Subway Accident Lawsuits and Settlements

Traveling by train is one of the easiest and most convenient ways of getting around. If you live in a heavily congested city with an extensive subway system, then it may be the best method for getting to and from work. In general, train travel is safe and reliable. However, accidents involving trains do happen. And if you have been harmed in such an accident, you do have the right to claim compensation. A Los Angeles train accident lawyer can help you move forward on this front; they can give you the guidance and representation you need to get the money you are entitled to.

Common Train Accidents and Incidents

Catastrophic train collisions are very rare. The more common types of train accidents involve individuals who have been hurt due to the negligence of the operator or a malfunction in train equipment. Here are some of the common types of train accidents:

1. Door closings

Train doors are controlled through a high-pressure pneumatic system. This provides a safe and secure environment for passengers inside the train. It is the job of the train operators to ensure that all passengers are safely inside the train car before they close the doors. However, it is common for people to arrive at the very last minute and to rush into the train car. They can get crushed in the closing door as a result, which can cause serious injuries.

2. Falls

Subways and long-distance trains travel at high speeds. However, operators must adhere to specific standards to avoid jerky or sudden stops. This kind of braking can cause people who are standing to fall to the floor and injure themselves.

3. Assault

An assault on the train or in a train station can be the basis of a lawsuit. People expect to be safe and secure in their person when riding a train. And it is the responsibility of train companies to provide adequate security in the train station and on the train.

What to do After a Train Accident

If you have been injured in a train, you will need to check yourself into the hospital. If you suffered a serious fall in the train or became stuck between closing doors, you may have internal injuries that only a doctor can discern and treat. If you were on a train when it derailed, hit another train, or had a mechanical failure that led to an accident, you will probably need to be carried to the hospital by ambulance. The bottom line is that you must see a physician and get your injuries documented. This is one of the most important parts of making a claim against the train operator.

Although you will need to focus on getting your health back, it is never too early to start thinking about compensation. That is why you should speak to a Los Angeles train accident lawyer as soon as you can.

Special Issues with Train Accident Lawsuits

Most subway systems are operated by city governments. If you were injured on the subway, then you will need to deal with the issue of sovereign immunity. This well-established legal principle asserts that the city government cannot be sued in city courts unless it consents to the lawsuit. Some cities have waived their rights to sovereign immunity. Other cities have set caps on the amount of money a person can claim.

Your Los Angeles train accident attorney will advise you of how the city stands with regards to sovereign immunity. If the city in which you were injured bars its people from suing it, your train accident lawyer will suggest alternative ways of getting you money. It may be possible for you to work with your Los Angeles personal injury lawyer on a public pressure campaign aimed at getting the city to do the right thing.

Getting Compensation from Commercial Carriers

Dealing with commercial carriers such as Amtrak is much more straightforward. If you have been injured on this kind of train, the carrier can be held liable. In fact, they may try to get ahead of the situation by offering you a low-dollar settlement. You should not accept this without first consulting with your Los Angeles train accident attorney. Based on their experience in handling similar cases, they will tell you whether the offer is a fair one or not.

If the money offered is not commensurate with the injuries you have sustained, your train accident lawyer will reject it on your behalf. Indeed, it is best to leave all such communication and negotiation to your train accident lawyer. This is the best way to get exactly what you want.

You may not need to go through the hassle of suing the train company. Lawsuits are as troublesome for them as they are for you. Your Los Angeles personal injury lawyer will use the facts and circumstances surrounding the accident to pressure the company into offering a fair settlement.