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Fresno Train Accident Lawyer
Amtrak’s San Joaquin trains provide a crucial link between Fresno and other California cities. Fresno’s trains provide daily commuter routes and city bus connections through California’s Department of Transportation. Many Fresno residents and visitors rely on trains to reach their destinations. The vast majority of rides end without incident, but it only takes one train accident to cause life-altering physical and emotional trauma to an injury victim, often leading to financial hardship. When this happens, our Fresno train accident attorney is here to help.
What Causes Train Accidents?
Most train accidents result from human error and acts of negligence or recklessness. There are many components of every train journey that have to function flawlessly to prevent an accident. Common causes of train accidents include the following:
- Unprotected railroad crossings
- Defects or debris on the tracks
- Mechanical failures
- Signal failures
- Train speeds that are too fast for track or weather conditions
- Inadequate communication or faulty communication equipment
- Vehicles stalled or stopped on railroad crossings
- Unbalanced cargo
- Pedestrians on the tracks
Train systems like those in Fresno have high safety standards, but when one or more parties fail to adhere to the standards, or a driver or pedestrian acts negligently while navigating railroad crossings, the results can be disastrous. Our accident lawyer can hold any negligent parties accountable.
How Do I Recover Compensation After a Fresno Train Accident?
Unlike a car accident claim, when the insurance companies point their fingers at the other driver, there is no question of a train accident victim contributing to fault under California’s comparison negligence insurance system. Passengers are always blameless victims. Instead, the challenge of a successful train accident claim is determining the cause of the accident and identifying the liable party. Liability could rest with the train operator, Amtrak, California’s Department of Transportation, the manufacturer of a defective part or equipment, a negligent train maintenance company, a negligent freight loader, or a reckless motorist or pedestrian.
Proving the defendant’s liability requires documenting evidence showing that the at-fault party owed a duty of care to take reasonable actions to prevent injuries, they breached this duty through negligence, their breach of duty directly caused the train accident and injuries, and the injury victim suffered damages from the injury.
What Damages Can I Recover in a Compensation Claim After a Train Accident?
Train accident injuries range from mild and inconvenient with a few medical bills and one or two missed paychecks, to severe and life-altering. Traumatic brain injuries, fractures, burns, lacerations, spinal cord damage, and other injuries can send a victim’s life spinning off-course. A successful claim against the party at fault for the accident brings compensation for damages like medical expenses, lost wages, diminished future earning capacity, and pain and suffering. In some cases, other non-economic damages apply like loss of enjoyment of life, PTSD, or disfigurement compensation. If a close family member died in a train accident, a wrongful death claim brings additional compensation for funeral expenses and years of lost income if the deceased loved one was a family provider.
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How a Fresno Train Accident Attorney Can Help
A successful train accident claim requires specialized knowledge and experience in claims against major transportation organizations and government entities. An attorney will represent your rights and best interests throughout the investigation, compiling evidence, calculating your damages, and presenting a demand letter to the appropriate insurance company. Then, an experienced attorney negotiates from a position of power with the insurance company.
Most train accident claims are resolved through out-of-court settlements, but if an insurance company undervalues or disputes your claim, the Fresno personal injury lawyers from Roberts & Spiegel are more than ready to litigate your case in court, seeking a large jury award.
Contact Roberts & Spiegel injury lawyers for a free confidential evaluation of your train accident case.