What to Know If You Get in a Train Accident in California
Whether you've been injured in an accident, are dealing with a personal injury claim, or facing another legal issue, Mendez & Sanchez APC is here to fight for you. Contact us today for a free, no-obligation consultation.
Call Us Now
Train accidents often occur because people don't realize how fast trains are moving, and they misjudge the distance between the train and themselves. Other times, people may deliberately leave their vehicles on the railroad tracks, or the signals at road crossings can be conflicting. The equipment can also have problems, or the operators can get distracted.
Table of Contents
- Types of Train Accidents You Can Get Compensation For
- Things to Do If You Get in a Train Accident
- Seeking Compensation for Train Employees
- Who to Sue in a Train Accident
- Types of Damages Recoverable in a Train Accident
- Conclusion
A personal injury can be emotionally, physically, and financially devastating. You may be worried about how you will pay your medical bills or make ends meet if you cannot work. California personal injury lawyers can help you get the compensation you deserve under the law.
Types of Train Accidents You Can Get Compensation For
There are many different ways that train accidents can occur. When someone is injured in a train accident, they may be eligible to receive compensation, especially if the accident was caused by someone else's negligence. Train accidents include:
Collisions
Collisions between trains are rare but can be very dangerous due to the size and speed of the trains.
Crashes with Cars
At a train crossing, there is always the potential for an accident to happen. If a driver is not paying attention, they may not see the train coming and could end up in its path. Additionally, if a driver tries to speed through a crossing while the warning signals are active, they could get hit by the train.
Derailments
When a train derails, it can cause serious damage and injuries to nearby buildings, passengers, and railroad workers. This occurs when one train car pulls other cars off the track, affecting the entire train.
Pedestrian Hits
Walking or crossing train tracks when a train is coming can cause a severe accident.
A California train accident lawyer can help you get compensation if you've been injured in a train accident. They can assess the details of your case and file a personal injury case before the statute of limitations expires.
Things to Do If You Get in a Train Accident
If you are involved in a train accident, it is important to seek medical attention immediately, as the injuries sustained can be severe. First responders will be called to the scene of the accident, and a railroad accident attorney in Los Angeles can advise you on what to do next. These steps may include:
- Not Giving a Statement
The law in California does not require injured train crash victims to provide any information about how the crash occurred or their injuries to the carrier or its insurer. Train accident lawyers in Los Angeles advise against giving any statements or medical authorizations, as they may be used against you in the future.
- Taking Note of Deadlines
This means that if you or a loved one was hurt in a train accident, you must act quickly to protect your rights. In general, you will have a limited time to file a claim against the responsible party. You could be barred from seeking compensation entirely if you miss the deadline.
- File a Claim
You have a limited time to file a claim against a public transit agency if you were injured or lost a loved one in a train crash. To preserve your rights, it is crucial to have a railroad injury claim in California represented as soon as possible.
Seeking Compensation for Train Employees
If you work for a railroad company and are injured on the job, you are not covered by workers' compensation like most other employees. Instead, you are covered by the Federal Employers Liability Act (FELA). California train accident lawyers can help you file a lawsuit under FELA if you can demonstrate that the railroad company's negligence caused your injuries.
To have a successful lawsuit against a railroad company, you will need to show that the company did not provide adequate supervision for its employees. This means putting together all the evidence you have to show that the company is at fault. With the help of a personal injury lawyer, you should be able to get the full amount of compensation you deserve.
Who to Sue in a Train Accident
The first step in filing a train accident claim is determining which party or parties are at fault for the accident. This can be a complex process, as multiple parties may be involved, and each may be only partially at fault. Once the negligent party or parties have been identified, your lawyer can help you file a claim against them and their insurance companies. The typical parties at fault are:
- Railroad Company
The railroad company is responsible for ensuring the tracks and trains are safe and well-maintained. They also need to make sure that the people who work on the trains, like the engineers and conductors, have the proper training and experience. If the company doesn't do these things and you get hurt, they can be held liable.
- Train Operator
The agency or company responsible for the railways needs to ensure that everything is running smoothly and that all the equipment is working properly. They also need to manage and take care of the employees by providing them with everything they need for the job. However, if the company makes the engineers work long hours without enough sleep, it would be considered negligence on the company's part.
- Track Owner
A train track comprises different parts, each of which could be owned by a different government entity or private company. If there is a problem with one part of the track, it can contribute to an accident. If this happens, the entity that manages or owns the part of the track where the problem occurred can be held liable.
- Manufacturer
The cause of a train crash can be attributed to many different factors. A signal malfunction, engine failure, or other components of the train can be the cause of an accident. In some cases, the manufacturer of that component or part can be held responsible for the crash.
Types of Damages Recoverable in a Train Accident
After a train accident, you will likely be fighting for compensation. The most important thing you can do is to make sure that the person or institution responsible for the accident covers your damages, either directly or through their insurance company.
