Californian trains transport people and freight around the Golden State, but they are not as safe as many people imagine. Indeed, federal statistics showed that roughly 5,000 train accidents happen in 2021. These accidents injure thousands of people, some of whom might be motorists on the road struck by a train.
When injuries are catastrophic, accident victims need a seasoned Roseville train accident lawyer by their side to negotiate a settlement. Train companies are closely regulated by the federal and state governments, but some companies are lax with maintenance and hiring. Give The Law Office of Brian P. Azemika a call to schedule a time to meet.
Why Train Accidents are So Dangerous
Modern trains are incredibly heavy, even without cargo or passengers on board. A typical freight train weighs at least 4,000 tons—and can even weigh five times as much.
Once in motion, trains are notoriously difficult to stop. In fact, conductors cannot stop on a dime but instead need quite a bit of time to bring a train to a standstill. Unfortunately, conductors are often surprised by something on the tracks, which makes avoiding a collision impossible.
Train accidents come in different shapes and sizes. Our law firm has experience with the following types of accidents:
- A train crashes into motor vehicles
- A train strikes a pedestrian
- A train derails from the tracks
- Two trains collide with each other
- A train accident causes a wrongful death
Liability for Roseville Train Accidents
Based on our experience, many different people or entities could be to blame for the accident which injured you. No two accidents are exactly the same, so we bring a fresh perspective to each case we handle. We always ask the question, “Who is responsible for our client’s injuries?” And when we answer that question, we have identified the correct person or entity to sue.
In our experience, the following entities could be responsible for the crash:
- The owner of the tracks. If tracks fall into disrepair, it is easy for a train to derail. Typically, the government is responsible for keeping train tracks safe, but some private companies might own the tracks.
- The train owner. Again, this could be a private or public entity, depending on the train. Train companies must carefully hire and train employees and ensure their trains are in a safe condition. In fact, the law imposes a high duty of care on train operators as common carriers to ensure that their passengers are kept safe.
- The train manufacturer. Sometimes a defect on the train leads to a crash, and the law holds manufacturers liable for putting a dangerous product into the stream of commerce. The liable entity could be the manufacturer of the train or the company that makes a component part.
- Another motorist. Someone who rear-ends you could push you into the way of an oncoming train. This motorist would bear liability for your injuries if they were driving negligently or aggressively.
Amtrak and other train companies aggressively fight against claims. Often, they try to push responsibility for the wreck onto the shoulders of the injured victim. They employ investigators, experts, and law firms to reduce their liability.
If you were injured, you need a team in your corner as well. Let Brian P. Azemika begin representing you and fight for compensation.
Suing a Train Company is Complicated
Unfortunately, obtaining compensation for a train accident is not as simple as getting a claim paid when you are hit by a negligent motorist. Train companies are often slower to make an offer of compensation, and sometimes you must sue the government.
There are key deadlines to pay attention to as well. If you were hit by a government-run train, like the Sacramento RT Light Rail, then you will need to bring a claim against the Sacramento Regional Transit District. You will need to file a timely claim with them before you can ever go into court to file a lawsuit.
Evidence is often difficult to obtain. Some train companies refuse to hand over key documents to help an injured victim with a claim. Let our seasoned Roseville train accident attorney obtain the evidence necessary to obtain compensation.
We Help Roseville Train Accident Victims
A train collision can lead to expensive medical care and lost income. We will gladly represent you in negotiations with the government or a private railroad company. The Law Office of Brian P. Azemika believes in treating clients like family. Let us get to know how the accident has shaped your life. Call us today to schedule a free consultation.
Brian Azemika fought for me when others thought my case was a lost cause. Brian Azemika took over my case with only a few weeks to prepare prior to trial. His knowledge and expertise showed in how he prepared me for my testimony at trial. He also had a great presence in the courtroom and really connected with the jury during the entire trial. He did such a great job in the eyes of the jury that many of them approached him after the trial and asked him for his business card. Thanks to Mr. Azemika, the jury returned a verdict for $400,000.00, which was amazing since the settlement offer from the insurance company was for only $45,000.00 on the first day of trial. I am so glad that Brian Azemika was my trial attorney.