Archive for the ‘Train Accident Lawyer’ Category

Train Accident Lawyer Gives Advice on What to do If you are in a Train Crash

Tuesday, October 18th, 2011

Trains can travel at speeds of roughly 80 mph, like a bullet chugging down the railroad tracks the weight of these huge passenger and freight trains make sudden stops near impossible in an emergency situation.  Indeed, a train crash can be caused by various factors including distracted driving, alcohol consumption, rear-end collisions with other trains, motor vehicles at railway crossings, pedestrians and even derailments.

While according to the Federal Railroad Administration the number of fatalities from train crashes nationwide is on the decline — down 27% to 415 people killed over the past 10 years — there are still far too many people injured or killed in train collisions.

We’ve all seen some of the worst collisions reported in the news such as the 2008 Metrolink disaster in Chatsworth that took 25 lives and injured 135 others due to a distracted train driver. This month a 33-year-old pedestrian was struck and killed in Riverside by a Metrolink train while crossing railroad tracks after the safety bars reportedly had gone down. Also, this month in North Hollywood, police suspect a pedestrian killed by an Amtrak train had been drinking.

Sometimes there are no injuries. In fact, there was a Union Pacific train derailment that took place today in Colton. The freight train derailment involved six cars and resulted in the shutdown of the Interstate 10 freeway in San Bernardino County. Several Metrolink trains servicing Orange County were canceled as a result of the incident.

“These types of accidents can be catastrophic for those involved,” said Emery Ledger, a train accident lawyer at Ledger & Associates, headquartered in Newport Beach. “It’s important to know what to do if you are in a train accident.”

So what do you do if you are involved in a train accident?

  • Pay attention to any emergency procedures being announced on the intercom.
  • If you are unable to exit using the main doors, locate and use emergency doors or windows to exit train safely.  If you are unable to open a window, find a sledge hammer or other blunt object to smash it open because train windows are fabricated with special glass that is resistant to breakage.
  • Move away from any cars that could become engulfed in flames.

But what do you do if you are injured in a train accident? Who is at fault for your injuries? How can you get the compensation you need to get back on your feet again? Recover from your injuries and get back to work? What about pain and suffering? What if someone was killed? Can I file a wrongful death claim? Should I find a train accident lawyer?

Here are some guidelines to follow after a train accident:

  • First call 911 and seek medical attention for any injuries you have.
  • Next, document everything that happened in a journal because this information will be very important if there is a lawsuit filed on your behalf. Note weather conditions, any announcements made by train conductors, instructions you were given before or after the crash. Retain your receipts or ticket stubs that prove you were on the train.
  • Take photographs with your camera or cell phone immediately after the accident if it is safe to do so. Take pictures of the scene of the accident, the vehicles involved including license plates and details of damages, photos of your injuries, street signs, debris from the accident and anything else that could be used as evidence.
  • Obtain witness information such as names, telephone numbers, address, description of what they saw.
  • Get a police report and if there is an officer at the scene write down his badge number and name.

Newport Beach-based Ledger & Associates hopes you or your family is never involved in any accident  whether it’s a train crash or it involves another type of vehicle. However, if you are involved in a train crash, choosing an attorney with train accident experience can make a huge difference in the success of your claim.  Ledger’s train accident lawyers have had clients who have included victims of Amtrak and Metrolink crashes among others.  Our legal team has extensive experience in the field and can help guide you to understand the legal system. If you are not at fault in a collision and you are injured you deserve to be compensated for your losses.

Call our train accident lawyers for a free consultation today at 1-800-300-0001.

Crossing Train Tracks Can Be Dangerous, Car Accident Lawyer Says

Monday, October 3rd, 2011

Driving across railroad tracks is always something that should be approached with caution. One of the worst things you can do is try to run through the blinking lights and trying to cross before the guard arms are let down.  Most of us would never attempt doing this, but there are some drivers who take their chances.

Approaching train tracks should be done with caution regardless of whether they are regulated by automated crossing guards or not. There are times when a mechanical defect can result in the crossing arms not operating correctly. That’s why it’s good practice to look both ways before attempting to cross over tracks.

The state of California had the highest number of people killed at intersections crossing over railroad tracks in the United States, according to 2010 Federal Railroad Administration Statistics. Nationwide, there were a total of 2,004 railway crossing collisions including 124 reported in California that resulted in 29 deaths.

Just yesterday, Oct. 2, police reported that a 31-year-old Costa Mesa man was killed in Riverside after his BMW was struck on the tracks by a Burlington Northern Santa Fe freight train. The train ended up pushing his vehicle roughly half a mile along the tracks. Police say they are investigating the accident to determine whether the man deliberately drove onto the tracks or whether it was an accident. The railways crossing arms were reportedly working at the time of the accident, police said. The man’s onboard reporting system apparently alerted police that its airbags were deployed and kicked off the search for the man, police said.

Personal injury attorneys at Ledger & Associates in Newport Beach are experienced at handling cases where people are injured or killed in a train accident. These cases often involve serious injuries if the driver is lucky enough to survive a crash with a train.  After seeking medical attention it’s important to contact a car accident lawyer to handle your case.

