Los Angeles Metrolink Accident attorney: Establishing Liability in Train Accidents

On the late afternoon of September 12, 2008, the worst train tragedy in the history of California – or perhaps the whole country - occurred when a Metrolink train carrying commuters from downtown Los Angeles collided with a Union Pacific freight train, resulting in the death of 25 people and injuring 135 others, with at least 40 of them in critical condition.

This rail disaster happened on the single railroad track at the northwest end of the San Fernando Valley in the city of Chatsworth. The tragedy is now known as the Metrolink Chatsworth Crash.

But despite this, rail transportation continues to be a popular means of transport in California and in the whole country, a very affordable means of transporting not only people but shipping freight and goods as well. In fact an increasing number of Californians rely on CALTRANS and Metrolink for their daily commute to work. In 2008, the same year that the Chatsworth train accident occurred, Metrolink ridership increased by about 60 percent since the past five years, with more than 4 million commuters and riders.

Because the truth is, train accidents seldom occur. And although these are rare instances, most train accidents are considered catastrophic, involving a great number of people and resulting in serious and severe injuries, if not death, to the passengers.

Duty of Care in Trains and Common Carriers

Train operators, like other public transportation providers or common carriers, are expected to exercise a higher standard of care for their passengers. Under Civil Code 2100, common carriers, “must use the utmost care and diligence for passengers’ safe carriage” and “must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill.” This means train operators will be held responsible for the injuries that their passengers may suffer while inside the train.

Under this state law, common carriers owe their passengers the following duties:

• To safely transport passengers to their destination
• To provide them with a safe place to enter and exit the vehicle
• To take reasonable steps to protect passengers from harm, including harm by other passengers
• To provide safe vehicles and maintain their safety
• To hire qualified employees and to train them

Liability

Train and railroad accidents may be attributed to several factors, which include the following:

• Driver fatigue
• Driver inattention or distracted driving
• Poor training of driver and employees
• Reckless driving
• Improperly maintained equipment
• Improperly maintained infrastructure
• Defective locomotive parts

When train operators, drivers and other employee fail to perform their duty, they can be held liable for negligence. Under the law, common carriers are expected to train their employees and supervise their work. This duty also includes disciplining drivers, terminating reckless operators and drivers who do not perform their jobs.

In addition to this, common carriers must regularly inspect their vehicles, check performance, perform maintenance and make repairs. Under the law, common carriers can be held liable for injuries in accidents caused by defective parts.

Victims of train accidents are entitled to receive compensation from liable parties in a train accident. In determining liability and pursuing claims for injuries in a Metrolink train crash, for instance, you can seek the assistance of a lawyer specializing in train accidents. In this case, a Los Angeles Metrolink accident attorney can help you.

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