What to Do After Being Injured in a Train Accident
Train accidents can be severe catastrophes that result in multiple injured victims, major injuries and fatalities. If you get hurt in an accident involving the LA Metro, an Amtrak train or another train in Southern California, it is important to know what steps to take next. Taking the right actions can help you protect your safety, well-being and legal rights.
Get Emergency Medical Care
According to the National Safety Council, railroad deaths are at their highest since 2007. In 2023 (the most recent year data is available), 995 people died in railroad-related accidents. This includes one train passenger death and seven employees killed on duty.
Train accidents often create emergency situations with multiple injured victims. High crash velocities and speeds, along with a lack of seat belts, can lead to severe injuries. It is critical to seek immediate medical care if you get hurt in a train accident. Even if you don’t think you’ve been injured, you may have hidden or delayed injuries.
Stay at the Scene to Collect Information
If you can, stay at the scene of the train accident to gather evidence and information. If you have serious injuries that require immediate medical attention, have a friend or family member gather information for you. You can also gain access to police reports later for this information.
Document the following for your own records:
- The train company name and train car number
- The name of the on-duty train conductor
- The names of other passengers, witnesses or employees
- Photographs of the crash scene, property damage and injuries
- Photographs of any train defects or hazards
- The police report number
Preserve any evidence or documentation related to the train accident, such as your train ticket, the clothing you were wearing and personal belongings that were damaged. After you seek medical help, keep copies of your hospital records and maintain an injury journal with notes on your daily pain and suffering.
Prepare for the Claims Process
You may have grounds to file a claim against the train company for its negligence or that of its employees in connection to the crash. During your injury claim, the train company and its insurance provider will not want you to maximize your financial recovery. Instead, they may try many tactics to convince you to settle for as little as possible.
Protect yourself during conversations with insurance claims adjusters by keeping the following “don’ts” in mind:
- Don’t make assumptions or speculate about fault for the train accident.
- Don’t say you aren’t injured or talk about your injuries until you’ve seen a doctor.
- Don’t give the insurance company a recorded statement.
- Don’t rush into the first settlement offered.
- Don’t sign anything until you’ve spoken to an attorney.
Keep in mind that a strict deadline will apply to your claim. Insurance claims in California must be filed as soon as possible (within 72 hours of the accident, in most cases). In addition, a two-year statute of limitations applies to all personal injury claims filed in California.
Consult With a Train Accident Attorney
You should always take advantage of a free consultation with a Los Angeles train accident attorney near you if you get injured in this type of crash. Train accident cases can be complex, with multiple injured parties and insurance companies that do not want what is best for you. An attorney can help you navigate the claims process while advocating for your rights and best interests. It is especially important to contact an attorney if you’ve suffered catastrophic injuries or a loved one died in a California train accident. Contact Rose, Klein & Marias, LLP for a free case review.