Orange County Railroad Accident Attorney
Skilled Railroad Accident Lawyers and Amtrak Lawsuit Attorneys
An entity that transports people by rail is considered a “common carrier” in California. A common carrier, transporting individuals “for reward”, have a higher duty to consumers under the law. Common carriers are liable for negligence, but they are held to a higher “standard of care” in protecting the safety of passengers than mere negligence or carelessness. Railroads and other common carriers (streetcars, buses, taxis, airplanes, ships) may be held responsible for Amtrak train derailment if the accident resulted from a failure of the railroad to meet the high standard of care required. Rail carriers must use “the utmost care and diligence for consumers safe carriage, provide everything necessary for that purpose and exercise a reasonable degree of skill.” In sum, common carriers are responsible for even the slightest negligence. If you have experienced an injury from the result of a railroad accident, call our Orange County railroad accident attorney.
Railroads may be liable for injuries caused from any element within their control such as an Amtrak lawsuit. This might include, for instance, a railroad crash, a slip and fall on a railroad platform, or an injury suffered from a railroad crossing. Particularly, in a railroad crossing, a railroad company and its train crew must use reasonable care to avoid injury to anyone traveling on highways crossed by the company’s tracks. Multiple people were injured and several died in an Amtrak train derailment recently and Aitken * Aitken * Cohn knows how to fight for the rights of railroad passengers. Even when you think there is no hope our Orange County railroad accident attorney will be right by your side every step of the way, no matter what it takes. Attorneys with experience against Amtrak know the ins and outs of the laws to be able to assist you in your case.
Some railroads are owned or operated by government entities. In these cases, laws called “tort claims acts” may apply to injuries caused by the railroad. Tort claims acts usually require that the government entity be given notice of the injury within a very short time, and prohibit the filing of a lawsuit unless the proper notice is given. Typically, the statute of limitations against government entities in California is six months (as opposed to the normal one year statute for standard car accidents.)
Contact an Orange County Railroad Accident Attorney
If you’ve been seriously injured in a railroad accident, contact the Orange County personal injury lawyers at Aitken * Aitken * Cohn today. When the Amtrak train derailment occurred, the injured needed all the help they could get, so seeking the right legal representation is mandatory!