Metrolink Train Accident Law Firm California Attorneys

San Francisco Injury Lawyers > Train Accidents

Thousands of people ride trains and commuter light rail systems every day. Every year nearly a thousand passengers are seriously injured or killed in collisions involving trains. When two trains collide, devastation usually results. Thousands of non-passengers are also injured or killed by trains each year, most of them at railroad crossings.

Different sets of laws apply to passengers and non-passengers. Trains or light rail systems that carry passengers for money are considered "common carriers." As such, they owe the highest degree of care to their passengers to ensure their safety, and are liable to passengers for injuries or death even if they are the slightest bit careless ("negligent"). The definition of a "passenger" includes persons who are in the process of getting on or off the train. A person becomes a passenger when he or she shows an intent to board the train and is on the boarding platform. A person remains a passenger until he or she has gotten completely off the train in a relatively safe space.

Under the rules that apply to common carriers, when a passenger is injured or killed, there is an inference that the train's owner and/or operator was negligent in operating the train, or that the owner/operator of the train was negligent in seeing that the train was safe and in proper working condition. The burden of proof is then switched to the train owner/operator to prove that someone else was liable for the passenger's injuries or that the owner/operator took all reasonable steps to protect its passengers from injury or death.

Over 95% of all accidents involving trains and light rail happen at railroad crossings. California ranks number five in the nation for railroad crossing accidents and number three in railroad crossing fatalities. Nationwide a train collides with a vehicle or pedestrian every two hours, usually with disastrous, often fatal results. The train company and employees have a duty to the general pubic to conduct their business so as not to put others at an unreasonable risk of harm ("ordinary negligence").

The cause of the collision between a train and a motor vehicle may be due to a defective crossing gate that does not come down, inoperative warning lights and bells, or the failure to place or maintain a railroad crossing sign to warn motorists of the potential danger ahead. Other causes of railroad crossing accidents include the failure of the train conductor or engineer to sound the train's warning siren to alert motorists and pedestrians of the impending danger, the train traveling too fast for the area, or the train having mechanical problems, such as faulty brakes.

If you or a loved one has been injured or killed by a publicly owned and/or operated light railway system, you need to be aware that a claim for damages must be filed with the appropriate government office within six months of the accident or you may lose the right to sue the city, county, or state for your injuries or the death of your loved one. This requirement applies both to passengers and to non-passengers alike.

San Francisco Injury Lawyers > Train Accidents

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