Train Accident Attorney in San Diego, CA
Train accidents often cause serious injuries and damage. If you or a loved one sustains injuries because of a train accident, you may have the ability to recover compensation through liable engineers and other parties with a claim or lawsuit.
An experienced train accident lawyer in San Diego may be able to represent you and build a case. The legal team at Rawlins Law has many years of experience handling vehicle accident cases, including those involving trains.
Following a train accident, our attorneys may be able to represent you and work to recover full compensation from negligent parties.
San Diego Train Accident Guide
- Train Accident Compensation
- Why Train Accidents Occur in San Diego
- The Different Types of Train Accidents and Injuries
- Negotiating Train Accident Claims With Insurance Companies
- Steps to Take After a Train Accident in San Diego
- Speak With a Reputable Train Accident Attorney in San Diego
Why Hire the Attorneys at Rawlins Law?
The attorneys here at Rawlins Law have many years of collective experience handling various accident cases, including train accidents.
We have worked with many clients to recover the compensation they deserve, and our case results back our reputation.
We’ve recovered millions of dollars for our clients in case results, both from negotiated settlements and, when dealing with unreasonable insurance companies, court verdicts.
Rawlins Law has become one of San Diego’s leading law firms, with Ashley Rae Rawlins receiving accolades from Super Lawyers as the top award-winning female personal injury lawyer in San Diego.
To provide the best services for each client, we personalize representation based on each client’s unique requirements. We also have conveniently located offices in and around San Diego, and we can meet our clients virtually if they cannot visit us physically. Regardless of the location of the initial accident, we may be able to represent you.
When you connect with the lawyers at Rawlins Law, you’ll have the chance to focus on getting better and spending time with your family while we work on your case.
Get in touch with our attorneys and schedule a free consultation today to determine how we can help you.
Train Accident Compensation
After a train accident occurs, you may be able to recover compensation from the parties responsible for the accident through a claim or lawsuit. Liable parties in these types of accidents could include engineers operating the train at the time of the accident, other drivers, mechanics responsible for inadequate maintenance, and others.
The amount of compensation you’re able to recover will depend on several key factors involved in your case, including the extent of the injuries and other damages, along with the degree of liability of all parties involved. You may also be able to recover different types of damages in train accident cases, including economic, non-economic, and punitive damages.
Knowing the differences between these damages can help you better understand the kind of compensation you may recover in your case.
Economic Damages
One of the main types of damages in accident cases is economic, which is easy to quantify by calculating the direct costs associated with the case.
These damages, also known as special damages, may include:
- Medical bills for treatment after the accident
- Prescriptions
- Physical therapy and rehabilitation
- Lost income and earning potential
- Vehicle damage and other types of property damage
- Adjustments and modifications made to your home or vehicle to accommodate a disability
Non-Economic Damages
These cases also frequently involve non-economic damages, also known as general damages. These are less tangible and apply to the pain and suffering victims experience after an accident. They’re harder to calculate than economic damages, but attorneys can use their experience to quantify them in addition to economic damages.
Here are some examples of non-economic damages in train accident cases:
- Physical pain
- Psychological anguish and distress
- Disfigurement
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life and daily activities
- Loss of consortium
Punitive Damages
In rare instances, punitive damages may also apply to train accident cases. The court may award these if a defendant exhibited egregious behavior to cause an accident.
If you don’t know what damages factor into your case and potential settlement, the experienced train accident lawyers at Rawlins Law can help identify all relevant damages and calculate the total compensation your case is worth?. We can then help gather sufficient evidence to prove liability and work to recover full compensation for liable parties.
Why Do Train Accidents Occur in San Diego?
San Diego sees many types of accidents, including occasional train accidents that lead to serious injuries and fatalities. There are many rail systems in and around San Diego that may experience different types of train accidents.
Some of the specific rail systems in San Diego include:
- The San Diego Trolley that transports people to many downtown locations
- The Old Town Trolley that often transports tourists across the city
- Amtrak trains that transport people in and out of San Diego through the Santa Fe Depot
- The North County Transit District’s COASTER trains connecting San Diego and Old Town to Encinitas, Oceanside, and other locations north of the city
- The SPRINTER light-rail system that connects the towns of Escondido, Oceanside, Vista, and San Marcos
Trains can strike pedestrians and vehicles—including cars, trucks, motorcycles, and bicycles. Crashes can also injure passengers.
Following a train accident, victims only have a limited time to file a claim or lawsuit and recover compensation. This limit is the statute of limitations, which differs in each state.
In California, the statute of limitations for accidents, including train and other vehicle accidents, is two years after the date of the accident. This means that you have two years to file a case before you’re unable to recover compensation. While two years may seem like ample time, the claims and legal process can take over a year to complete, and the longer you wait to file, the more you could compromise your case.
Over the years, Rawlins Law has handled a wide range of cases. We know the complexities that are often involved in train accidents and what it takes to recover compensation from liable parties in these cases.
