A Brief Summary of the Following Article
Traversing the vast railroad network of America, and even local transport networks, trains and trolleys present a unique charm and an efficient mode of transportation. Yet, just like any mode of transport, it comes with its set of dangers. In 2022, the National Safety Council recorded a worrying number of train accidents, leading to an 11% increase in numerous injuries and tragic losses of life.
Not only can train and trolley accidents be a source of significant risk and injury, but injuries to motorists, cyclists, and pedestrians involved in such collisions are nearly always catastrophic. Each year there are numerous accidents involving trains, trolleys, and other public transport where vehicles and pedestrians are struck.
The law requires adequate warning, specific safeguards, and speed restrictions for public transport such as trains and trolleys. Accidents involving excessive speed by train or trolley operators, abrupt stops, and inadequate warnings occur regularly – often resulting in injuries to passengers and the public.
Accidents on railways, spanning commuter trains to freight carriers, can result in catastrophic injuries caused by derailments, collisions with other vehicles at crossings, and negligent train conductors.
When train or trolley accidents occur due to negligence, victims have the legal right to seek justice and pursue compensation for their injuries.
When an injury results from the negligence of a government entity, i.e., a local metropolitan transit authority, a city, state, or federal government, very strict and short time periods are available to file a claim, often only 6 months. This means you must act fast to protect your legal interests. In other words, contact a San Diego trolley accident attorney right away who can file the appropriate claim papers with the appropriate government authority before your right to pursue a claim is gone forever.
With Jassim Law’s comprehensive legal experience, our San Diego train and trolley accident lawyers can meticulously navigate the complexities of train accident claims, ensuring victims receive the restitution they rightfully deserve. Leveraging our community network and resources, we fight to hold negligent parties accountable and help you rebuild your life following the accident.
Causes of Train and Trolley Accidents in San Diego
Trains and trolleys are known for their reliability and efficiency, but they are not without their share of risks. Train and trolley accident victims often suffer catastrophic injuries through no fault of their own. The following are the most common causes of train accidents in San Diego and surrounding areas:
- Human error: Trains are often operated by highly trained professionals, but like any job, there is room for human error. Fatigue, distraction, excessive speed, and even miscommunication can all lead to accidents. An inattentive or tired train operator may miss a signal or fail to respond appropriately to a hazardous situation.
- Mechanical failures: Trains are complex machines with many components that must function correctly for safe operation. Mechanical failures, such as brake malfunctions, engine problems, or signal system errors, can lead to accidents. Additionally, if a train company fails to maintain or regularly inspect its machines, then accidents may occur.
- Track defects: The tracks themselves play a critical role in train safety. Defects in the tracks, whether caused by wear and tear, extreme weather, inadequate maintenance, or other issues, can lead to derailments and collisions.
- Collisions at crossings: Train-vehicle or train-pedestrian collisions at railroad crossings are a significant cause of train incidents. These accidents are caused by drivers not heeding warning signals, barriers, or gates at crossings, malfunctioning or inadequate warnings, and excessive speed.
At Jassim Law, we investigate your train or trolley accident to determine the cause and establish one or more liable parties. We know you have a lot on your plate following this type of accident, which is why we handle all aspects of your case and connect you with the care you need to allow you to focus on recovering from your injuries.
Liability in a Train or Trolley Accident Claim
Train or trolley accident claims are complex due to the involvement of several parties, depending on the circumstances and cause of the accident. The following entities and individuals can be potentially responsible for the damages you suffered:
- Train operators and crew: The train operator, conductor, and other crew members can be held liable if their negligence, errors, or violations of safety protocols directly contributed to the accident. This may include issues like a distracted or fatigued operator, failure to abide by safety standards, or inattentiveness.
- Railroad/train companies: Railroad companies may be held liable for train accidents if they are found to have inadequate maintenance practices, insufficient safety measures, or defective equipment that contributed to the accident.
- Manufacturers and suppliers: In cases of mechanical failures or defective equipment, the manufacturer or suppliers of train components may be held liable if it can be proven that the defect or malfunction led to the accident.
- Government entities: If the train is owned or operated by a local, city, state or federal government then the appropriate claim could be against that government entity. Government claims are complex, with specific rules and laws that apply.
- Other drivers or pedestrians: Train accidents can also involve other vehicles, pedestrians, and trespassers. If the negligence of these individuals contributed to the accident, they may share liability.
- Passengers: In some cases, passengers on a train may engage in activities that lead to accidents, such as tampering with safety equipment.
Determining liability in a train or trolley accident requires thorough investigation, examination of evidence, and expert testimony. At Jassim Law, we fight to hold all accountable parties responsible for your injuries and losses, thereby making our communities safer.
We know the difference it can make to recover the full extent of the harm and money justice you deserve.
Recoverable Compensation in a Successful Train or Trolley Accident Claim
At Jassim Law, we know the lasting physical, emotional, and financial toll train and trolley accidents can take on victims. We help you recover the economic and non-economic damages you suffered due to someone else’s negligence, which can include the following:
- Non-Economic harms (Pain and suffering)
- Loss of enjoyment of life
- Physical Impairment
- Mental suffering
- Emotional distress
- Medical expenses (past and future)
- Physical therapy and rehabilitation expenses
- Cost of prescription medication
- Lost wages or income (past and future)
- Loss of companionship
- Loss of Consortium
- Wrongful death damages
- Punitive damages
For the best understanding of what compensation may be recoverable for your particular case, you must consult the San Diego train accident lawyers at Jassim Law to calculate the losses you suffered and how to proceed next. We know compensation cannot heal your injuries. However, it will offer the financial support you and your family need to recover and move forward from this challenging event.
Speak With the Experienced San Diego Train and Trolley Accident Lawyers at Jassim Law
Dealing with the aftermath of a train or trolley accident can be challenging on your own, both medically and legally. Fortunately, you do not have to face it alone. Attorney Pajman Jassim stands by your side, offering unparalleled dedication and a commitment to your case, ensuring you get the care and support you need.
Recognized as one of San Diego’s top attorneys in 2015 by San Diego Metro magazine, Attorney Jassim brings a track record of excellence to your legal journey. We fight for train accident victims and to keep our communities safer. Reach out at (619) 554-0624 or fill out our contact form to set up your free consultation with a San Diego train and trolley accident attorney now. We understand that you are injured, so we come to you. We also offer video, Zoom, or telephone consultations.