California Train Accident Lawyer
Although trains are not utilized nearly as much as they once were, thousands of Californians still use them on a daily basis. Unfortunately, while safety measures and technology have improved, train accidents still can and do occur at an alarming rate. In fact, the Federal Railroad Administration estimates that as many as 2,500 train accidents occur every year. Accidents involving trains tend to have especially devastating consequences, resulting in severe and often deadly injuries, so if you were involved in a train accident, it is important to contact an experienced California train accident lawyer who can help you seek compensation for your medical bills.
Types of Train Accidents
The most common types of train accidents include the following:
- Derailments;
- Collisions with other trains or vehicles; and
- Pedestrian accidents at unprotected railroad crossings.
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“Integrity”
“In addition to his substantive contributions to railroad grade crossing safety, I have personally observed his untiring efforts and contributions to improving the integrity of the legal system.”- Elizabeth Hardy -
“Beyond Belief”
“His knowledge of the rail industry and his willingness to share his knowledge with other people who do railroad work is beyond belief to me.”- Mike Bee -
“Given Hope”
“Through his efforts, he has single-handedly given hope to victims who are injured or killed as a result of dangerous railroad crossings”- Donald Vasos -
“Impressed”
“Nathan is a warrior fighting the railroads.”- Jonathon (Jon) C. Clark -
“Excellent Results”
“Nathan Karlin has my strongest endorsement in the field of railroad crossing cases and personal injury law.”- Joseph M. Miller -
“Would Recommend Without Hesitation”
“In each case, Nathan always possessed an incredible knowledge of the law and the facts, possessed a great talent for aggressive – strategic legal planning and trial tactics while, at the same time, displaying great skill as an effective negotiator.”- Scott McCluen -
“First Call is Nathan's Firm”
“Nathan’s knowledge and experience in handling and trying cases against these litigation savvy railroad companies gives me the confidence to know that the clients and cases I refer to him are getting the best of the best.”- James Perrin -
“Hard-Working”
“The staff is helpful, professional, and responsive.”- Tracy D.
Federal Regulation
In 1966, Congress passed the Department of Transportation Act, which gave the Federal Railroad Administration (FRA) the authority to create and oversee rail safety regulations. The regulations put in place by the FRA have gone a long way towards preventing accidents, as they require railroad companies to maintain their tracks, keep trains in good working order, and conduct regular inspections. The Office of Railroad Safety was also put in place to ensure that railroad companies, safety inspectors, and managers enforce rules regarding signal and train control, track design, maintenance, and transporting hazardous materials. Unfortunately, these rules are not always adhered to, which can have tragic consequences for passengers.
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Purpose-Driven Representation
We handle each case with the belief that the legal system should be a tool for positive change. Our work often leads to broader safety improvements, not just individual outcomes.
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Focused on Serious Injury Cases
Our practice centers on railroad crossing accidents and other catastrophic injuries. These complex cases demand deep experience and a commitment to long-term impact.
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Personalized, Accessible Legal Support
We maintain a welcoming environment where clients are heard, supported, and informed. Our team approach ensures you’re never left wondering where your case stands.
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Free Consultations, Contingency-Based FeesWe offer free consultations and only get paid if we recover compensation for you. It’s one way we make justice more accessible for those who need it most.
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Degree of Care
Common carriers, such as railroad companies, are required to use the highest degree of care to keep passengers safe, which involves ensuring that:
- Tracks are properly designed and constructed with high quality materials;
- Tracks are inspected for defects or potential hazards;
- Rails are kept free of overgrown foliage;
- Rails are maintained and repaired; and
- Conductors comply with all safety regulations and undergo appropriate training.
When companies fail to exercise this level of care, they can be held accountable for resulting accidents. For instance, railroad companies can be held legally liable for accidents caused by a conductor who was not qualified to operate a train. Failing to hire crews to cut back vegetation from the rails, or to perform repairs of broken railroad ties, or to ensure that all warning signals are in working order are also violations of this duty of care, as a result of which, the following parties can be held legally responsible for damages:
- The company or agency that owned and operated the train;
- The government agency or company that owns the track where the accident occurred; and
- The manufacturer of train equipment if it failed as a result of a production or design flaw.
In some situations, more than one party can be held accountable for injuries. If, for example, an engineer was under the influence when he was operating the train, his employer could be held accountable for a failure to supervise. However, if the tracks where the accident occurred were also overgrown with vegetation, which contributed to the accident, the injured parties could also file a claim against the owner of the railroad or the government agency responsible for maintenance.