A car accident lawyer is trained to investigate whether there may be negligence involved in an accident and if there are injuries the victim should be compensated for medical bills and potentially for pain and suffering that results.

If you, or a family member, are involved in an accident you should contact an attorney right away. For a free consultation with one of our expert car accident lawyers at Ledger & Associates call today at 1-800-300-0001 or visit our website at www.ledgerlaw.com.

Latest Roadway News….

Tuesday, September 27th, 2011

The following news stories detail the latest roadway incidents happening across the California highways. As always, we urge everyone to exercise extreme caution and concern for others while operating a motor vehicle. Always look out for pedestrians, cyclists and other reckless drivers. The smallest extra attention to detail could save a life.

One Person Killed, Two Injured in Crash: CHP officers in Monterey County responded to a crash early Sunday morning that left one motorist dead and two others critically wounded. The incident occurred near McFadden Road in Monterey and involved a head-on collision of three vehicles. Witnesses reported seeing one driver driving erratically, speeding and passing vehicles on the right shoulder. The road was completely closed for two hours following the crash to allow for an investigation.

Cyclist Killed in Solano County: A bicyclist was killed Sunday after his bicycle was rear-ended by a vehicle driven by a 21-year old male. The driver of the vehicle stated that he could not get around the bicyclist to pass him but witnesses report seeing no impediment preventing the driver from avoiding the collision. Alcohol, drugs and vehicular mechanical issues are not considered a factor in the incident. At this time, no charges have been filed against the driver.

Man Killed Riding Dirt Bike: A teenaged-male was killed late last week in a dirt bike accident near Bakersfield, California. The man was operating the bike on an enclosed course when he attempted to perform a jump. He lost control of the bike and collided with a steep dirt embankment close by. The victim suffered major injuries on the scene and later died at Mercy Hospital.

Elderly Driver Escapes Collision with Train: An 85-year old driver escaped major injuries after his pickup truck collided with an Amtrack train Sunday morning. CHP responded to the report of a crash on the tracks near Madera to find the driver’s 2010 pickup truck had collided with an oncoming train. Despite warnings and the lowering of the safety “arms” preventing drivers from crossing the tracks, the driver seemingly proceeded into the intersection anyway. The man was injured but survived after being nearly run over by the massive oncoming train.

If you were recently injured an in accident around the California roadways and would like to speak with a personal injury lawyer, give us a call today: 800-300-0001.

Tuesday, July 12th, 2011

In light of the devastating tragedy that struck in the Nevada desert in late June, Californians are hardly ready for another train incident possibly claiming the lives of more victims. In an incident with eerily similar facts, a man was pulled to safety before being struck by an Amtrak passenger training hauling nearly 200 passengers. Again, driver negligence is implicated in this incident as well as the tragic loss in Nevada last month.

It is never safe to ignore railroad crossing warnings or attempt to beat the train across the track. Many drivers are injured or killed after impatience gets the best of them and they try and cross the tracks before the train arrives. Not to mention the significant risk of injury or death posed as against the train conductor, his crew and the passengers and cargo aboard the train. Always practice prudent safety when approaching railroad across and obey all traffic signals- they are there for your safety!

On Tuesday afternoon, a driver in a Cadillac was pulled from his vehicle moments before an Amtrak train bore down on his vehicle, totally demolishing it beyond recognition. The driver of the Cadillac allegedly ran a red light in Fullerton and was subsequently struck by an SUV in an intersection. From there, the Cadillac was catapulted off the roadway, through two chain link fences, across a dirt parking lot and finally coming to a rest on a set of train tracks.

Fullerton police captain Alex Basteri questioned the driver’s inability to stop before coming upon the train tracks and stated he “[did] not know” why the driver did not attempt to stop his vehicle sooner.

As fate would have it, two Fullerton city workers happened to notice the Cadillac positioned broadside across the tracks. The workers joined forces with a number of other volunteers to help pull the driver from the vehicle before it collided with the approaching Amtrak train.

The workers didn’t think twice about racing to the driver’s aid. One worker commented that by they time they reached the Cadillac, the driver was conscious but severely injured in his legs.

Just over two minutes later, the car was completely demolished by an oncoming passenger train.

The driver, a man in his upper 70′s, was not seriously injured and the train tracks were closed for a brief amount of time. The Cadillac was completely destroyed.

Types of Personal Injury Accidents & How to Recover

Tuesday, April 26th, 2011

If you or a loved one has been injured as a result of the misconduct, negligence or malice of another, you should call us today. Many personal injury claims carry a statute of limitations of two years. Two years after the date of your incident you will no longer be able to make your claim. For this reason, you should never hesitate if you have been the victim of a personal injury.

Many personal injuries take the form of car accidents. Quite often, drivers are distracted, exceeding the speed limit or intoxicated while on the roadway. This sort of behavior is unacceptable and if you have been injured by someone while driving, you should assert your rights. Text messaging and driving has become a very common occurrence as of late and is resulting in the overabundance of car accidents as a result of distracted drivers. You should not have to use your own resources to pay for the medical bills and insurance premiums associated with a car accident with another negligent driver. That driver should compensate you for your losses. The American justice system is set up to allow plaintiffs to recover with is rightfully theirs.

