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The Law
Railroad companies and train operators owe a heightened duty of care to their passengers and the public. They are considered common carriers under California Civil Code §2100, and must exercise the highest degree of care and vigilance in the operation and maintenance of their trains, tracks, and equipment.
When accidents occur due to negligence—such as failure to maintain equipment, unsafe track conditions, or operator error—victims have the right to pursue claims for injuries and damages. In many cases, these claims are based on state negligence law, as well as federal railroad safety regulations.
Who Is Protected?
Passengers, pedestrians, drivers, and railroad workers are all protected under the law when harmed by a railroad company's failure to exercise reasonable care.
Passengers aboard commuter trains like Metrolink or Amtrak are owed the highest legal duty of care.
Pedestrians struck at crossings or individuals injured due to derailments may also have claims, depending on the circumstances.
Even drivers involved in train-vehicle collisions at crossings may have legal rights if safety measures were inadequate.
Why Are They Protected?
Railroads and commuter train operators move thousands of people every day at high speeds.
Because of the catastrophic potential of train accidents, the law requires these companies to follow strict safety standards, including:
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Proper train maintenance
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Track inspections and repairs
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Implementation of safety technologies like Positive Train Control (PTC)
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Training and supervision of operators
Public safety depends on these standards being enforced. When they are ignored, devastating accidents can occur.
Who Is Legally Responsible?
Liability for a train crash may involve multiple parties, including:
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Railroad companies operating the train (e.g., Metrolink, Amtrak, Union Pacific)
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Track owners or maintenance providers
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Vehicle drivers obstructing crossings
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Manufacturers of defective train equipment
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Equipment maintenance companies failing to detect problems
Each crash requires careful investigation to identify all responsible parties and preserve critical evidence.
Recoverable Damages
Victims injured or killed in train accidents may be entitled to compensation for:
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Medical expenses (past and future)
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Lost wages and loss of earning capacity
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Pain and suffering
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Life care costs for long-term disability
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Wrongful death damages for surviving family members
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Property damage
Because train crashes often involve catastrophic injuries, a thorough investigation and full valuation of all damages are essential to achieving a just recovery.
Wrongful Death Damages
In wrongful death cases, plaintiffs can claim the following damages, both past and future:
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