Who Is Held Liable in a Los Angeles Train Accident?
Every year, millions of people take advantage of the trains that move through the Los Angeles area for business and recreational purposes. While train transportation is generally safe, accidents can and do happen. If you get hurt in a Los Angeles train accident, it is important to know who can be held liable for your losses.
What Is Liability?
Liability refers to legal and financial responsibility for an accident and a victim’s injuries or losses. Determining liability for a train accident takes understanding the cause of the crash. Common causes seen by injury lawyers in Los Angeles include inadequate train and track maintenance, track defects and hazards, operator error, and violations of safety laws.
The Los Angeles County Metropolitan Transportation Authority
If evidence shows that the train company or one of its employees could have prevented the incident, the company can be held responsible. The Los Angeles Metro Rail covers a 1,433-square-mile service area around Los Angeles that is home to more than 10 million residents. The Metro has 107 stations throughout Southern California and six lines (two heavy, four light).
If a mistake made by the company or one of its employees causes a train accident, the LA County Metropolitan Transportation Authority (LACMTA) can be held accountable as the owner of the Metro. This is a government agency, so claims against it must abide by the stipulations of the California Tort Claims Act. This includes a short statute of limitations of just six months.
Metrolink
The Metrolink is another popular train option in the Los Angeles area. Metrolink trains are used for travel to hundreds of destinations in Southern California. Its fleet of locomotives has 546 total route miles.
As of 1992, Metrolink has been governed by the Southern California Regional Rail Authority (SCRRA). If a crash occurs on a Metrolink train, the SCRRA could potentially be held liable for failing to prevent it. Like LACMTA, SCRRA is a government agency.
Private Railroad Company
If a train accident occurs on a private rail charter in Los Angeles County, the private company could take responsibility for failing to ensure the safety of its trains, tracks, workers and passengers. In this case, a claim could possibly be brought against the private train organization’s insurance company for financial damages.
Maintenance Company
Train accidents are sometimes caused by maintenance issues, either with the locomotive or train track. Disasters such as train derailments, falling objects, and slip and fall accidents onboard can arise due to poor maintenance. This could make the team or company in charge of railway maintenance liable.
Train Part Manufacturer
The manufacturer or distributor of a train part could be held liable if the product failed, malfunctioned or contained a defect that led to an accident. If the train’s engine failed, for instance, the manufacturing company that created the engine could be held accountable through a product liability claim. These cases typically do not require evidence of negligence.
A Motorist or Pedestrian
Finally, if a motor vehicle driver or pedestrian caused the LA train accident by interfering with a running train, that individual could be held liable for related collision damages. An individual could be required to pay out of his or her insurance. Supplemental coverage may also be available through a third-party claim.
How to Prove Train Accident Liability in Los Angeles
Liability for a Los Angeles train accident is not always obvious. It can be difficult to determine who is at fault for your train accident, especially if you’re also dealing with serious injuries. Hiring an experienced local train accident attorney in Los Angeles can make it easier to identify the at-fault party, file your claim before the deadline and negotiate maximum financial compensation.An attorney can prove fault or negligence using compelling evidence, such as accident reports, black box information, company logs, employment documents, medical records, witness statements and expert testimony. Then, your lawyer can negotiate a fair settlement from an insurance provider using aggressive strategies or represent you in court in LA County, if necessary. Contact Rose, Klein & Marias, LLP to find out how our train accident lawyers can help you.