Another common personal injury claim involves “slip and fall” while on the premises of a store or other private establishment. Stores have a duty to protect shoppers against the unreasonable risk of harm. They must inspect their establishment to ensure that it is safe for consumers to be shopping in. Liquid substances on the floor are usually not considered “reasonably safe conditions.” For this reason, if you have fallen and injured yourself while on the premises of a mall, grocery store or other establishment, you should contact an attorney today.

There are many other types of personal injury that occur quite commonly. These include boating accidents, products liability, animal attacks and injuries associated with the airlines, to name a few. If you have found yourself with a severe, or even minor, physical injury because of the negligence of another, never hesitate to contact a lawyer as soon as possible.

Once the lawyer reviews your case, he will make a recommendation to you of whether to proceed forward with your case. If you have been seriously injured, chances are your case is strong on the merits and your attorney will encourage you to file suit. This process begins by filing a complaint within the courthouse and subsequently serving the complaint and summons on the named defendant. If you are not sure who is ultimately responsible for your injury, you may join multiple defendants on your complaint and the law will eventually sort out who is responsible. A trial of your case will come later in which you will be able to present witnesses, exhibits and evidence to support your claim of personal injury.

Contact a Ledger Law attorney today! We would love to hear from you.

Train, Subway & Railroad Related Personal Injury Lawsuits.

Wednesday, April 6th, 2011

Whether you ride casually or work every day on or a around a train, you understand the risk involved.  Hundreds of thousands of pounds of steel traveling at impossible speeds is a recipe for disaster.  Subsequently, the number and type of train related personal injury accidents are as varied as the trains themselves.  Have you been injured in a train, railroad or subway accident?  Do you need the professional help of a qualified, experienced train accident law firm?

1000’s of riders and train company employees are injured on our nations rails every day.  Some are simple accidents.  Some are fatal.  A lot  of these injuries are due the negligence of the train companies themselves or their employees.

Let’s say you are a train company employee who has been injured on the job.  Was the nature of your injury due to poor training or supervision?  Was your injury caused because of mechanical error?  Did you breathe in toxic fumes that you were exposed to on the job?  If you were injured in any way due to the negligence of your employer or willful or careless negligence of another you may be entitled to financial compensation and the best way to find out if you have a case is to contact a personal injury lawyer immediately.

Now, lets say you were a passenger on a train or subway and you suffered an injury?  Maybe you fell because the train stopped short.  Maybe you were involved in a serious train collision.  Maybe you breathed in toxic fumes.  There are many ways you could have been injures and an equal amount of ways that your injury could have been caused by negligence on the part of the train operator or an employee of the train company.

People can also suffer railroad injuries when they are traveling by train, or driving or walking near railroad crossings or tracks.  Now lets say you weren’t even a passenger on the train but that you got injured because your person or your vehicle was struck by a train.  Whatever the reason, if you or a loved one was injured or killed due the negligence of a train or subway, you very likely may have a substantial legal claim or what’s called a personal injury lawsuit against the train company or any other parties involved in the negligent injury or death.

Train Accidents Attorneys

Monday, November 15th, 2010

Undoubtedly, railroad accidents are often very devastating leaving a large number of victims dead and even more people seriously injured and disabled. Trains travel at high speeds and when their sizes are factored in, the severity of accidents becomes understandable. Depending on the circumstances surrounding an accident, victims are usually entitled under the law to financial settlements. These usually cover the cost of medical care and if an accident resulted from a failure of the train company to adhere to certain FRA regulations, victims are also entitled to punitive damages. Getting settlements however is a different ball game entirely.

Hurdles to Settlement
The parties involved on the defendant side of settlement for train accidents include: the train company, its insurance providers and its attorneys. These entities often constitute a formidable obstacle and they strive to prevent victims from receiving compensation for personal injury. This is why victims of train accidents cannot afford not to hire a train accident attorney. Once a lawyer steps into the picture, a large number of defendants start to talk favorably about settling victims.

The Need for a Train Accident Lawyer
A lawyer ensures that your rights under the law are protected and in the case of train accidents, an attorney is responsible for getting you adequate compensation to cover bills incurred in addition to obtaining punitive damages if it can be proven in court that the company was negligent in the discharge of its duties. Thus, if you have been involved in a railroad accident or you know anyone that died from such, you need to get in touch with an attorney as soon as possible. This is because there is a time frame within which claims can be legally made (statute of limitations).

The Responsibilities of a Railroad Lawyer
A railroad lawyer is well versed in the different laws and regulations that govern railroad transportation and the operations of the railway system generally. As such, whenever a case is tendered before a train accident attorney, he or she will evaluate the case in order to determine the steps that should be taken to obtain settlement or compensation for the victims. If the attorney thinks the company was negligent in some areas of FRA regulations, he or she must also prove this beyond any doubt in court if the need arises. The best thing for victims of train accidents is to hire a skillful attorney.