Railway Crossing AccidentsUpdated on Sunday 12th February 2017
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Railway crossing accidents lawsuits can only be successful if someone else was negligent and that negligence caused the accident. These areas are known to be dangerous and good conduct in traffic and as a passenger requires the individual to pay close attention to these spots.
You have the right to sue and claim compensations if you have been involved in a railway crossing accident and the best way to do this is to request the help of a Los Angeles personal injury attorney. The help of a lawyer is important in all personal injury lawsuits and it can prove to be especially important in railway crossing accidents, train accidents or train accident deaths.
Los Angeles has one of the most important railway stations in California and in the Western United States. If you are injured in a collision or an accident with a freight train or a passenger train you can request legal help for obtaining compensation for your physical injuries and the material damages resulted from the accident.
Negligence in a railway crossing accident
A lawyer representing you in a personal injury case that occurred at a railway crossing will have to determine the degree of negligence and how this was manifested and caused the harmful accident. There are a number of parties that can be blamed for this type of accident, starting with the company that manufactured the lights at the crossing or the company that manufactured the tracks or even the worker who might have been improperly trained to check for any issues that may appear. The lawyer will have to decide if this is a case where multiple defendants can be blamed.
Because railways have strict crossing regulation and the danger is often signaled by lights or special signs, the defendant might argue that the plaintiff was the one who was negligent by not observing the traffic or railway crossing regulations. While this may be true in some cases, a lawyer will help you settle your case depending on the percentage of fault both you and the defendant have. In California, this is known as the pure comparative negligence rule.
If you are a passenger in a car who was driven by a careless driver who did not stop at the railway crossing you may claim compensation for your injuries. One of our L.A. personal injury attorneys can help you negotiate with the driver and/or the transport company, if necessary.
The plaintiff can even be a passenger on the train that stopped abruptly and caused him or her to fall and sustain injuries, as opposed to only that car that can be involved in a vehicle accident at a railway crossing.
Depending on the particularities of your case, one of our Los Angeles personal injury attorneys can help you build your case and decide how it’s best to argue the case. Consulting with a personal injury lawyer is always a very good first step before deciding to take legal action. Our team is able to provide you with information based on the particularities of your case. We will not charge you before you obtain the final settlement from the defendant.
Because a railway crossing accident can involve multiple defendants, the lawyer has to look for ways in which to prove that those parties were negligent or they have breached their duty of care.
During the personal injury lawsuit, the lawyer will make more than one argument against the defendant, if necessary. He can argue that if was an equipment malfunctioning or even human error due to inadequate training.
It is important to remember that California has a statute of limitations of two years after which your case has little chances to be heard by a judge.
Contact our Los Angeles personal injury attorneys if you need help or representation in an accident claim.