Train Accident Litigation in California

Several California commuter rail systems are operated by government agencies. In those situations, California's Government Claims Act generally requires you to file a formal administrative claim with the agency before you can sue, and the deadline to do so can be far shorter than in an ordinary civil case. Missing this step can bar you from recovering anything. Speaking with a lawyer promptly is especially important when a government agency is involved.

Federal railroad workers injured on the job are generally covered by the Federal Employers' Liability Act, a federal law that gives them different rights than workers in most other industries covered by state workers' compensation systems. Under this federal law, an injured railroad employee may sue their employer in court and does not have to prove the employer was entirely at fault. Because these rules differ significantly from California's workers' compensation system, railroad workers should consult a lawyer who handles these claims.

Responsibility may lie with the railroad company, its employees, a company that maintains the tracks or equipment, the manufacturer of a defective part, a government agency, or an entity responsible for a crossing or signal system. California courts look at who failed to use reasonable care and whether that failure caused the accident. It is common for more than one party to share responsibility.

Railroad crossings are a frequent site of serious accidents involving motorists and pedestrians. Responsibility may rest with the railroad, the entity that owns or maintains the crossing, a local government, or a combination of parties. California's Public Utilities Commission plays a role in regulating crossing safety standards. Evidence about signal and gate function, warning signs, and sight lines is often central to these claims.

Yes, in important ways. Railroads operating in interstate commerce are heavily regulated by federal agencies, including the Federal Railroad Administration. Federal safety regulations can set the standard of care in a negligence case. For certain claims — especially those brought by railroad employees — federal law may control entirely, overriding state law. A lawyer can explain which body of law governs your specific situation.

If a design or manufacturing defect in the train, track, signals, or other equipment contributed to the accident, you may have a product liability claim against the manufacturer or a related company, in addition to any negligence claim against the railroad. These cases often require expert witnesses to analyze the equipment and explain how the defect caused harm.

Deadlines vary depending on who is responsible and what type of claim you have. Claims against government agencies typically carry much shorter deadlines than claims against private companies, and missing a deadline can permanently bar your claim. Because the clock can begin running on the date of the accident, you should consult a lawyer as soon as possible — do not wait. See the deadlines section of this page for more information.