While uncommon, pedestrian train accidents occur in the United States, and they usually result in catastrophic injuries and even wrongful death. In such accidents, liability for damages may fall on either the pedestrian or the railroad company, or potentially both. Railroad companies must maintain the safety of their passengers, but pedestrians might also bear some responsibility if they trespassed carelessly or engaged in behaviors that compromised their safety.
If you or a loved one were hurt in a pedestrian train accident in Los Angeles, understanding who’s liable is critical. This article will help you understand liability in such an incident and the steps to take to protect your legal rights.
How Frequently Do Train Accidents Happen?
Collisions between pedestrians and trains are relatively uncommon compared to other types of accidents. This is because trains mainly run on designated tracks, which reduces their interactions with cars, pedestrians, and other vehicles. Aside from this, trains operate on fixed schedules and adhere to strict operational protocols, meaning the tracks, signals, and crossings are meticulously monitored and maintained, significantly reducing the likelihood of accidents.
However, train accidents still occur yearly. In fact, according to Operation LifeSaver, there were 2,261 rail collisions in 2024, 164 of which resulted in fatalities and 440 injuries.
| Year | Collisions | Fatalities | Injuries |
| 2024 | 2,261 | 164 | 440 |
| 2023 | 2192 | 247 | 766 |
| 2022 | 2213 | 272 | 851 |
| 2021 | 2154 | 230 | 690 |
| 2020 | 1904 | 194 | 705 |
| 2019 | 2240 | 290 | 846 |
Can Train Accidents Involving Pedestrians Result in Severe Injuries?
Pedestrian train accidents are hazardous due to the large and heavy nature of trains, which operate on fixed tracks and require a considerable distance to stop completely. Given the train’s size and momentum, the risk of severe injuries or fatalities is significantly heightened when a pedestrian is involved in a collision with a train. The impact can cause devastating consequences, such as permanent injuries and death.
A study titled “Trespassing on the Tracks: A Review of Railway Pedestrian Safety Research ” found that while train-pedestrian collisions are less frequent than pedestrian accidents involving motor vehicles, they tend to result in more severe outcomes, including death or irreversible injuries like amputation or paralysis.
Moreover, research conducted in diverse regions, such as Australia, South Africa, the U.S., New Zealand, and Great Britain, has consistently demonstrated that train-pedestrian collisions lead to a higher fatality rate than any other type of train-related accident.
This is why pedestrians must exercise extreme caution when near train tracks, and rail operators must adhere to strict safety protocols to prevent accidents. Train impacts can result in catastrophic injuries or fatalities, making safety measures critical for pedestrians and rail companies.
What to Do in a Pedestrian Train Accident in Los Angeles, CA
If you are involved in a pedestrian train accident, it’s vital to react promptly and take the necessary steps to ensure safety and preserve important information. Here’s what you can do when responding to the situation:
- Move to a Safe Location: If you are in a safe position, move away from the tracks to avoid further danger.
- Call Emergency Services: Contact emergency services without delay. Provide them with the exact location of the incident, details of the injuries, and the condition of the individuals involved.
- Notify Train Personnel: Alert any nearby train operators or conductors immediately. They can take essential safety measures, such as alerting their control centers to halt train traffic.
- Document the Scene: If you can, capture photos or videos of the accident site, including the train, visible injuries, and the surrounding environment (like signage, barriers, or track conditions).
- Identify Witnesses: If there are witnesses, collect their contact information and brief accounts of what they witnessed.
- Cooperate with Law Enforcement: When police arrive, provide a detailed account of the events and cooperate with the investigation.
- Consult with a Los Angeles Train Accident Attorney: Considering the complexities surrounding pedestrian train accidents, consulting with a personal injury lawyer is advisable. A qualified attorney can help determine liability, gather evidence, file claims, and pursue compensation for medical expenses, lost wages, and pain and suffering.
Who Is Liable for a Pedestrian Train Accident?
Determining liability in a pedestrian train accident involves understanding negligence.
Negligence happens when an individual doesn’t demonstrate the level of care that a reasonable person would typically show in a comparable situation. In contrast, liability refers to the responsibility one has for the damages that arise as a result of that negligence.
