Train & Metrolink Accidents
News: Metrolink Commuter Train Accident - September 12, 2008 Chatsworth, California at approximately 4:30 P.M. a Metrolink commuter train colided with a Union Pacific frieght train. The train accident was one of the worst train and rail accidents in recent Southern California history. At least 135 people were injured, 85 of which were seriously or critically injured in the accident. 25 peolpe did not survive the Metrolink incident in Chatsworth. Preliminary reports indicate that human error may have been the cause in fact. Metrolink admits the engineer of the Metrolink commuter train may have failed to stop for a red light signal which was the probable proximate cause of the accident. Reports indicate the Engineer may have been text messaging while driving the Metrolink train. Accordingly, Metrolink has assumed some level of responsibility for the Chatsworth Metrolink accident.
A train accident usually but not always, occurs as a result of someone's negligence. In fact, the train accident may be a situation where res ispa loquitor as a legal principle may be applicable under the law. Trains like airplanes and innkeepers are considered common carriers with special classifications under the law. The special rules associated with common carriers carry a higher duty level to the passengers of the common carrier such as a train or airplane. Although there are these higher duties to the common carriers, third party interviening forces may give rise to issues of causation or comparative negligence in the legal analysis and may provide an adequate defense for the common carrier. Moreover lets not forget that the infamous Palsgraf incident Palsgraf v. Long Island Railroad Co., 162 N.E. 99 (N.Y. 1928), occured at a train station, so issues of foreseeable plaintiff arise as well as the other issues and elements associated with negligence law. If you have been injured as a result of a train accident and as a result have suffered serious damages to your person or property, our office may be able to help you be made whole and/or compensated for your damages. The lawyer in our Orange County office has experience with civil tort actions including auto accidents, car accidents, motor vehicle accidents, motorcycle accidents, rear-end collisions and the like. If you have been injured or civilly wronged by someone and have sustained damages as a result you should consult an attorney in order to make sure that your legal rights are properly protected. The lawyer in our office would be happy to assist you with your civil legal problem such as a train accident in Orange County, California. If you require the further services of an experienced attorney, please feel free to contact a personal injury lawyer in our Orange County office for a consultation regarding your legal issue.
Vincent J. Russo is an experienced Southern California accident attorney. Our Orange County office represents clients who have suffered serious injuries as the result of being the victim of a DUI accident, auto accidents, car crashes, rear-end colisions and other types of motor vehicle and automobile injury related accidents.
There are several items that an attorney would like the client to be mindful of when an attorney is representing a client with an train accident case.
1. First get proper medical care
2. Investigation of the accident scene is important for trial preparation (pictures –an accurate portrayal of the scene of the incident is necessary and pictures of the physical injuries)
3. Preservation of the evidence (for trial preparation-witness lists, statements, and information)
4. Medical experts will most likely be necessary to evaluate the injuries
5. Liability needs to be determined
6. The amount of damages you would be legally entitled to needs to be established
7. Collection of the damages
As attorneys, we help our clients evaluate their personal injury claims, establish liability, analyze damages, and collect the settlement or judgment. We handle all of the details for you. The experienced auto accident attorney in our Orange County office serves commnities such as Irvine, Long Beach, Huntington Beach, Santa Ana, Laguna Beach, Costa Mesa, or surrounding southern california communities and can assist you with your accident related claim to quickly resolve (if possible) your case. If you have been injured as a result of an accident, please feel free to contact an attorney in our Orange County office for assistance.
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