In 2017, 14 people died in train accidents along the West Coast. On the same route the previous year, eight people died. Train and coaster accidents, though not as prevalent as some other transportation accidents, are serious incidents that can cause severe or fatal injuries. The San Diego train accident attorneys at Estey & Bomberger, LLP can help if you suffered an injury in a train or coaster accident in San Diego County.
What are the Top Causes of Train or Coaster Accidents?
The two main causes of train and coaster accidents are human error and mechanical error. Many people are involved in running a train, so there are several opportunities for human error to cause an accident. Human errors that could cause an accident include:
- Distraction
- Drowsiness
- Speeding
- Braking too little or too late
- Failure to properly align track switches
- Worker miscommunication
- Poorly trained workers
Many mechanical parts converge to run a train; a small piece malfunctioning could lead to an accident. Possible equipment complications that could cause an accident include:
- Signal malfunctions
- Track issues
- Mechanical issues with the train itself
How Do I Determining Fault and Liability in my Train Accident Case?
Multiple parties could be at fault in train accidents. Determining the at-fault party depends on the cause of the accident and who acted negligently. Railroad companies, like many other types of public transportation, are common carriers, which have stricter standards than other drivers. The law requires them to operate with the highest care possible to keep passengers safe.
If any person or organization fails to meet the standard of care expected of common carriers, they may be liable for the accident. For example, if a train conductor is overly tired and does not make a proper stop, causing him or her to hit someone crossing the tracks, the conductor would be at fault. If a part on the train malfunctions and causes an accident, the part manufacturer would most likely be responsible.
The Liability for Train Employees
A train employee who is injured in an accident follows different rules than a bystander. The Federal Employers Liability Act (FELA) covers many train workers. FELA covers almost any train employee injury as long as he or she can prove that the company or another person’s negligence caused the injury.
What Train Accidents have Occurred in San Diego Recently?
San Diego, like many other American cities, is not free of train and coaster accidents. Two train and coaster accidents occurred in San Diego in 2017. Many people cross the train tracks on their way to the beach. If the tracks are exposed, people will likely cross over them instead of walking around them.
The San Diego Association of Governments is in the process of building a second train track on the coastal line so that trains can pass each other without stopping. The number of trains traveling on that route projects to increase significantly by 2030. Some communities are hesitant to allow the government to build fences around the tracks because they want easy access to the beach.
Common Injuries in Railway Accidents
When a train traveling at high speeds collides with another object or derails, the force can severely injure the passengers, pedestrians, and railroad workers alike. Railway accidents frequently cause:
- Traumatic brain injuries (TBI): Head trauma from impacts or being thrown during a collision can lead to concussions, skull fractures, or permanent cognitive impairment.
- Spinal cord injuries: The violent force of train accidents can damage the spine, potentially resulting in partial or complete paralysis.
- Broken bones and fractures: Arms, legs, ribs, and other bones may break from the impact or from being crushed.
- Internal organ damage: Blunt force trauma can cause internal bleeding, ruptured organs, or other life-threatening internal injuries.
- Severe burns: Fires, explosions, or contact with electrical components can cause serious burns and permanent scarring.
- Amputations: In the most severe cases, limbs may be severed or damaged beyond repair, requiring surgical amputation
- Soft tissue injuries: Whiplash, muscle tears, and ligament damage can lead to chronic pain and mobility limitations that last for months or even years.
If you are involved in a train accident, you should always seek medical care, even if you aren’t obviously injured. Some injuries, especially internal damage and brain trauma, may not show symptoms right away. Going to the hospital protects your health and your future legal case.
A doctor can identify hidden injuries and create a medical record that documents your condition, which becomes important evidence if you pursue a claim. Delaying medical care can also give insurance companies reason to argue that your injuries weren’t serious or weren’t caused by the accident.
How to Prove Negligence in a Train Accident Case
Proving negligence is the cornerstone of most train accident claims. Without establishing that someone’s careless or reckless actions caused the accident, you won’t be able to recover compensation for your injuries. California law requires you to demonstrate four facts to prove negligence:
- First, you must show that the defendant owed you a duty of care. As mentioned earlier, railroad companies are common carriers and must exercise the highest degree of care to protect passengers. Train operators, maintenance crews, and other parties involved also have duties to keep people safe.
- Second, you need to prove there was a breach of duty—meaning the responsible party failed to meet their obligations. This could involve a conductor speeding, a maintenance company ignoring known track defects, or a parts manufacturer releasing faulty equipment.
- Third, you must establish causation by showing that this breach directly caused the accident and your injuries. It’s not enough to prove someone was careless; you must connect their negligence to what happened.
- Finally, you need to prove damages: the physical, emotional, and financial losses you suffered because of the accident. Medical bills, lost wages, pain and suffering, and other losses all qualify as damages.
Why You Need a San Diego Train Accident Attorney
Navigating a train accident claim requires extensive legal knowledge and resources. These cases often involve multiple potentially liable parties, from railroad corporations to government entities to equipment manufacturers. Each party will have its own attorneys working to minimize its liability and the compensation it pays.
This is why you need experienced legal representation on your side. Hiring an attorney levels the playing field and protects your interests throughout the claims process. By hiring the San Diego train accident lawyers from Estey & Bomberger, LLP, you gain an advocate who thoroughly investigates your case, accurately calculates your damages, and handles all negotiations with insurance companies and defense attorneys. You can focus on your recovery while we fight for the maximum compensation you deserve.
Our Train and Coaster Accident Attorneys in San Diego offer Free Consultations!
Train and coaster accidents can cause serious physical, emotional, and financial damage. If a train accident has injured you or a loved one, you deserve compensation so you can begin recovering from the tragedy. The attorneys at Estey & Bomberger, LLP can fight for you. Contact Estey & Bomberger, LLP for help in your San Diego train and coaster accident case. Call us today! (619) 295-0035