Los Angeles Train Accident Lawyer
There are many reasons for train accidents, and if you or a loved one were to be in a train crash, Los Angeles train accident lawyer Cyrus Shahriari would be prepared to conduct a full investigation on your behalf. However, the underlying cause of most common train accidents result from:
- Negligence
- Safety violations
- Operator fatigue
- Excessive speed
- Reckless conduct, including phone calls and texting, by a train conductor, rail inspector or railroad maintenance mechanic
- Operating a train under the influence of drugs or alcohol
- Improper storage of hazardous chemicals on board
- Faulty train track or rail inspections
- Defective or improper maintenance of crossing signals
Collision with Train Risks
There are three possible groups of people who risk being injured in train accidents: passengers; those who encounter the train, such as motor vehicles, pedestrians, or bicyclists; and railroad workers.
When trains collide with a car, truck, motorcycle, bicyclist, or pedestrian, a train accident will very likely result in, at best, serious personal injuries, and, at worse, a wrongful death.
Train Passenger Risks
Train passengers can suffer injuries in a variety of ways, including:
- Train derailment
- Train-train collision
- Train-collision
- Train-motorcycle collision
- Slip-and-fall accidents
- Property damage
- Falling objects from trains causing injury or property damage
Who May be Liable for Your Train Accident
If you suffered injuries caused by a train accident, or lost a loved one in such an accident, several persons, businesses and governmental agencies should be held accountable. These include:
- Railroad company
- Railroad operator
- MTA light rail transit agencies
- Local, city and state transit operators and administrators
- City where the accident occurred
- Railroad track owner
- Manufacturer of the train engine or other parts
Because train accident cases are complicated by insurance company lawyers and bureaucratic red tape, the key to a successful train accident claim is to consult with a train accident lawyer as soon as possible.
Possible Compensation
You may be eligible to recover compensation for:
- Medical Expenses: All medical bills and costs
- Future Medical Expenses: The effects of a train accident can often be felt for months, years, or even a lifetime after the injury occurred.
- Lost Wages: After an accident, you are entitled to any income you lost as a result of the train accident
- Loss of Earning Capacity: In addition to current lost wages, train accident victims are eligible to receive compensation for future lost wages.
- Mental Anguish: A victim an accident can further be compensated for mental suffering that could include fright, anxiety, depression, trauma, grief or feelings of distress.
- Loss of Consortium: A victim’s spouse can recover for loss of consortium when that spouse loses the ability to have normal marital relations.
- Property Damage: You receive full value for all property damage incurred in the train accident.
Injured Railroad Workers and FELA
Usually railroad workers who are injured or lose their lives on the job are not eligible for workers’ compensation. Their right to compensation from the railroad is governed by the Federal Employers’ Liability Act (FELA).
In workers’ compensation cases it is not necessary to prove negligence for compensation. In a railroad FELA lawsuit, your train accident lawyer does have to prove negligence by the railroad. But compensation for your injuries under FELA tends to be more than it is under workers’ compensation.
If the railroad has any liability at all in the situation – no matter how small – then the railroad must pay the railroad worker compensation. Under FELA, railroads are required to ensure that railroad workers have a “safe place to work” when they’re “on-the-clock.” This means the railroad must provide:
- Safe cars, engines, appliances, machinery, track and roadbeds
- Safe equipment, tools, and ergonomically safe working conditions
You also are covered by FELA any time you are “on-the-clock,” including if you are driving a motor vehicle while on railroad business.
FELA holds the railroad responsible any time it is careless or negligent leading to a railroad worker’s injuries or death. This is true even if the railroad worker is partially responsible for the train accident.
Recovery Under FELA
Under FELA railroad workers injured or who suffered a wrongful death may be eligible for compensation for past and future:
- Medical expenses
- Wage and benefit losses
- Pain and suffering
- Disability
- Funeral expenses
- Loss of consortium
When to Contact a Train Accident Lawyer
Regardless of how you were injured in a train accident, it is important to remember that there are deadlines by which time you must take legal action. These are called statute of limitations. If you miss the deadline, you are giving up all rights to ever bring a case against the railroad.
Los Angeles train accident lawyer Cyrus Shahriari urges you to contact him as soon as possible. If you are a railroad worker, the way in which you fill out your Report of Injury or Industry Illness for FELA may seriously affect your case.
The Cost of a Train Accident Lawyer
Los Angeles train accident lawyer Cyrus Shahriari takes train accident cases and FELA lawsuits on a contingency basis. This means you pay no attorney fees until your case is resolved.
For a FREE, no-obligation consultation, contact Los Angeles train accident lawyer Cyrus Shahriari.