It is never a good day when there is news that a pedestrian got struck by a train. However, pedestrian train accidents are fairly common. Recently, a pedestrian became trapped under a Gold Line train in Pasadena, California – specifically at the Allen Station located at 395 North Allen Avenue. The incident occurred at approximately 3 a.m. The pedestrian suffered critical injuries.
According to preliminary investigations, the pedestrian fell off the platform at the train station; no information whatsoever points to foul play (specifically to the pedestrian being pushed off the platform).
Upon the arrival of firefighters to the scene of the incident, they identified the pedestrian trapped under the train. The pedestrian was still breathing.
The appropriate measures were taken prior to beginning rescue efforts – power to substations east and west of Allen Station were shut off, train cars were de-coupled, and high-voltage lines were all grounded. After taking these essential steps, firefighters began extricating the pedestrian from underneath the train. It took about twelve minutes to liberate the pedestrian.
The pedestrian suffered critical injuries and was transported to a local hospital for treatment; however, there has been no update on his condition.
The U.S. has over 180,000 miles of train tracks. Since 1997, there have been more than 7,000 pedestrian deaths in association with trains. Another 6,000 pedestrians have been injured in train accidents. The highest populated states, such as California, are associated with the highest number of train-related accidents as well as fatalities. In 2014, California had a total of 141 train accident deaths and many other injuries.
Pedestrians involved in train accidents typically lose their lives. The few who survive are left suffering critical injuries and uncertain futures. Regardless of the specific harm suffered as the outcome of a pedestrian train accident, some circumstances surrounding train accidents might make injured pedestrians and surviving family members eligible to pursue a claim and even recover monetary compensation – given that the harm suffered was caused by the negligent actions of a party or entity.
Were you or a member of your family harmed in a pedestrian train accident? If so, do not hesitate to seek legal assistance immediately. You can trust the experts at Normandie Law Firm. The personal injury lawyers at Normandie Law Firm have many years of experience handling all sorts of claims – including some of the most traumatic accident claims. Our lawyers are dedicated to representing all affected parties, including victims and their families, and guiding them towards a successful claim outcome.
If you are thinking about the possibility of filing a pedestrian train accident claim, you should seek legal assistance immediately. You can trust the lawyers at our law firm to provide you with the information that you need to learn more about your right to sue for the harm that you or a member of your family suffered. If you are ready to discuss your claim with our lawyers, contact us today.
Common Causes Behind Pedestrian Train Accidents
Why do pedestrian train accidents happen? There is no doubt that pedestrian train accidents are some of the most traumatic accidents that could be suffered. These accidents are more common than they should be. But, why do they keep happening?
Some of the most common causes of pedestrian train accidents include the following:
- Pedestrians entering train stations under the influence of drugs or alcohol
- Pedestrians fall off platforms and onto the tracks, unable to get back onto the platform before the train passes
- Pedestrians recklessly walking on train tracks
- Pedestrians slipping or tripping due to hazards at train stations that causes them to fall onto tracks
- Pedestrians waiting at train stations standing too close to the edge of the platform
- Mechanical failures that prevent trains from stopping
- Poor fencing at train stations to keep pedestrians away at key points (designated crosswalks) while the train is passing
- Lack of or defective warning systems at railroad crossings (lights don’t flash, barriers don’t come down, etc.)
- Train conductor error (failing to apply the brakes, approaching stations at an unsafe speed)
- Train derailments
- Pedestrians being intentionally pushed onto train tracks while train is approaching
Although it is easy to blame the pedestrians involved in pedestrian train accidents for the incident, these accidents can happen for far too many reasons. There is no doubt that pedestrians could act cautiously around train tracks and stations to lessen the risk of an accident; however, these tragic accidents are often out of the control of pedestrians.
Regardless of the cause of the accident, you and your family might have grounds to pursue a claim for the harm resulting from the pedestrian train accident. But first, you will need to establish liability.
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Who is Liable in Pedestrian Train Accidents?
Who is at-fault for pedestrian train accidents? To establish liability for pedestrian train accidents, the four elements of negligence (duty of care, breach of duty, cause, and harm) must be present. If a party or entity has a duty of care towards others, but the party or entity breaches the duty of care, causing an accident that results in harm, the party could be found negligent and liable of all harm suffered.
Who are the parties or entities that could face liability? Some of the parties or entities that could be liable for pedestrian train accidents include rail/transportation companies, maintenance crews, individual parties with malicious intent, and pedestrians, for example. Liability will always be based on the specific details surrounding the incident.
Let’s consider the how each of these parties/entities could be liable:
- Pedestrians – in many pedestrian train accidents, the accident could have been avoided if the pedestrian had made different decisions. In other words, pedestrian train accidents are often associated with the bad choices that pedestrians make. Some examples include the choice to stand too close to the edge of the platform, to enter the tracks when the caution signals are still engaged, or to walk on the tracks, for example. In these cases, the accidents are directly associated with the reckless of the pedestrians and their disregard for their personal safety.
- Individuals with malicious intent – pedestrians can be purposefully pushed off platforms onto railroad tracks by individuals with malicious intent. The malicious party could have pushed the victim onto the railroad tracks knowing of the possibility that the victim would suffer great physical harm. Whether the incident was a random attack or escalated from a verbal or physical altercation, the party that intentionally pushed the victim onto the tracks could be liable for all the harm suffered.
