Child & Jackson can help you or someone you care about who’s been injured in a train or light rail accident in Folsom. Throughout the area, you’ll see light rail operated by Sacramento Regional Transit District (SacRT), along with trains and other rail traffic that come through the region. While these systems are designed to move a lot of people safely, being involved in an accident with one can lead to serious injuries and a lot of questions. We can help you through the aftermath. Set up a free consultation today.
Why a Lawyer Usually Makes Sense After a Train or Light Rail Accident
Just because light rail trains are designed with your safety in mind doesn’t mean dealing with an accident involving one is straightforward. And when you think about it, it’s not all that hard to see why being in such an accident can easily turn serious—even before you get to the claims process.
With all that on your plate, talking to our lawyers makes a lot of sense. When we sit down with you, we can:
- Figure out what caused the accident and who might be responsible
- Explain your rights and legal options
- Handle the back-and-forth with SacRT, other government agencies, or their insurance companies
- Build a claim that shows the full impact of your injuries
Our team can take that on for you so you have the space to focus on your recovery. That starts with getting good information.
What Can Help After a Train or Light Rail Accident
You obviously don’t expect to be in an accident with a light rail train in Folsom as a passenger, let alone in one if you’re driving your own car or are walking around a pick up spot. But it can happen in a split-second, and at that point, information becomes important. Before you do anything, though, the first thing you need to do is call 911 to report the accident. That’ll get police and an ambulance to the scene. Everything else can come later, like getting details like:
- Pictures and videos of everything—the train or light rail vehicle, your vehicle if you were driving, damage, the crossing or station, visible injuries, warning signals, road conditions, and anything else that seems important.
- The train or light rail vehicle number if you can safely get it.
- Names and contact information for anyone who saw what happened before they leave the scene.
- Information about the crossing, station, or location where the accident happened.
That’s about as much information as the scene will give you. Again, though, your health should come first. Get checked out by EMTs, answer questions from police, and go from there. Then, once you’re away from the scene, other things will start coming in over the next few days and weeks, like:
- Medical records and bills that show the treatment you’ve received and connect your injuries to the accident.
- The police report or other official accident report.
- SacRT incident information or any paperwork you receive about the accident.
- Photos and videos of your injuries as they heal, especially if you’re dealing with scarring, limited movement, or other lasting problems.
- Pay stubs, W-2s, or other records showing income you lost while recovering.
- Notes about your recovery, including pain levels, symptoms, doctor’s appointments, and how your injuries are keeping you from working or doing normal daily activities.
- Letters, emails, or notes from phone calls with insurance adjusters, SacRT, or anyone else involved in the claim.
There’s really no easy way to approach getting all this information right after the accident happens. That’s why you should focus on your health and safety first. That’ll settle things down, and usually just a few pictures and information on the train is enough to get started. From there, we can fill in any gaps and start answering the bigger questions.
Why Do Train and Light Rail Accidents Happen in Folsom?
There’s nothing about Folsom that automatically makes train or light rail accidents more likely. But when you think about how much traffic moves around rail lines, crossings, stations, and busy roads, it becomes easier to see how things can go wrong, especially with:
- Unsafe rail crossings. Crossings can become dangerous when warning signals, gates, signs, or other safety equipment aren’t working properly.
- Distracted drivers. A driver who is looking at a phone, talking to passengers, or simply not paying attention can miss a train or light rail vehicle approaching a crossing.
- Drivers ignoring signals. Running a red light, driving around a lowered gate, or trying to beat a train through a crossing can lead to a serious collision.
- Operator error. Train and light rail operators have to manage large vehicles around pedestrians, cars, stations, and other rail traffic. Mistakes or inattention can create dangerous situations for everybody involved.
- Equipment problems. Problems with brakes, doors, signals, warning systems, or other equipment can contribute to an accident.
- Poor maintenance. Rail vehicles, tracks, crossings, and other equipment have to be properly inspected and maintained. When they aren’t, something that should have been caught may contribute to an accident.
- Unsafe tracks or road conditions. Damaged tracks, poor roadway conditions, construction, or other hazards can make it harder for trains, light rail vehicles, and drivers to move safely.
There are a lot of different ways train and light rail accidents can happen around Folsom. But when you’re the one involved, the important thing is figuring out what went wrong and who could be responsible.
Who’s Legally Responsible for a Train or Light Rail Accident?
One of the hardest parts of a train or light rail accident isn’t just dealing with your injuries. It’s figuring out who’s actually responsible for what happened. To do that, you still have to show negligence, or that somebody was careless and that caused the accident in question.
Depending on the details of what happened, that could be:
- SacRT or another transit agency if the accident was caused by an operator, unsafe equipment, poor maintenance, or another issue involving the transit system.
- A company that made defective brakes, doors, signals, or another part if that’s what led up to the accident.
- A maintenance company if it failed to properly inspect or repair the train, light rail vehicle, tracks, or other equipment.
- A city, county, or state agency if dangerous roadway conditions, construction, traffic signals, or other infrastructure played a role.
- Another driver who ran a red light, ignored a crossing signal, stopped on the tracks, or otherwise caused the collision.
Obviously, every train and light rail accident is different. And because of that, legal responsibility can shift depending on the exact details. But figuring out who’s responsible matters for another reason, too: it can change how your claim needs to be handled.
How the Claims Process Works After a Train or Light Rail Accident
Being injured in a light rail accident can go a lot of different ways depending on who’s actually responsible. But most of the time, SacRT is going to be involved in one form or another. That doesn’t change your right to file a claim, but it does work a bit differently process wise because it falls under the California Tort Claims Act (CTCA).
With a CTCA claim, you have to:
- File a formal Notice of Claim within six months of the accident. This deadline is important. If you miss it, you could lose your ability to get anything, even if the accident was preventable and your injuries are serious.
- Give the agency time to respond. After you file the claim, the government generally has 45 days to act on a properly presented claim. It may accept the claim, reject it, or take no action.
That’s where things can get frustrating. You’re focused on getting treatment and trying to recover, but there are deadlines running in the background. And with a light rail accident, you may not even realize that a government claim is involved until you start looking into who operates the train.
Of course, there’s also the chance that you have to file a private injury claim if the accident was caused by a private person or group. That means it works as normal, where you have two years from the date of the accident to file:
- An insurance claim outside of court
- A personal injury lawsuit
Once your claim is properly filed, the focus turns back to your damages. That can include things like:
- Current and future medical expenses
- Current lost income or loss of future earning capacity
- Repair or replacement costs for your vehicle or other damaged property
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death expenses in fatal accidents
The biggest takeaway is that you don’t necessarily have the same amount of time you would with a typical personal injury claim. That can make things more difficult, especially if you’re dealing with serious injuries and don’t yet know what your recovery is going to look like. But you don’t have to try to figure it all out by yourself.
Get Help From Our Folsom Train and Light Rail Accident Lawyers Today
When you’re injured in a train or light rail accident in Folsom, you might not know where to turn. You’re trying to recover, you may be missing work, and you may have an insurance company or government agency asking questions you don’t know how to answer.
At Child & Jackson, we can help you figure out what happened, who might be responsible, and what your legal options are. We’ll explain the process and guide you through it from start to finish. Set up your free consultation today.