Although Los Angeles is not famous for its public transportation, Metrolink is the nation’s third-largest commuter rail system, with over 500 miles of routes. It carries about 450,000 passengers every week, usually safely and efficiently. However, with this volume, accidents are almost inevitable. These accidents can cause serious injury or death to hundreds of people. When you take the train, you are putting your life in the hands of an organization you trust to take good care of you. If you were injured or lost a loved one in a train accident, you deserve compensation because the organization didn’t live up to your trust. 

At Fisher & Talwar, we are dedicated to helping people in situations like yours get compensation to help pay medical bills or make up for lost income. We have earned millions of dollars for clients impacted by serious accidents, including train and Metrolink accidents. If you aren’t sure what to do after your accident, we offer free consultations. Ask questions. Get answers. There’s no cost or obligation. Contact us today to find out whether you can get compensation – and how much you might expect. 

What Is Your Train Accident Case Worth?

It’s impossible to give a specific value for any case without a detailed consultation. However, there are some things that you should understand that will influence the money you receive. 

Compensation Available in Amtrak and Metrolink Cases

If you were injured in a train accident, whether that train was operated by Amtrak or Metrolink, you are eligible to receive compensation for any expenses related to the accident. The goal of the law is that you should be fully restored by the person, people, and/or organizations that caused your injuries. This can include compensation for economic damages such as:

Medical bills, both current and future, including:

  • Hospital stays
  • Medication
  • Therapy
  • Medical equipment

Lost earnings, including:

  • Missed work
  • Diminished earning ability
  • Other lost earning opportunities

Additional expenses, such as:

  • Caregiver costs
  • Hiring help at home
  • Modifications to home and/or vehicle 

Economic damages are awarded based on your expenses related to the accident. This means partly collecting all your current receipts related to the accident, but it also depends on understanding how your injuries will progress and what amount of future care is expected in your case. This is one place where a train accident lawyer can make a big difference in the amount of money you receive. A train accident lawyer who has worked with other accident victims can infer from experience how your injuries and related expenses will develop in the future. 

You can also get compensation for noneconomic damages, such as:

  • Pain and suffering
  • Disability
  • Disfigurement
  • Diminished quality of life

Working with a skilled train accident lawyer can also help you get the noneconomic damages you deserve. By their nature, these injuries can be hard to translate into dollars and cents, but a skilled lawyer knows how to capture and express your suffering in ways that can lead to more compensation. 

In rare cases, you might also be eligible for punitive damages. These damages are applied when an accident is due to extreme negligence or deliberate misconduct by one or more parties. In these cases, the court wants to punish these parties to discourage them or others from acting in a similar fashion in the future. These types of damages are rare, and we can’t really count on getting it, in part because they are only awarded in court, and most train accident lawsuits are resolved outside of court.

Comparative Liability in California Law

Another factor that can influence your compensation in a train accident case is California’s comparative liability system. This system allows you to file a lawsuit even if you were partially responsible for your injuries. However, the compensation you can receive in a court verdict will be reduced by the degree to which you were responsible for the accident. 

For example, if the court decides that you were ⅓ responsible for your accident, the most you could receive in compensation is ⅔ of your actual damages. Strictly speaking, comparative liability is only relevant when your case goes to court. However, even before going to court, the other liable parties in an accident will consider this law when they are making settlement offers. 

This is why it’s very important to control what you say about your accident. Never give the impression that you were ignoring the crossing signal or trying to race the train to the crossing – this can make you seem responsible for your accident and significantly reduce your ability to get compensation. 

Who Can Be Held Liable for Your Train Accident?

The safe and efficient operation of the Metrolink and Amtrak train systems requires the work of many people, and if some of them don’t do their jobs properly, it can result in serious accidents. When accidents occur, everyone responsible can be held liable. This can include:

  • Metrolink or Amtrak
  • The train driver
  • A temp agency that supplied the driver
  • The train manufacturer
  • The maintenance company responsible for the train, rails, or crossing

As well as many others. The specific people or organizations that can be held responsible for your train accident will depend on the specific causes and circumstances of the accident. 

