Sacramento Train Injury Attorney

Evidence We Collect in Train Accident Investigations

In many railroad accidents, human error is the cause, and this is quickly determined. Engineers or conductors distracted from their duties by cellphone use or impaired by fatigue, alcohol, or drugs, for example, may be identified in post-crash interviews and/or testing.

In more complex cases, our professional railroad accident investigators have the field experience and know-how to dig through the mountains of regulatory paperwork railroad operators are required to complete and maintain.

In addition to police and other public accounts of the accident, among the records we may want to obtain are:

• Personnel records of the train engineer, conductors, switch-person and brake-person, etc., including licensing (for engineers), experience, alcohol/drug testing, performance, etc.
• Dispatch records to identify the route, intended vs. actual departure and arrival times, communications with dispatchers, etc.
• Inspection and maintenance records, which may suggest mechanical problems neglected or improperly repaired

Most importantly in many cases, we want access to data from the in-service event recorder, or event data recorder (EDR), installed on any train operated faster than 30 miles per hour. These devices sometimes referred to as “black box” recorders, record and retain information about train operations, including:

• Train speed
• The selected direction of motion
• Time
• Distance
• Throttle position
• Applications and operations of the train’s independent brake, automatic air brake, and dynamic brake (including emergency braking)
• Cabsignal aspect(s), if so equipped and in use
• End-of-train (EOT) device’s loss of communication from front-to-rear and/or rear-to-front
• EOT valve failure, brake pipe pressure, marker light, and “low battery” status
• Position of on/off switch for headlights and auxiliary lights on the lead locomotive
• Horn control handle activation
• Cruise controlon/off, if so equipped and in use
• Safety-critical train control data routed to the locomotive engineer’s display with which the engineer is required to comply, specifically including text messages conveying mandatory directives and maximum authorized speed

In some cases, our investigations and subsequent claims will necessarily rely in part on the pace of investigative work and published findings of the NTSB and/or FRA. However, due to our years working with train accidents in Northern California, we understand the operations of these agencies and have contacts within the agencies and their investigative teams to ensure we are on top of developments as they occur.

Schedule a free consultation with our Sacramento train accident lawyers today to discuss how we can help investigate your accident and pursue the compensation you need to recover.

Common Causes of Train Accidents

Train accidents may be caused by any combination of events related to human error, failure to meet or maintain safety standards, equipment failure, or track obstruction. These include:

Train Operation / Human Error

Though the tasks required of train drivers and signalers have remained essentially the same for generations, many railway accidents are caused by human error and poor performance. These include issues involving:

• Train handling, i.e., engineer’s action (recklessness) or inaction (negligence).
• Railroad employees (engineer or conductors) impaired by alcohol, drugs, fatigue, illness, etc.
• Improper train speed, such as moving too fast for a curve in the track, a crossing, steep grade, entering a station, etc.
• Lack of braking or not braking in a timely manner.
• Train makeup (number of cars) and/or improper loading. The weight and length of a train have implications for speed, rounding corners, stopping, etc.
• Signals and communication, including operational failure or incorrect signaling.
  Main track authority (i.e., was the train proceeding as authorized and was the authorization correct).

Mechanical and Electrical Failures

Trains are complex mechanical and electrical systems. Problems that may have caused or contributed to a crash may be found in:

Track, Roadbed, and Structure

The weight and movement of trains, particularly freight trains loaded with commodities like crude oil, can damage the infrastructure that train travel relies on. A lack of maintenance or, in some cases, design flaws may lead to accident-inducing problems in:

All these factors must be taken into account when investigating a train accident. Because these investigations and resulting legal claims are so complex, you will need an attorney with experience investigating and trying train injury cases.

Our Sacramento train accident lawyers understand how the multiple variables involved in a train accident affect accident claims and how they may be used in an accident victim’s favor. Schedule a free consultation with our team today to get started on your case.

Who Can File a Wrongful Death Claim After a Train Crash in California?

In California, there are specific rules about who can claim damages (seek compensation) if someone has died in a train accident. Under California law, the surviving family members of a person killed because of the negligent or wrongful actions of another can claim damages. People who may be eligible to file a wrongful death claim include:

Call us today to talk about whether you are eligible to file a wrongful death claim on behalf of a loved one who died in a train accident. Our attorneys can answer all your questions and help you develop a plan for moving forward.