Orange County Train Accident Attorneys

Improved safety technology slow to be adopted

National statistics show that every two hours there is some form of train accident involving injury, death or property damage. Yet many of these are preventable.

More California commuters are using rapid transit and local metro rails each year due to the ever increasing congestion on our roadways. As a result of this growing number of people using rail transportation, the number of injuries and deaths resulting from train accidents is also rising.

A rail operator, whether public or private, owes its passengers the "utmost duty of care" associated with being a common carrier. This "duty of utmost care" is even higher than the standard negligence duty they owe to drivers of other vehicles and pedestrians. After all, you have paid them to transport you safely, and have placed your trust in their abilities.

A railroad operator has a duty to ensure the safety of its passengers by complying with all safety laws. While some accidents cannot be avoided, the NTSB (National Transportation Safety Board) reports that nearly half of all serious train accidents could have been avoided with updated technology and satellite systems that have been available for more than 10 years. The NTSB has recommended the upgrade of old and outdated technology, yet most railroads have not complied.

When a railroad or train accident does occur, there are laws that govern whether or not the carrier is liable. All railroads must report train accidents to the FRA (Federal Railroad Administration) within thirty days of the occurrence. There are many factors that determine if the railroad company was at fault and could have prevented the accident and resulting injuries by exercising the proper care and maintenance. Also, if the carrier is found liable, there are even more factors to consider as to what percentage of liability they will have to assume.

Orange County train accidents can be caused in many ways such as train collisions, derailments, poorly maintained tracks, non-compliance of safety standards, inadequate security and other negligence issues. The laws are complex and vary greatly dependant upon the circumstances surrounding the accident. Experienced and diligent legal representation can make all the difference in the outcome of your case.

At BISNAR | CHASE Orange County Attorneys, we have the experience and resources to properly handle complex lawsuits against the owners and operators of public and private railways.

If you have been seriously injured in a train accident, you need the advice of an experienced Orange County Railroad Accident Lawyer. Call BISNAR | CHASE today for your FREE CONSULTATION or click here to fill out our convenient and confidential on-line case evaluation form.

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BISNAR | CHASE 2006-2010 - Super Lawyers is a listing of outstanding lawyers from more than 60 practice areas who have attained a high degree of peer recognition and professional achievement. BISNAR | CHASE has received this award for three consecutive years.