1. Your first priority is to seek medical care for anyone who might have been injured.
2. Report the accident to the police and make sure a police report is filed.
3. Record the name, address, and telephone number of the other party and all witnesses.
4. Get insurance information such as the insurance agent, policy and insurance company.
5. Take photographs if possible of the location and damaged property.
6. Be careful of what you say. Remember not to provide a statement to anyone until you consult with a lawyer.
7. Seek the advice of an experienced California injury attorney immediately to begin protecting your rights.
In the United States, our rail system covers roughly 200,000 miles of track with 20,000 locomotives and one million freight cars.
While train transportation is relatively safe, thousands of train accidents occur in our nation every year leaving countless people seriously injured. The Federal Railroad Administration defines train accidents as "collisions, derailments, or other events involving the operation of on-track equipment."
Several culprits can be responsible for train accidents including negligence or wrongdoing on behalf of individuals, rail companies, employees, or the government, mechanical defects and failures, environmental hazards, and more. When train accidents result in injuries and/or death, the victims may be able to seek compensation for their losses and suffering.
Federal law requires that railroad companies report on the cause and nature of all train accidents resulting in personal injury, death, and/or property damage. When rail companies fail to adequately disclose information about train accidents, they can be held liable for this negligence in addition to the damages incurred in the train accident. These train accident laws are in place to hold rail companies responsible for train accidents caused by negligence or wrongdoing.
Collisions with other trains, passenger vehicles, pedestrians or other objects, mechanical failure and defects, operator fatigue, recklessness or negligence, environmental hazards, derailments, and grade crossing problems are some of the most common causes of train accidents. According to government figures, the majority of train accidents occur at unprotected crossings. In fact, most railroad crossings (80 percent) are not properly protected. Some consumer groups have made a substantial effort to increase safety at rail crossings in hopes of reducing the risk of train accidents.
When a train accident occurs, the consequences can be devastating. Putting together the pieces of the story to determine what happened can be extremely involved and complex, often requiring trained and experienced professionals. Once the causes of train accidents are determined, liability for those factors can be assessed. A qualified and experienced train accident attorney can evaluate your case to determine liability for your damages. If another party´s actions or negligence contributed to your train accident, you may be able to seek compensation for your losses and suffering.
If a railroad employee is injured in a train accident, there is a special federal law - called the Federal Employer´s Liability Act - that allows them to seek compensation from their employer in cases of negligence or wrongdoing. Congress enacted this special law in 1908 in recognition of the inherent dangers of rail work. The FELLA was intended to encourage rail companies to implement stronger safety programs to prevent employee railroad injuries and train accidents.
If you or a loved one has been injured in a train accident and you would like to learn more about your legal rights and options, please contact us to speak with the qualified attorneys at Kuvara Law Firm. Our attorneys have experience handling train accident cases and can protect your legal rights and interests, while helping you obtain the compensation you deserve. Our offices for personal injury are located in San Jose, San Francisco, San Rafael, Walnut Creek, Oakland, and Sacramento.
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