A pedestrian was hit by a coaster train on Christmas Eve near San Diego.
California – December 24, 2022
Pedestrian accidents often involve traumatic brain injuries (TBI), and the Centers for Disease Control (CDC) reports that motor vehicle crashes are the leading cause of TBI, resulting in hospitalization. The intersection of Taylor and Congress Streets in Old Town Station was the scene of an accident involving a North County Transit District Coaster train and a pedestrian. The commuter train struck and seriously injured the man who was transported to the hospital for evaluation and treatment according to San Diego Police reports. A San Diego accident attorney can answer questions regarding options for compensation of injuries and related expenses.
Recoverable damages award.
Blunt trauma is a serious type of head injury that can occur in an automobile accident when a moving head strikes a stationary object like the windshield. It is important for accident victims to receive proper diagnostic screening even when injuries seem minor because TBI, referred to as an invisible epidemic, may have caused more damage than is visible. Head injuries can have short and long term negative effects on accident victims and TBI-related disability can cause enormous financial burdens for victims and families. If the personal injury litigation attorney is successful, a claim award will address the losses that include expenses for medical treatment, future medical expenses, changes in live expenses, lost and future wages, and compensation for any future loss of companionship, comfort, and affection.
Government entity insurance and responsibility.
Community trains have an elevated duty of care for commercial public transport. In California “everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person…” meaning that if an individual is responsible for any part of activities that led to injury, compensation will be adjusted to a percentage of fault assigned to accident victims. A personal injury attorney can advise in this type of accident case.
Time limitations on filing legal action.
When an accident involves government, or municipal vehicles during business, the official agency can be sued by the accident victim. There are specific statutes of limitations on these cases and an experienced attorney can help file the appropriate documents within those timeframes.
Possible defendants in litigation.
A California injury lawyer will determine who may be defendants in a case involving injury caused by a commuter train. They may include:
- Conductor,
- Manufacturers of specific train parts or cars,
- Railroad companies,
- Maintenance personnel of railway repairs,
- Related government agencies.
Hire a lawyer.
Accident victims should seek the counsel of San Diego lawyers as soon as possible after a train accident causes them injury to determine how to proceed because public transportation has an elevated duty of care and may have a shorter window to file legal action. An experienced attorney who is familiar with California accident laws can be reached at the Law Offices of Jeffrey E. Estes & Associates and will take action to build a winning personal injury case against negligent train operators or government agencies who may be found at fault.
Jeffrey E. Estes & Associates, a Professional Law Corporation
501 West Broadway, Suite 1650
San Diego, CA 92101
Phone: 619-233-8021
Fax: 619-233-3730
Sources:
- https://www.sandiegouniontribune.com/news/public-safety/story/2022-12-24/man-hit-by-coaster-train-in-old-town-on-christmas-eve
- https://www.cdc.gov/traumaticbraininjury/pubs/tbi_report_to_congress.html
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=20001