How Common Examples of Negligence Influence Who Is Liable

When we consider some of the most common causes of train accidents, it’s easy to see who might be held liable for the accident:

  • Human error is the leading cause of major train accidents. For example, the deadliest crash in Metrolink’s history, the 2008 accident in Chatsworth, was caused by a train driver who was texting and went through a red light, causing the passenger train to collide head-on with a freight train. When this happens, not only is the driver liable, but the driver’s employer bears responsibility. 
  • Mechanical failure causes many accidents, and when it does, it might mean that several different people and organizations can be held liable. The manufacturer of the train, as well as the manufacturers of the specific parts that failed, bear responsibility. In addition, the company that sold the train and the company that operated it are also responsible. 
  • Track defects are a leading cause of derailments. When a company operates a train system, it is important for them to inspect and maintain all tracks to ensure the tracks are suitable for train operation. 
  • Improper maintenance causes train accidents because poorly maintained train components are more likely to fail. When improper train maintenance causes an accident, the company or companies responsible for maintenance can be held liable. In addition, the manufacturer might be responsible if their recommended maintenance schedule is inadequate. 

When you talk to us about the circumstances of your train accident, we will start to investigate the situation to see who is likely responsible in your case.

Proving Liability in a Train Accident Case

In order to successfully win compensation for a train accident at trial, your train accident attorney must prove four elements of negligence:

  • Duty: First, an attorney must establish that the person you are making a claim against had a duty to care for your safety. It doesn’t mean that they had to take care of you, but they did have to factor your safety into their decision-making and actions. This is clear in most train accident cases: anyone manufacturing or operating a train has a duty to factor in the safety of the people on the train or sharing space with the trains.
  • Breach: Next, an attorney must establish that someone violated their duty, either by carelessness or through deliberate misconduct. This violation of duty must be tied directly to the accident. 
  • Causation: Then, an attorney must show that the accident caused you an injury. Often, defense attorneys will try to argue either that your injuries were pre-existing conditions or that you are exaggerating the level of your injury. An attorney must be prepared to document your injuries and show that they come from the train accident, not some previous situation. 
  • Damages: Finally, an attorney must prove that your injury resulted in real damages. These damages can be noneconomic damages like pain and suffering as well as economic damages related to lost wages, medical bills, and the like. 

These four elements of liability only strictly apply if your train accident case goes to trial, which most don’t. However, if you are seeking compensation from someone and their lawyers suspect that any aspect of your negligence case is lacking, they will not make good settlement offers. In order to get reasonable settlement offers, an attorney must have a case that they could take to trial if necessary. 

Why Choose Fisher & Talwar for Your Train Accident Case

When you are injured or lose a loved one in a train accident, there are many lawyers who will want to take your case. However, you need to be careful about who you choose to work with in order to get a lawyer who will have your best interests at heart and will work to avoid additional difficulty for you. At Fisher & Talwar, we offer several benefits that we believe make us an ideal choice for most people with a train or railroad injury accident case:

A Track Record of Success

At Fisher & Talwar, we have won millions of dollars for our clients in many types of accident cases, and we can build off our experience to pursue your train accident case. Check out our results page to see a rundown of our biggest cases, or give us a call to discuss our relevant experience and schedule a free initial consultation. 

Personal Attention

With many law firms, you don’t know who is going to handle your train accident case. However, at Fisher & Talwar, your case will always be handled by one of our partners. We never entrust your case to a junior attorney who you would not have chosen. We can do this because we are very selective of the cases we take. We will only take your case if we are convinced that we can get better results for you than you could get on your own or with another attorney. If we don’t think we are the best choice for you, we will tell you so.

No Win, No Fee

We take train accident cases on a contingency basis. That means that we only get paid if we are able to win money for you. Your family is already struggling with medical bills and reduced income. The last thing you need is another bill. We won’t give you a bill unless we win money to help pay the bills you already have. 

You Never Pay Our Expenses

When you talk to lawyers about your case, it’s important to understand that many lawyers handle fees and expenses differently. Although a lawyer may quote you a certain fee, they might also expect you to pay their expenses, which can seem like an additional charge when you win  your case. In some cases, they might expect you to pay their expenses even if they don’t win money for you. 

At Fisher & Talwar, the fee we quote you always includes our expenses. What you agree to pay us is what you pay – and you never pay unless we win money for you. 

Contact Us for a Free Consultation

If you were hurt or lost a loved one in a train accident, you might be unsure whether you can get compensation. That’s why Fisher & Talwar offers a free initial consultation. Get all your questions answered. Understand your options. You will pay nothing, and there’s no obligation. Plus, the consultation is confidential, so nobody has to know you had a consultation or what you asked. Schedule your free consultation today.

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