- Punitive
If the defendant did something wrong on purpose or out of spite, they might have to pay you extra money. You may be able to get this money if you can show that the defendant acted with malice, fraud, or oppression.
- Property
If you suffered damage to your property in the accident, you might be compensated for the cost of repairs or replacement.
- Lost Wages
If your injuries from an accident prevent you from working or force you to miss work, you may be able to get compensation for those lost wages.
- Medical
The compensation can also cover the costs of any therapies, devices, medications, doctor or hospital visits, and surgeries that may be needed.
Conclusion
If you have been involved in a train accident, you can do a few things to ensure you are adequately compensated. First, make sure to get the contact information of any witnesses to the accident. Second, take photographs of the accident scene and any injuries you may have sustained.
Third, file a claim with the appropriate authorities as soon as possible. Finally, keep all documentation related to the accident, including medical records and bills, for your records.
Do you need the help of an auto accident lawyer in California? Trust Mendez & Sanchez Law. Our attorneys and team members are here to help you through the difficult legal landscape as we pursue the compensation you deserve. Call now.
Frequently Asked Questions
How long do I have to file a lawsuit after a train accident in California?
If you were injured in a train accident in California, you generally have two years from the date of the accident to file a personal injury lawsuit under California Code of Civil Procedure Section 335.1. However, if the train was operated by a public transit agency — such as Metrolink, BART, or LA Metro — you must first file a government tort claim within just six months of the incident under California Government Code Section 911.2. Missing either of these deadlines can permanently bar you from recovering any compensation, which is why it's critical to contact a train accident attorney as soon as possible after your injury.
What kind of compensation can I actually get after being hurt in a train accident in California?
Victims of train accidents in California can seek both economic and non-economic damages, which may include reimbursement for medical bills, future medical care, lost wages, and loss of earning capacity, as well as compensation for pain and suffering, emotional distress, and reduced quality of life. In cases involving particularly reckless or malicious conduct — such as a railroad company knowingly ignoring dangerous equipment defects — a court may also award punitive damages under California Civil Code Section 3294. The total value of your claim depends on the severity of your injuries, how they affect your daily life and ability to work, and which parties share fault for the accident.
Can I still recover money if I was partly at fault for the train accident?
Yes — California follows a pure comparative negligence rule under California Civil Code Section 1714, which means you can still recover compensation even if you were partially responsible for the accident. Your total award is simply reduced by your percentage of fault; for example, if you were found 30% at fault and your damages totaled $100,000, you would still receive $70,000. This makes it worth speaking with an attorney even if you think you may have contributed to the accident, because many victims underestimate how much of the fault actually lies with the railroad company or operator.
What mistakes do people most often make after a train accident that hurt their case?
One of the most damaging mistakes train accident victims make is giving a recorded statement to the railroad company's insurer or signing a medical authorization form before consulting an attorney — both can be used to minimize or deny your claim. Another common error is delaying medical treatment, which insurers and defense attorneys often use to argue that your injuries weren't serious or weren't caused by the accident. In California, you also have a very short window — as little as six months — to file a government claim if a public transit agency was involved, so waiting too long to seek legal help is a mistake that can cost you your entire case.
Does workers' compensation cover me if I was injured while working on a train in California?
No — if you are a railroad employee injured on the job, California's standard workers' compensation system under California Labor Code Section 3600 does not apply to you. Instead, you are protected by the Federal Employers' Liability Act (FELA), a federal law that allows railroad workers to sue their employer directly for damages caused by the company's negligence. Unlike workers' compensation, FELA requires you to prove that the railroad's negligence contributed to your injury, but it also allows you to recover a much broader range of damages — including pain and suffering — making it a more powerful remedy for seriously injured railroad workers.
Who is typically responsible when a train hits a car at a railroad crossing in California?
Liability in a train-car crossing accident in California can fall on multiple parties depending on the circumstances. The railroad company may be liable if the crossing signals were malfunctioning, warning signs were inadequate, or sight lines were obstructed — all of which represent a failure to maintain a safe crossing under their duty of care. A government entity, such as a city or county transportation department, may share liability if they were responsible for maintaining the crossing infrastructure. The driver may bear some or all of the fault if they ignored active warning signals or bypassed crossing gates, but even in those cases, an experienced attorney may identify contributing negligence by other parties.
What should I do in the first 24 hours after a train accident if I think I want to file a claim?
In the first 24 hours after a train accident in California, your top priority is getting medical attention — even if you feel okay, some serious injuries like traumatic brain injuries or internal bleeding may not show symptoms right away, and documented medical treatment creates an important record for your claim. If you are physically able, try to photograph the scene, gather contact information from witnesses, and note the train number, operator name, and any visible equipment issues before you leave. Do not give any statements to railroad representatives or insurance adjusters, and contact a California train accident attorney as quickly as possible, especially if a public transit agency was involved, since the government claims deadline can be as short as six months under California Government Code Section 911.2.