you were injured in a train accident, car crash, slip and fall, or if you want to file a wrongful death lawsuit on behalf of a deceased loved one, you can feel confident with us on your side. To get started, give us a call at 310-362-6740 or email us at firstname.lastname@example.org.
What Causes These Accidents?
Though trains such as LA Metro are highly specialized and state-of-the-art vehicles, many train accidents are caused by negligent operators or those who lack the proper training and qualifications.
California Civil Code §2100 states common carriers – like city and state-operated trains – must use the highest level of care for passengers, including a reasonable degree of skill to perform the job. Failure to comply with this law puts the city of Los Angeles squarely on the hot seat and potentially liable for your damages.
Expect the city’s lawyers to do all they can to prove they were not at fault. To get to the bottom of cases such as these, you should always work with a railroad derailment attorney from Sherman Oaks with the experience, knowledge, and investigative resources needed to show the train’s operator should never have been at the controls.
Train or Railway Issues
While many accidents are caused by operators who don’t have proper training, failed to adhere to standard safety precautions, or may in fact have been high on drugs or alcohol, other train accidents take place due to:
- Railway issues related to lack of vehicle maintenance
- Defects with railroad tracks
- Inadequate railway maintenance
- Improperly parked cars
- Lack of security at the trainyard
- Sudden derailment
For example, if a railroad company or city is trying to cut costs, certain vehicle maintenance issues may not be attended to when needed. Track maintenance may also be put on hold to save money. However, in doing so, passenger safety is pushed aside, putting you and others at much greater risk.
Should an accident take place, discovering issues such as these is difficult at best. However, by hiring a lawyer for train crashes in Sherman Oaks, you will have an attorney who partners with railroad accident experts and crash reconstruction analysts to determine exactly what caused your accident.
Pay Attention to Deadlines
Like a car accident or motorcycle accident, victims don’t have long to seek compensation for their damages. Though you will of course be focused on recuperating from your injuries, you should also pay attention to deadlines regarding how long you have to file a personal injury lawsuit or injury claim.
If you decide to file a personal injury lawsuit in California, state law requires you do so within two years from the date of your accident. However, if you file an injury claim against the city of Los Angeles, you will only have a period of six months from the date of your accident to submit your claim.
Since many accident victims are not aware of these deadlines, many often miss out on the chance to be compensated for their injuries. To ensure you are not left on the outside looking in, contact a Sherman Oaks injury compensation lawyer as quickly as you can after your accident.
Documenting Your Injuries
The amount of compensation you may ultimately get will depend largely on your ability to substantiate your injuries. Always make sure you do two things following your accident.
- First, allow yourself to receive medical treatment both at the scene of your train accident and at a hospital. Even if you feel perfectly fine, injuries like internal bleeding, whiplash, and brain damage can take longer to become evident.
- Once you do and have your injuries documented in your medical records, hire a train wreck attorney in the Sherman Oaks area to handle your case. They can hold insurance companies accountable during settlement negotiations.
If we win, you’ll have the compensation needed to pay your medical bills and replace thousands of dollars in lost income.
When you are injured in a train accident in California, don’t be surprised if the train company’s insurer contacts you to reach a quick financial settlement. Though this sounds promising, it is anything but that. Along with trying to get you to say something that can be used against you to deny compensation altogether, the amount of money offered will be far less than you need and deserve. Rather than let your desperation guide your thinking, speak to a metro lawyer Sherman Oaks trusts to protect your rights in these situations.
Don’t Be Intimidated
Unless you hire a lawyer with experience handling these cases, you may let yourself become easily intimidated by insurance companies or lawyers representing the city itself. Along with evasive threats of denying your compensation, you may also encounter situations where your credibility will be called into question.
At Okhovat, we will aggressively fight claims attempting to deny fault in your accident. Contact us to begin a consultation to gain peace of mind and get the results you deserve rather than sit at home or in a hospital worrying about your financial future following your railroad accident.
Related Articles About Train Accidents
Who’s Liable If You Are Injured On The LA Metro?
Take the train often? Chances are you’re familiar with LA’s metro rail train system. Since the 2008 tragedy at Chatsworth station, people have paid closer attention to the risk of train accidents and injuries. Still, passengers get hurt each year.
Getting hurt in any public event puts the city of Los Angeles at the center of a lawsuit. Depending on the nature of your case and severity of injuries, the city government is obligated to compensate you. Read on for more information regarding liability after a metro accident.
Frequently Asked Questions About Train Accidents
As a victim or surviving family member, can a lawsuit be brought against the city if the accident didn’t happen at a railroad crossing?
This is a question we hear often. If an attorney can prove the following, you will have a strong case of negligence:
- That the property owner or railroad company property where the accident occurred was kept in hazardous conditions
- That the railroad company knew of people crossing at a particular location and did nothing to stop it
What damages can I recover from a train accident?
- Past and future medical expenses
- Wage loss from time off work
- Punitive damages against the defendant
- Wrongful death compensation
- Emotional distress damages
- Pain and suffering
Why is it important to retain a lawyer who will conduct a thorough investigation?
When any type of train accident happens, the operator will call upon a claims investigator to assess the accident scene and record evidence. They usually arrive before law enforcement does – putting your case at risk of tampering. They will try to find ways to protect the train company and blame someone else – including you!
A dedicated attorney will make sure that this doesn’t happen. We work with a team of experts who can make sense of the accident before building a lawsuit against the defendant.
As a railroad worker, am I entitled to the same rights as passengers to sue my company?
As a railroad worker, you are not required to prove negligence in the same ways a passenger would against the train company to recover compensation for worksite injuries – even death if you’re a surviving family member. The Federal Employers’ Liability Act (FELA) makes it easier for employees to access coverage for their personal injuries.