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Home | Legal

Train Accidents: Who is Liable?

By: Kamille Pagibigan

Train Accidents in California

Train accidents are not as common as most people think. Many of these accidents are caused by various factors. Some occur when cars, trucks, or any other vehicles stall or are purposely left on railroad tracks. Other incidents happen when locomotive operators are preoccupied or get distracted and some are due to confusing signals at railroad crossings over rail lines.

In the United States, nearly 13,236 train accidents occurred last 2007. These incidents include collisions involving train and other motor vehicles, derailments, and train crashes.

In 2005, there were 199 train accidents, 189 last 2006, and 152 train incidents in 2007. All these occurred in California alone. These records, although seemingly high, do not even include accidents such as train crashes that involve automobiles at railroad crossings.

Last 2008, in the first half of the year, there were 62 train accidents, but none was fatal. However, in September 2008, the accident involving the Chatsworth Metrolink train occurred. The number of fatalities in this accident made it the deadliest American train accident in 15 years.

When such accidents occur, the financial, especially the emotional toll on victims, their families, and loved ones cannot be overestimated. Looking on the bright side, the law offers certain remedy for those who suffered injuries because of train accidents, so those who are at fault for the incident bear the costs of their negligent actions instead of the innocent passengers and employees.

If you or someone you love has sustained injuries and damages because of a train accident, you might be entitled to a valid claim for your losses. It may be necessary to consult with an experienced personal injury lawyer in California. He/She can determine whether you have a good case and can increase your chances of getting the highest possible amount of compensation from those who are responsible for your losses.

Liability in Train Accidents

Like every other accidents, each train accident is distinctive. It can be caused by only one factor or multiple, interconnecting factors. A good lawyer, usually with the aid of engineers, and other experts, can study all the details concerning the accident and determine liability in such incidents. The parties who can be held legally responsible for train accidents include the following:

� The public agency or company that operates and owns the train

Companies of freight and passenger trains are responsible in keeping their rail cars, trains, and other equipment in good condition, as well as for hiring workers who are capable of performing their job well. It is the companies� responsibility to properly train and supervise their employees and make sure that they are not overworked in which human errors become more likely. If they are not able to do any of these responsibilities in which a train accident occurs as a result, they might be liable for train injuries, fatalities, and property damage.

� The track owner

The government entity or company that controls or owns the section of track where the train accident happened owes a responsibility to the employees and passengers using those tracks to maintain it in a good condition.

� A driver of a motor vehicle

When a train accident that involves a collision with a truck or car on the tracks during the time when the train was passing occurs, then the driver of the vehicle may be legally responsible for damages due to the incident.

� The manufacturer of the signal equipment, engine, or any other equipment

If a train accident was due to the failure of equipment, then the manufacturer may be held liable for the accident.

Getting Help

With all these factors to consider, a train accident may be much more complicated than what you might expect. It is advisable to seek the legal assistance you need from a skilled personal injury lawyer in California.

Article Source: http://bytepowered.org/articles

If you have been involved in a train accidents in California, contact our skilled personal injury lawyers to help you with your case. Log on to our website and dial our toll-free number.

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