- Maintenance crews/companies – in some cases, rail or transportation companies must hire third-party companies for the maintenance of their trains. Maintenance crews/companies have a duty to perform their job effectively. This means that they must address any reported issues without creating any other problems. If they are conducting a routine inspection for issues, they must identify all problems to be able to address them. When maintenance crews/companies fail to perform their repair work effectively, they are putting innocent parties at risk and could be liable for any harm resulting from mechanical issues (given that they could have addressed the issues prior to the incident). What if the maintenance crew is internal and part of the rail/transportation company? If the maintenance crew is just another part of the rail/transportation company, liability will likely simply be transferred to the company (see below).
- Rail or transportation companies – liability is typically the clearest with rail/transportation companies. This is because trains are common carriers and the companies that own/operate them must always maintain as well as enforce safety protocols both on their trains and on their train stations. When companies fail to ensure that their trains and train stations are safe, they are essentially putting innocent parties at risk. They could be liable for all the harm suffered in pedestrian train accidents. In many cases, rail and transportation companies are owned and operated by the city or county; therefore, the city or county could be liable for harm associated with the negligence of a rail or transportation company.
Although liability could fall onto just one party or entity, it is not unlikely for liability to be shared among multiple parties or entities. If you would like to learn more about liability for pedestrian train accidents, do not hesitate to seek legal assistance with the experts at our firm as soon as possible. Our lawyers are ready to help you gain a thorough understanding of liability as applicable to your case as well as your right to sue.
Filing a Claim and Recovering Compensation
Do you have the right to file a claim and recover monetary compensation? The answer to this question depends on the specific details surrounding the incident. You will only have grounds to pursue a claim if the negligent actions of a party or entity contributed to the harm suffered. If so, you could file a claim against the liable party with the assistance of a pedestrian train accident lawyer.
Could you recover monetary compensation? Your right to recover monetary compensation will always be based on the specific details surrounding your claim. Upon reaching a successful claim outcome, you might be eligible to recover monetary compensation.
Depending on the details of your pedestrian train accident claim, you could be eligible to recover compensation for at least some of the following:
- Medical expenses
- Lost income
- Pain and suffering
- Funeral/burial costs
- Loss of consortium
- Punitive damages
For more information about the type and amount of compensation that you might be eligible too recover if your pedestrian train accident claim is successful, do not hesitate to contact our law firm at your earliest convenience.
The pedestrian train accidents at our law firm are ready to evaluate your claim and provide you with all the information that you need to recover the highest amount of compensation available for your claim. Whether our lawyers have to negotiate a settlement or take your claim to court, you can trust that they will do everything possible to ensure that you are rightfully compensated.
If you would like our experts to evaluate your claim and help you recover the compensation that you deserve, do not hesitate to contact our firm today.
The Statute of Limitations
You have the right to file a claim if you or a member of your family suffered harm in a pedestrian train accident. Whether the incident resulted in your injuries or the death of a member of your family, you have the right to take legal action against the liable party.
However, you could lose your right to sue. All claims – including injury claims and wrongful death claims – are subject to a statute of limitations. A statute of limitations determines the specific length of time that claimants have to file their claims. If claimants fail to file their claims within the deadline, they will lose their right to take any legal action for the harm suffered.
What deadline applies to your claim? In California, injury and wrongful death claims are typically subject to a statute of limitations of two years, meaning that claimants only have two years to file their claims. However, your claim might be subject to stricter deadlines – especially if you are filing a claim against a government entity.
As was previously mentioned, some rail and transportation companies are owed by the city or county; therefore, they are considered city/county agencies. This makes them government entities. All government claims must be filed within a strict six-month deadline. As mentioned above, failure to file on time could result in losing the right to sue.
For more information about the specific length of time that you have to file your claim, do not hesitate to contact our law firm at your earliest convenience. Our lawyers will help you understand the total length of time that you have to sue.
Contact Normandie Law Firm Today
If you or a member of your family was harmed as a direct result of a pedestrian train accident, it is essential that you seek legal assistance at your earliest convenience – you might have grounds to sue and receive monetary compensation. You should consider reaching out to the experts at Normandie Law Firm. Normandie Law Firm is a personal injury law firm with many years of experience handling a variety of accident claims. The experts at our firm are dedicated to representing victims and their families and guiding them towards successful claim outcomes. If you are ready to allow our experts to evaluate your claim and provide you with the information that you need, do not hesitate to contact our law firm immediately.
Our firm is committed to representing all victims of personal injury accidents regardless. To remain accessible to victims and their families, our firm offers free consultations and free second opinions. During our free consultations and free second opinions, our lawyers will be available to answer all questions, address all concerns, and provide you with all the information that you need to pursue your claim against the party liable for the harm that you or a member of your family suffered. Would you like to benefit from our free consultations or free second opinions? If so, do not hesitate to contact our law firm today.
Our free legal services are available as part of a Zero-Fee guarantee, which ensures that our clients – the unfortunate victims of personal injury accidents – never have to worry about paying upfront legal fees for our legal services. Our law firm is also based on a contingency structure, meaning that our clients will not be required to pay anything until after reaching a successful claim outcome.
If you are ready to discuss your pedestrian train accident claim with the experts at our firm, do not hesitate to contact us today.
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