Have you or someone you know been injured in a San Diego train accident? If so, you may be able to recover financial compensation for your injuries. The money you recover can help you during this difficult time in your life and allow you to focus on getting better. Hiring an attorney to handle your personal injury claim will increase the chances of maximizing the compensation you receive.
Call Injury Trial Lawyers, APC today to set up a free consultation to learn more. San Diego personal injury lawyer Richard Morse III review your case, determine liability, and answer any questions you have.
- 1 Train Accidents in San Diego
- 2 Why Should I File a Train Accident Claim?
- 3 Time Limits For Filing a Train Accident Injury Claim
- 4 What Should I Do After a Train Accident?
- 5 Why Should I Hire an Attorney?
- 6 San Diego Train Accident Attorneys
Train Accidents in San Diego
San Diego is a popular metropolitan area, and traveling by train is a popular choice for commuters and visitors. The Coaster, San Diego Trolley, Sprinter, and Amtrak all help tens of thousands of people travel in and around San Diego each day. While train accidents do not occur every day, they have devastating consequences when they do occur.
Train Accident Injuries
Victims of train accidents are at an increased risk of suffering life-changing injuries and death. In 2013, more than 700 people were injured and another 119 were killed in California train accidents. The size and weight of a train, combined with high speeds of travel, often mean that injuries suffered in a crash are catastrophic. Some commonly reported train accident injuries include traumatic brain injury, burns, loss of limbs, paraplegia, internal organ damage, and paralysis. In many cases, train accidents can also be deadly, leaving families to grieve the unexpected loss of a loved one.
Causes of Train Accidents
Why do train accidents happen? Many times, people are quick to blame the train’s conductor. While a train conductor’s negligence can result in a train accident, there are a variety of potentially-responsible parties. Train accidents can occur for any number of reasons and be caused by a wide range of people. Potentially liable parties for a train accident can include train employees, train companies, train manufacturers, the government, drivers of vehicles on the road, and pedestrians. Commonly reported causes of train accidents include:
- Driving a car or operating a train under the influence of drugs or alcohol
- Faulty or defective equipment
- Inadequate training
- Limited visibility
- Signal issues
- Railroad track issues, and
Why Should I File a Train Accident Claim?
If you have been injured in a train accident you have likely sustained serious and life-changing injuries. Catastrophic injuries often generate extraordinarily medical bills, often exceeding a victim’s ability to pay for necessary medical treatment. These injuries may also force you to miss time at work, costing you give up much-needed income. This will only make a difficult situation worse. Fortunately, San Diego accident victims have the option of pursuing compensation by filing a personal injury claim for damages.
The compensation you receive from your personal injury claim will help to cover the costs and harms imposed by your train accident, including:
- Medical expenses, including surgery, medication, and doctor’s fees;
- Nursing care;
- Lost wages;
- Pain and suffering;
- Loss of enjoyment of life; and more.
If you have been injured in a San Diego train accident do not hesitate to call Injury Trial Lawyers, APC for help. We will make sure that you are fairly compensated for your train accident injuries.
Time Limits For Filing a Train Accident Injury Claim
A clock begins to run the moment your San Diego train accident occurs. This clock, which is known as the statute of limitations, only runs for a limited amount of time. If the clock expires and you have not filed a claim you will not be able to recover the compensation you need. In most cases, you will have two years from the date of your train accident to file a claim. There are certain situations that may warrant an extension of the statute of limitations. For example, if there is a reasonable delay in the discovery of your injuries or if you were a minor at the time of the accident, the statute of limitations can be extended.
If you believe that the city of San Diego or San Diego County is responsible for your train accident you can name the government as a defendant in your claim. However, the process for getting money from the government, rather than a citizen or company, is slightly different. You must file an administrative claim with the government within six months of your train accident. The government must respond to your claim within 45 days. In most cases, they will deny your claim. When this happens, you will have six months to file a civil claim against the government in court.
What Should I Do After a Train Accident?
If you are involved in a train accident there are a few steps you can take that will help to support any future claims you file.
Move Away From the Scene. Move away from the scene of the accident if you can. Train accidents can be dangerous, even after a crash or collision has occurred. Move a safe distance away from the crash to ensure that you do not suffer any further injuries.
Visit a Doctor. If you have not been taken to the hospital by an ambulance you still need to get checked out. This is true even if you don’t think that you’ve suffered any serious injuries. Seeing a doctor right away will help to rule out any internal injuries that could pose a threat to your health in the future. This doctor’s report will be useful in establishing that your injuries were caused by the accident.
Get a Copy of the Police Report. A police and/or accident report will document important details that are likely to be forgotten in the days, weeks, and months after your accident. This will be important for your attorney as we build your claim.
Don’t Negotiate On Your Own. Insurance companies will do anything in their power to limit the payout you receive after an accident. They will even try to manipulate this stressful situation and get you to say something that could be used to deny any claims you submit. These insurance companies are represented by skilled attorneys who know how to take advantage of a tough situation. Hiring an attorney of your own will take away any advantage the insurance company once had.
Call a Lawyer. Train accident claims can be complicated. They often involve multiple parties and require specific knowledge about state and local laws. As personal injury attorneys, we are well-equipped to help you after your train accident. Call Injury Trial Lawyers, APC today if you want to make sure that you get the most out of your personal injury claim for damages.
Why Should I Hire an Attorney?
Train accidents can impose life-changing injuries and cause an incredible amount of stress. Your attention and energy should be intently focused on your physical, mental, and emotional recovery. Hiring an attorney to handle your claim will allow you to focus on yourself, rather than a complex legal process. Our team has the education, experience, and skills that are required to file a successful claim. We know which California and San Diego laws will apply to your case and the local procedures that must be followed. We have established a tried-and-true process that has allowed us to help thousands of injured clients in the San Diego area over the past 13 years.
Your case will begin your case with a one-on-one meeting with one of our San Diego train accident attorneys. During this meeting, we will ask you to tell us about your train accident and injuries. We will as a series of questions that are designed to help us get a better understanding of your case. It is important to include as many details as possible in your answer.
An investigation will allow us to better understand what caused your accident and who can be held responsible. During this investigation, we may:
- Find and interview witnesses;
- Review accident reports, photographs, and medical reports;
- Speak with expert witnesses; and
- Conduct in-depth legal research into relevant cases and law.
Determination of Liability
Our investigation will allow us to determine who can be held financially responsible for your train accident injuries. In California, multiple parties can be named as defendants in a personal injury lawsuit. When more than one defendant is named, each is responsible for a portion of the damages. Each defendant’s liability is directly linked to the degree of fault they are attributed for the accident.
Negotiation and Litigation
We will take our legal argument directly to the at-fault party and/or their insurance company and begin to negotiate a fair settlement in your case. We will highlight any information that will maximize the compensation you receive. You will have the ability to accept or deny any offer you receive. If you are not satisfied with the offers you are given we will take your case to court. We thrive in front of a jury and are confident that we can recover the compensation you need and deserve after your accident.
San Diego Train Accident Attorneys
Have you or someone you know been injured in a San Diego train accident? You may be entitled to financial compensation from the person (or people) responsible for the accident. You may even be able to recover compensation if you were partly at-fault for the accident. Contact San Diego train accident attorney Richard Morse today to find out how we can get you the money you need to recover from your train accident injuries.
We offer our legal services on a contingency-fee basis, which means that you can focus your resources on your own personal recovery. You will not have to worry about legal fees until we successfully recover compensation in your case. Call us today to set up your free consultation.