Although trains are among the safest modes of transportation, there are still some risks of train accidents. When rail transport operators or others fail to take reasonable measures to guarantee public safety, passengers, pedestrians, and drivers may sustain significant injuries, including wrongful death. If a railway accident has caused a wrongful death to your loved one, you may be entitled to compensation for your losses by filing a wrongful death lawsuit against the parties at fault.
Types of Railroad Accidents Causing Wrongful Death
Train accidents generally fall into one of four categories:
A train Strikes a Pedestrian
Most train-related fatalities occur when a person is struck by an approaching train while walking or crossing a railroad track.
A Train and an Automobile Collide
Roads cut through train tracks. Drivers may believe they can “beat” the train despite flashing signs. In other circumstances, a driver might stop their vehicle on the tracks while in a line of traffic or while waiting for a signal to change because they didn’t notice a train approaching.
While train collisions are highly uncommon, when they occur, the size and speed of each locomotive make them potentially fatal.
Derailments. When a train leaves the tracks, it derailments. Usually, one train car will pull another off the way, which may impact the whole train. Train passengers, employees, and tenants of surrounding structures could sustain injuries in a derailment.
A train derailment occurs when it leaves the tracks. The entire train could be affected if one rail car pulls others off the track. Train passengers, employees, and even those living in surrounding buildings might all be harmed by a derailment.
What Are the Main Reasons for Train Accidents?
The following are the most common reasons for rail accidents:
- Human mistake
- Equipment malfunction or flaw
- Loading with heavy or moving freight
- Failure of a signal or crossing
- Lack of traction
- Train tracks with obstacles
Who is Responsible for Train Accidents Causing Wrongful Death?
A train is a common carrier that transports people or goods from one location to another. As a form of public transportation, commuter trains, and railroad companies are responsible for keeping their passengers safe.
Several criteria may decide whether the railroad corporation was at blame if your loved one died in a train accident in California. Thus, the railroad company must adequately train all personnel, including conductors and engineers.
But other parties might have contributed to the accident, including:
- Track owner
- Train operator
- The driver of the car, etc.
California Wrongful Death Statute of Limitations
You only have two years to file a wrongful death claim under California law. Thus, if you miss this deadline, you might never again be eligible to receive financial compensation for the death of a loved one.
Recovery of Damages in a California Wrongful Death Case
According to California law, the decedent’s survivors may recover damages in a wrongful death case.
- If you are the decedent’s surviving family member, you can get compensation for the loss of the decedent’s assistance and services.
- The surviving spouses may claim lost financial assistance and services, loss of the deceased’s company and protection, and emotional pain and suffering.
- The surviving children may seek compensation for loss of support and services, mental anguish and suffering, and loss of parental company, instruction, and guidance.
- Parents might seek compensation for their mental suffering if the deceased were a child.
- The person who covered the final medical bills and burial expenditures can get compensation for such charges.
- The decedent’s estate may attempt to recover the lost wages the person would have accrued over his life.
Consult KAASS LAW Attorney Regarding Wrongful Death Case
A wrongful death settlement or financial award can assist families in finding closure and recovering financially after an unanticipated loss. However, no amount of money will ever replace a lost loved one. The competent lawyers at KAASS LAW can undoubtedly assist you in looking into your legal options if your loved one suffers in a negligence-related train accident. Make an appointment for an initial case consultation by contacting us right now. Call us at 310-933-5171 or visit our website for other practices.