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San Diego Train and Light Rail Accidents
San Diego, a massive city of 1.425 residents, sits in the center of a sprawling network of local towns in the center of coastal San Diego County. Though a popular place to live, the cost of living has sent many workers to next door Riverside County and other areas as far away as Los Angeles while still commuting to San Diego. Commuting is a way of life with 2.1 percent of the population commuting at least 3 hours to and from work daily.
With the reality of long commutes and congested roadways, it’s no surprise many people have turned to Amtrak’s Surfliner, Coaster commuter rail, Sprinter light rail, and the trolley system as an inexpensive, efficient alternative to daily driving. Nearly 120,000 people ride the Metro’s trolley system daily. However, the convenience of these transportation options seems very distant when accidents can and do occur, resulting in serious injuries and fatalities on every San Diego light rail and train system operating. Just last year, in 2019, an elderly man was killed during a train collision after disembarking a trolley and heading to the Amtrak station. The sobering reality of severe consequences from San Diego train and light rail accidents emphasizes the importance of exercising the utmost caution around these transit systems.
Common Causes of San Diego Train and Light Rail Accidents
San Diego train and light rail accidents can take many forms, depending on the location the accident occurs. Considering both light rail and trains run in, near, and through a major metropolitan area, it’s no surprise that railroad crossing accidents, train on train collisions, car on train collisions, and even derailments occur.
There can be any number of causes for train and light rail accidents. For light rail operators, most collisions with other trains and trollies, pedestrians, bicyclists, or motorists occur at unprotected line crossings. Accidents are often due to high rates of speed, negligent operation, poor maintenance of lines, negligently parking a train or trolley car, and insufficient communication about weather and track conditions.
Train derailment, mentioned earlier, are catastrophic events often leading to multiple injuries and fatalities. Though they’re commonly caused by overlooking safety protocol, excessive cargo weight, speeding, obstructions on the tracks, broken tracks, and faulty equipment can all contribute to a derailment. With railroad crossing accidents, however, it’s common to see causes including:
- Train failure to use light or horns when approaching a crossing
- Defective signals or gates
- Debris obstructing crossings
- Objects protruding off the side of the train
However, these accidents occur, they have a high fatality rate and are serious cause for concern. Those who are lucky enough to survive often sustain catastrophic injuries that will affect them for a lifetime and cost exorbitant amounts of money to treat.
Liability for San Diego Train and Light Rail Accidents
Depending on the circumstances, a number of different parties could be at fault and liable for personal or wrongful death injuries. Trains and trolleys are held to a higher carrier standard of operation than most other vehicles to protect the safety of passengers and the general public. If a motor vehicle negligently struck a train and caused injury, the driver of the vehicle would most likely be held responsible unless the motor vehicle was deemed to have a defect responsible for the accident.
In other cases, situations such as train mechanical failure, operating while intoxicated, and improper signaling could all result in liability to several parties including:
- Maintenance companies
- Rail authorities
- Government entities
- Transit authorities
- Train companies
- Manufacturers
- Engineers
Recovering for Your San Diego Train and Light Rail Accident Injuries
There are different paths for recovering compensation for train and light rail injuries depending upon the party at fault. If you were hurt by a motor vehicle driver, it’s common to file a claim with their insurance company. If you retain an experienced personal injury or wrongful death attorney, they can conduct an investigation and then negotiate with the insurer on our behalf to secure the best settlement offer possible.
If, however, you don’t receive a fair settlement offer or the at-fault party was a manufacturer or other party not operating the train or light rail vehicle, your best option is filing either a personal injury or wrongful death lawsuit seeking damages from the party to blame. It’s critical you understand who you decide to sue, because there are different time limits for suing different parties. Suing an at-fault government entity must occur no more than 6 months from the date of your injury, but you have 2 years from injury to sue other parties.
Damages Available in Personal Injury and Wrongful Death Claims
Depending on who was injured or killed in a San Diego train or light rail accident, different lawsuits may be filed. In personal injury lawsuits, you seek compensation to make up for the injuries you suffered from someone’s bad behavior. Personal injury victims commonly seek damages for physical, mental, emotional, and financial injuries including:
- Medical bills
- Property damage
- Lost wages
- Lost future earning capacity
- Scarring or permanent disability
- Pain and suffering
If, however, you lost a loved one as a result of the accident, you would file a wrongful death lawsuit seeking compensation for harms resulting from their avoidable, sudden and unexpected absence. Victims often pursue damages for:
- Lost companionship, love, and support
- Expected financial contributions from the deceased to the household
- Funeral and/or burial expenses
Contact a San Diego Train and Light Rail Accident Attorney
If you’ve been injured or lost a loved one in a San Diego rail accident, you deserve compensation for your injuries. To ensure you protect your rights, put your strongest case forward, and save yourself the headache of dealing with insurance companies, government entities, and other parties’ attorneys, contact the experienced San Diego Train and Light Rail accident attorneys at Daneshrad Law, PC. Alan Daneshrad and his team know how to fight for injury victims like you in complex accident claims and stand up to government entities and big companies alike. We’re here to look out for your best interests and keep you from being bullied into accepting less than you deserve.
The Daneshrad Law team has the knowledge and resources to fight aggressively on your best, investigate thoroughly, and secure maximum compensation for you. Nobody should be hurt by someone else’s negligent behavior, so don’t wait to schedule a free, no obligation initial case evaluation. Call us today at (888) 881-3529 or (310) 858-8239 or contact us online. We look forward to reviewing your situation, answering your questions, and help you make the best of a bad situation starting now.
