Many in California count on trains to get them to and from work, to and from vacation, and other needs. While the chances of being involved in a train accident are much lower than the chances of being involved in a car accident, it does happen. Many people know the basics steps to take after a car accident but what do you do after a train accident? Who’s actually at fault? And how do you prove that?
At Law Offices of Fernando D. Vargas, we can help you. Read on to learn more about the nuances of train accidents and then call us at 909-982-0707 for a free legal consultation. If you’re owned damages then we can help you. Now is the time to find out what your options are. Call today.
The first step is to determine who’s responsible
Every single train accident is different. In many cases, there are numerous causes for the accident. If that’s true, then each of them may be held accountable. Some of the most common parties that are often responsible for a train accident include the train company that actually owns and operates the train, the manufacturer of the locative, the owner of the railroad track, the operator of the trail, or the company that makes equipment, specifically the signal equipment. In some cases, a drive on the road will be responsible for the accident.
How to prove fault in a train accident
Once we’ve determined who’s at fault, the hard work begins: Proving it. In our experience, most train accidents are really the result of negligence. This is defined, for legal purposes, as a failing to exercise a degree of care that a reasonable person would if they were dealing with the same or very similar circumstances.
The truth is that most train companies won’t take responsibility
In a perfect world, when a train company is at fault, they’d admit it, take responsibility, and ensure that victims got the damages they were entitled to. Unfortunately, the reality is very different – train companies will deny, deny, deny that it was their fault and they will deny liability for injuries. This is just one of the reasons that it’s so important to work with an experienced personal injury attorney.
We will investigate your case from start to finish
When you work with Law Offices of Fernando D. Vargas, the first thing we’ll do is to investigate the circumstances of the case. This may involve looking into the training, experience, and qualifications of the conductor of the train, and looking into both their work history and their sleep schedule as well. We will at the train company to see if they were in violation of any federal and / or state safety requirements.
We’ll get all maintenance records and other similar documentation from the train company, and will get police reports and any other accident investigation paperwork available. We will work with experts to evaluate how fast the train was moving, when the emergency brake was applied, and whether or not the signals were working correctly.
These are just the first steps we’ll take. If you or a loved one has been injured a train accident then you need to reach out to Law Offices of Fernando D. Vargas at 909-982-0707. We will start with a free legal consultation and let you know what your options are.
