Being involved in a train accident can have lasting impacts on the rest of your life. Fortunately, California tort law allows victims to seek legal recourse and recover damages for their losses. If you’ve been injured in a train accident, a Riverside train accident lawyer can evaluate your case and develop a legal strategy for getting the compensation you deserve.
At Gonzales Law Offices, we’re proud to offer a client-first approach that focuses on each of our client’s unique needs for their personal injury or wrongful death claims. We use our knowledge and experience to build strong claims and implement our negotiation and litigation techniques to help our clients secure proper damages. That said, we’re confident we can help you recover damages from your train accident so you can move forward with your life.
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Driving in California is already known for being risky due to the expansive roadways and year-round high traffic volume. However, this isn’t the only thing that makes driving in the state potentially dangerous. California has the highest number of railroad-related fatalities in the country.
Between 2016 and 2020, there were 852 railroad-related incidents in the state. In 2023, the state reported 38 railroad-related fatalities. Moreover, there were a total of 7 fatalities and 22 non-fatal accidents reported on or near railroads in Riverside County alone in 2024.
If you’re involved in a train accident, it’s important to act quickly to recover damages for your losses. A Riverside train accident lawyer can help you bolster your claim with solid evidence and legal strategies so you can get the most compensation after an accident.
Filing a personal injury claim is possible to do on your own, but you’re likely going to want to meet with an attorney. The filing process is simple, but the legal proceedings that you must go through in order to win your case can be a lot to handle on your own.
A Riverside train accident lawyer can conduct witness interviews, further investigate the incident, gather evidence, negotiate deals, and represent you in court. No matter what is involved in your case, you can count on our team to help you through it.
You must file a personal injury case in California within two years of the accident. Per California’s discovery rule, you may also be able to file within two years of when you reasonably could have known you were injured.
Additionally, if you’re filing against a public transit agency, you must file a Notice of Claim within six months of the accident.
California is a pure comparative fault state, which means your settlement amount is directly tied to your percentage of fault for the incident. That’s why it’s important to prove negligence and establish that the train company or organization was fully at fault for an incident. Otherwise, you risk being awarded less money due to your perceived fault in the incident.
Helpful evidence to present to establish fault in a train accident claim includes:
These types of evidence can help you prove that the train operator or an employee was negligent and that negligence led to your injuries.
A: To determine how to file a claim after a train accident, you must first identify the responsible party. If the accident involved a train from a private railway company, you likely must file a claim through their company and proceed to trial if it’s unresolved.
If the accident involved a public transportation system like Caltrans, you can expect to file with that agency. If you’re filing against a government entity, you must submit a Notice of Claim within six months.
A: Your settlement amount ultimately comes down to how fault is established for an incident. Since Riverside, California is a pure comparative fault state, any party involved in the accident can recover damages even if they’re found partially at fault. How much fault is assigned correlates with the settlement amount.
Your total compensation can also vary depending on the circumstances surrounding the incident. For instance, the severity of your injuries can determine how much the other party may owe you.
A: It’s important to try to remain calm and gather as much information as possible after a train accident. Immediately after an accident, ensure everyone is out of immediate danger and seek medical attention right away if necessary.
Be sure you exchange information with any involved parties and get contacts from any witnesses, if possible, too. Once the police are called to the scene, be sure to give a statement and get a copy of the report, too.
A: The cost of working with a Riverside train accident lawyer can vary depending on their experience and the complexity of your case. For example, an attorney is likely to charge less for a straightforward claim that is settled through negotiations than for a complex case that leads to litigation. Many personal injury lawyers charge a contingency fee, so they’re paid through your settlement. This means you don’t pay anything upfront, and you don’t pay at all unless you win.
Train accidents are unexpected and often result in severe injuries or fatalities. If you were a victim of a train accident in California, it’s important to act quickly to exercise your right to seek compensation.
Our team at Gonzales Law Offices has over a decade of experience handling personal injury and wrongful death cases throughout California. If you’re ready to talk about your case in more detail, reach out to set up an appointment with a Riverside train accident lawyer today.