For example, in a train accident, trespassing and going beyond the tracks is considered a negligent act because a reasonable person would not directly go into such a risky area, knowing that it can be dangerous and illegal. If this act causes a pedestrian train accident resulting in injury, the pedestrian would be liable for their damages.
Note that you have the right to file a personal injury claim against the liable party if their actions caused the accident. However, if your actions contributed to the incident, you usually won’t have the right to compensation.
Depending on the circumstances of a pedestrian train accident, the following entities can be responsible for the damages.
Can a Pedestrian Be Responsible if They Were Walking Near or Across the Tracks?
If you were walking near a railroad in a way that endangered safety and played a role in causing an Amtrak accident, you could be held responsible for any resulting damages.
According to Penal Code 369i, anyone who enters or remains on railroad property without authorization and interferes with its operations is committing a misdemeanor. Railway tracks are considered private property, and activities like walking, biking, jogging, or lingering on or near them are deemed trespassing.
Additionally, actions such as walking while intoxicated or distracted may also contribute to fault in the event of a pedestrian train accident.
Could the Railway Company be Held Liable for Poor Maintenance or Unsafe Crossings?
The railroad company may be held liable if it fails to maintain the tracks, signals, or crossings in a safe manner. For example, if warning signals, lights, or gates malfunction or are absent, the company could be held responsible.
Similarly, the railroad company could be held accountable if the train operator was speeding, distracted, or failed to take appropriate action to avoid the accident. This is because the legal principle of vicarious liability holds employers responsible for the actions of their employees when those actions occur within the scope of their employment. The company is also accountable for training its employees and regularly inspecting their duties.
Is the City or Another Government Agency Ever Responsible for Unsafe Train Crossings?
Aside from the railroad company, third parties, such as government entities, may be liable in specific circumstances. If an accident occurs due to poorly designed or maintained crossings, a government entity responsible for the upkeep of public crossings or railroad infrastructure could face liability. This includes cases where defective traffic signals, inadequate warning signs, or other maintenance issues contributed to the accident.
Furthermore, if a third party, such as a construction company, left obstructions near the tracks that contributed to the incident, that party could also share liability. Depending on the circumstances surrounding the accident, multiple parties could be held accountable.
When determining liability in a pedestrian train accident, you must consider all possible scenarios before identifying the accountable party. However, this can be overwhelming, especially if you sustain injuries from the crash. How can you gather evidence to determine liability if you are recovering from your injuries in the hospital? A train accident lawyer can handle the legal aspects of your case, such as collecting evidence and proving who the liable party is, while you focus on what’s important – your recovery.
Will My Insurance Cover My Train Accident Injuries?
If a train accident was caused by negligence by the railroad company, train operator, or another party, you may have grounds to file a personal injury claim. The at-fault party’s insurance provider should cover your damage expenses in such a situation.
If you are responsible for your injuries in a train accident, you should shoulder your expenses. If you have health insurance, it typically will cover the medical treatment costs for injuries sustained in a train accident, regardless of who was at fault.
However, it is still best to check your insurance coverage since some may not cover accidents that result from your negligence.
What Damages Can I Include in My Train Accident Settlement?
The value of your train accident settlement depends on two primary factors: the severity of your damages and how they impact your life.
For example, if you’re struck by a derailed train while waiting in a designated passenger area, you may claim compensation for your medical bills, lost income from time off work, and future medical expenses, such as rehabilitation and other treatments.
Because your injuries are permanent and the accident was severe, you may also experience emotional distress, such as Post-Traumatic Stress Disorder (PTSD), or a loss of enjoyment of life due to no longer being able to engage in activities you once loved. These emotional and psychological impacts can also be factored into your compensation.
Here are the main types of damages you may be entitled to:
Economic Damages
These cover measurable financial losses, such as:
- Medical bills
- Lost wages
- Vehicle repair costs
- Future medical expenses
- Out-of-pocket costs
Non-Economic Damages
These damages address the emotional and psychological toll of the accident, including:
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
- Loss of love and companionship
- PTSD
Punitive Damages
The court may award punitive damages if the at-fault party’s behavior was especially reckless or intentional. They serve as a punishment and deterrent for such actions.
