California Train or Trolley Accident Attorneys in San Diego
If you or a loved one has been injured in an accident involving a trolley or train, (either Amtrak, Metrolink, or Caltrain) speak with an attorney as soon as possible.
Because even the best memories fade, witnesses can become unavailable, and evidence can be lost, speaking with an attorney sooner than later can protect your rights and make a huge difference in the outcome of your case. In many instances there are video tapes Our office can send the proper department a ‘spoilation’ letter which puts the entity on notice to preserve evidence Consultations are FREE and with our decades of experience, we can let you know your legal rights and options as soon as possible. If you call us, you can either come meet with us in our office, or we can come see you. Whichever is easiest for you. Call the Law Offices of Gregory A. Montegna at (619) 691-1500.
Special rules for Government claims.
Shorter statutes of limitations when the Government is a defendant (i.e. – deadlines to file notices and claims): When the Government is a defendant, there are special rules regarding serving “administrative claims” (generally, a notice of a potential lawsuit); what the Government’s duties are regarding that administrative claim; when that administrative claim is deemed constructively denied if not actually denied, and the deadline for filing a lawsuit in court against the Government after the claim is actually or constructively denied. Although there are few exceptions (covered in California Government Code §905 and California Government Code §911.2) missing a deadline or not correctly understanding an exception to missing a deadline can be fatal to your case. If you have questions, call the Law Offices of Gregory A. Montegna at (619) 691-1500.
Special FORMS to be used with Government claims: Additionally, when the Government is a defendant, there are special forms that must be used instead of the usual Civil case forms.
Each year there are over 10,000 train accidents which cause hundreds of deaths and thousands of injuries every year in the United States. Just a few causes of these injuries include (but are not limited to):
- The operator (Train or Trolley) was distracted and either failed to do something s/he was supposed to do, or did something s/he should not have done
- Confusing or missing signals at road crossings over rail lines
- Train or Trolley crash
- Train or Trolley derailment
- Train or Trolley accident involving a motor vehicle
- Automobile stalls or is was left purposely on the railroad tracks
- Train accidents involving passenger vehicles
- Train accidents involving pedestrians
- Train accidents involving equipment malfunctions
- Train accident involving multiple trains
- Train accident resulting in the death of someone
Many of these tragic accidents could have been prevented. If you or someone you care about was severely injured in a train accident involving Metrolink, Amtrack, Caltrain, or another rail system, call the train accident attorneys at the Law Offices of Gregory A. Montegna at (619) 691-1500 so we can answer your questions sooner than later and give your situation the best chance for an optimal outcome.
Who Can Be Sued After a Train Accident in California?
Any party who’s conduct fell below the minimum standard of care owed to you, which foreseeably resulted in damages and/or injuries to you can be named in the suit. Such potential defendants can include (but not be limited to):
- The company(s) that own the train/trolley
- The company(s) that had the duty of maintaining the rail car(s), train(s), and/or equipment
- The employer who hired the employee(s) without necessary qualifications
- The employer who failed to provide training or supervision to the employee(s) at fault
- Company(s) that manufactured the train/trolley parts which were defective and failed to perform as the part(s) should have
- Drivers of other vehicles that left a vehicle on the tracks that caused a collision resulting in injuries/damages
What Damages Might Be Recoverable in a California Train Accident Case?
When a person is injured in an accident involving a train or trolley, the victim (your or your loved one) can suffer multiple types of injuries including damage to the person’s ‘personal property’ as well as damage/injury to his/her ‘person’ (i.e. – ‘personal’ injury) which could include disability or disfigurement, loss of enjoyment of life, and loss of consortium.
When a person is injured, s/he may not only incur medical/healthcare expenses (such as visits to ERs, Urgent-Care, or visits to the Doctors), but s/he may also miss work (i.e. – ‘economic’ damages as a result of being injured). The injured party may also miss future work as a result, and that missed past and future income also needs to be compensated for. Along with being compensated for any lost income, as well as your medical expenses, you should be compensated for the pain & suffering you had to (and will have to) endure as a result of being injured.
What to Do After a Train or Trolley Accident in California.
What you do (or don’t do), and what you say (or don’t say) immediately after being injured in a train or trolley accident can have major impact on your case. Many people/partys will speak with you and will want to speak with you. You may be interviewed by Government agents such as police officers, investigators, detectives, and other people that will want to speak with you such as insurance adjusters, family members and others. Some of these conversations may be recorded, either with or without your consent. Speaking with an attorney sooner than later can help make sure you do not make a mistake and say or do something that is fatal to your case. In addition, here are a few other tips:
- Start a diary of events, injuries, pain and suffering. Keep an account of what happened
- Do not make any posts on any social media sites
- Keep a record of people that could be witnesses and their contact info if you know it
- Keep or take photos of the scene
- Do not speak with any representative from any insurance company (this includes your own)
- Visit an Emergency Room or Urgent Care as soon as you are able
- Visit an/your Doctor as soon as you are able and follow his/her treatment instructions
Your actions in the days and weeks following the event will be crucial in the outcome of your case.
Free Consultation and Case Review, and there are no attorney’s fees unless we win your case.
Call the Law Offices of Gregory A. Montegna at your earliest convenience. We can answer your questions and give you an idea of the value of your case. We can talk with you over the phone, or you are welcome to come into our office, or we can meet you and your family at a location that works for you.