The Different Types of Train Accidents and Injuries
Various types of train accidents can occur in San Diego.
Some of the most common types of train accidents include:
- Negligence. Different parties’ negligence could contribute to an accident, including negligence on the part of railroad employees, conductors, railway companies, or government agencies.
- Human error. Train accidents may occur if a railway employee doesn’t have the proper training or experience, leading to accidents resulting from human error. Fatigue could also cause conductors and others to make mistakes and cause an accident while operating a train.
- Mechanical failure. Parts of a train could malfunction due to defective designs or inadequate maintenance, causing accidents in the process.
- Derailments. Trains sometimes run off their tracks for numerous reasons, causing the train to collide with traffic, pedestrians, or property that is adjacent to the track.
- Speeding trains. If a train is traveling too fast, it could fail to slow down and stop in time when approaching obstructions on the track, or it may derail if it gains too much momentum and makes a turn.
- Defective tracks. Train accidents may happen if tracks feature poor construction or if any objects are on them that the conductor fails to notice in time.
- Reckless drivers and pedestrians. Pedestrians and motorists may be liable in train accidents if they cross train tracks at the wrong time or otherwise fail to yield to trains.
Some injuries that may result from these and other types of train accidents include:
- Brain injuries, including traumatic brain injuries (TBIs) that result in permanent damage
- Crushed or fractured bones
- Amputations
- Internal injuries
- Burns
- Spinal cord injuries
Negotiating Train Accident Claims With Insurance Companies
After any kind of train accident involving serious injuries or wrongful death, you may want to file a claim with insurance companies against the conductor or another liable party. Insurance adjusters may appear to be sympathetic during negotiations in these and other cases, but the fact is that they’re working for insurance companies that want to avoid paying out large sums of money. These companies work to find any reason to minimize compensation or deny claims entirely.
During negotiations, an insurer may also make an offer that seems high, but it may still be lower than the amount you’re actually entitled to receive. A train accident lawyer in San Diego may be able to determine how much compensation you deserve and continue negotiating past that initial offer from insurers.
Another benefit of working with a train accident lawyer is the ability to handle negotiations more efficiently. Claimants may say the wrong thing or perform another action that limits their ability to recover compensation or leads to a denial. Attorneys can help you avoid these mistakes and enable you to focus on making a full medical recovery.
The attorneys at Rawlins Law have the experience and resources required to help you negotiate with insurance companies after a train accident. We work to get our clients the compensation they deserve with every case we handle.
Steps to Take After a Train Accident in San Diego
If a train accident occurs in San Diego and you wish to recover compensation from liable parties, there are steps to take that will help strengthen your case. After seeking medical treatment and generating early medical records that support your case, take the following steps to successfully file a claim or lawsuit.
Gather Plenty of Evidence
One major step to take is to collect enough evidence to support a train accident claim or lawsuit, which could include:
- Photos and video footage of injuries and the accident scene
- Statements from witnesses, who could include pedestrians and motorists along with train passengers
- Damaged property, including vehicles that the train damaged
- Train event recorders that keep track of crash data and other information
- Police reports
- Medical records
- 911 calls
- Vehicle maintenance records
- Records of lost income
If you experienced any pain and suffering after an accident, you could also prove this with the help of a pain journal. In this journal, be sure to document your recovery progress and any physical or psychological distress you experience. This could help recover compensation for non-economic damages in your case.
If you don’t have access to or are otherwise unable to get the evidence you need to build your case, a train accident lawyer may be able to assist with this. Your attorney would be able to speak to witnesses, obtain police reports, and collect other evidence that’s crucial to succeed with your case.
Follow Your Doctor’s Advice
After seeing a physician for treatment, make sure you adhere to your treatment plan. Neglecting to make appointments, taking prescribed medications, or taking other steps toward recovery could indicate to insurers that your injuries aren’t serious. As a result, insurance companies may deny your claim or minimize the amount of compensation you receive in a settlement.
Avoid Posting on Social Media
While you recover and negotiate with insurers, don’t post on social media. Saying the wrong thing or posting an image that contradicts your claims could lead to a claim denial. Insurance companies will likely investigate you when negotiating a settlement, which could entail looking at your social media profiles.
Retain Copies of Receipts
Make sure you have copies of receipts for all medical bills, repair expenses, and other costs associated with your train accident case, which will further help prove the damages sustained.
Once you have the evidence and other documentation you need, bring it to the lawyers at Rawlins Law. We may also be able to help obtain any documentation you’re unable to acquire on your own.
Speak With a Reputable Train Accident Attorney in San Diego
If you or a loved one suffer injuries or wrongful death due to a San Diego train accident, speak with our attorney to discuss a potential case. The San Diego train accident lawyers here at Rawlins Law can assess your case and determine your options.
For your free consultation with one of our San Diego train accident attorneys, call our offices at (858) 529-5872 or contact us online.