Non-economic damages can be challenging to calculate because they don’t have a clear monetary value, unlike medical bills or lost wages. However, experienced train accident attorneys, like our team, know how to present these subjective losses in a way that maximizes your compensation. We’re committed to securing your maximum settlement and ensuring you receive fair compensation for your financial losses and emotional suffering.
How Can a Los Angeles Train Accident Lawyer Help Me?
In a pedestrian train accident, proving negligence can be challenging, especially when facing a large railroad company with a solid legal defense. Often, their insurance company may argue that you are partially at fault to reduce the settlement. In some cases, they may even claim that the crash was a suicide rather than an accident.
Hiring a Los Angeles train accident lawyer is the best way to maximize your compensation. An experienced legal expert can thoroughly assess the details of your collision and determine the full extent of damages. Additionally, a train accident attorney can take the following steps to protect your legal rights:
- Gather sufficient evidence to support your case.
- Establish who is liable for the accident.
- Accurately evaluate the damages incurred.
- Negotiate with the insurance company on your behalf.
- Ensure you meet all legal deadlines.
- File a lawsuit and represent you in court if necessary.
At the Law Offices of Larry H. Parker, our team of experienced Los Angeles accident attorneys is dedicated to protecting your legal rights and pursuing the compensation you deserve for your injuries. We thoroughly evaluate each case to develop the most effective legal strategies explicitly tailored to your unique situation.
Contact us today at 800-333-0000 to schedule a free consultation and discuss your legal options.
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What Our Clients Have to Say About Us
While many personal injury attorneys can handle your case and develop a legal strategy, our team stands out for their relentless advocacy. We ensure that our personal injury lawyers are adequately able to create a strong claim, as confirmed by our previous clients:
“There was no hassle for me. They kept me up to date and checked in on me throughout the case. They took care of everything and explained the process clearly, and it was worth it in the end!
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Frequently Asked Questions About Pedestrian Accident Claims
Need to learn more about accident claims? We want to help you! Here are common questions asked by injured accident victims, which may clarify various aspects of your case.
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Works Cited
Bieber, Christy, and Adam Ramirez. “Injury Compensation: Types, Amounts & How To Claim.” Forbes, 9 January 2023, https://www.forbes.com/advisor/legal/personal-injury/injury-compensation/. Accessed 17 October 2024.
“Collisions & Casualties by Year.” Operation Lifesaver, https://oli.org/track-statistics/collisions-casualties-year. Accessed 17 October 2024.
Leal, Héctor. “What Is Vicarious Liability? Definition & Examples – Forbes Advisor.” Forbes, 29 July 2024, https://www.forbes.com/advisor/legal/personal-injury/vicarious-liability/. Accessed 17 October 2024.
“Penal Code 369i.” Los Angeles Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=369i.
“Trespassing on the Tracks: A Review of Railway Pedestrian Safety Research.” Sciencedirect.com, https://www.sciencedirect.com/science/article/abs/pii/S0022437506000752.
Works Cited
Bieber, Christy, and Adam Ramirez. “Injury Compensation: Types, Amounts & How To Claim.” Forbes, 9 January 2023, https://www.forbes.com/advisor/legal/personal-injury/injury-compensation/. Accessed 17 October 2024.
“Collisions & Casualties by Year.” Operation Lifesaver, https://oli.org/track-statistics/collisions-casualties-year. Accessed 17 October 2024.
Leal, Héctor. “What Is Vicarious Liability? Definition & Examples – Forbes Advisor.” Forbes, 29 July 2024, https://www.forbes.com/advisor/legal/personal-injury/vicarious-liability/. Accessed 17 October 2024.
“Penal Code 369i.” Los Angeles Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=369i.
“Trespassing on the Tracks: A Review of Railway Pedestrian Safety Research.” Sciencedirect.com, https://www.sciencedirect.com/science/article/abs/pii/S0022437506000752.
