A train accident occurred in Santa Ana when a Ford pickup truck failed to cross the tracks before the Amtrak passenger train arrived.
According to reports, the collision decoupled at least 2 train cars.
Fortunately, the train was not derailed and the passengers were not injured.
The truck driver was brought to a hospital but is expected to survive his injuries.
Obviously the truck driver has liability over the accident.
Trains always have the right of way in crossings because unlike other vehicles, trains cannot make abrupt changes, or make sudden stops to avoid a collision.
But does the railroad have liability as well?
It depends.
The duties of a railroad company include informing other motorists of their approach to the crossing.
Did they blow their horns to announce that the train is incoming?
They also have a duty to keep crossings reasonably safe for pedestrians and other vehicles.
Were there safety and warning signs, railroad gate and/or safety fences to prevent collisions?
The answers to those questions would indicate the level of liability of the railroad company.
Train accident laws can also be complicated as it may involve federal and state laws.
It is best to consult a train accident attorney for advice.
According to reports, the collision decoupled at least 2 train cars.
Fortunately, the train was not derailed and the passengers were not injured.
The truck driver was brought to a hospital but is expected to survive his injuries.
Obviously the truck driver has liability over the accident.
Trains always have the right of way in crossings because unlike other vehicles, trains cannot make abrupt changes, or make sudden stops to avoid a collision.
But does the railroad have liability as well?
It depends.
The duties of a railroad company include informing other motorists of their approach to the crossing.
Did they blow their horns to announce that the train is incoming?
They also have a duty to keep crossings reasonably safe for pedestrians and other vehicles.
Were there safety and warning signs, railroad gate and/or safety fences to prevent collisions?
The answers to those questions would indicate the level of liability of the railroad company.
Train accident laws can also be complicated as it may involve federal and state laws.
It is best to consult a train accident attorney for advice.
