Washington Train Accident Legal Issues

Train Accident Legal Review

In light of the recent horrific train accident in Tacoma, I wanted to provide an overview of the different legal standards faced in Train Accidents. Our heartfelt condolences to anyone personally or with friends and family involved with the accident.

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If you get hurt while on public transportation -- such as a bus, train, or subway -- you might be entitled to make a claim against the public transportation company that runs the transport line. This article will explain the most important differences between the law that applies to public transportation companies and the rules in most standard personal injury cases.

The 'Common Carrier' Law

Most personal injury cases are based on negligence rules; the injured person must prove negligence in order to win the case.

Public transportation injury law is still based on negligence, but public transportation companies in some states may be subject to what is called the "common carrier" law.

In many states, common carriers owe their passengers a higher degree of care than the average person does. The injured person must still prove that the public transportation company was negligent in order to win the case. But in many states, common carriers are said to owe their passengers a higher degree or even “the highest degree of care” to provide safe means and methods of transportation for them.

In other words, the common carrier’s duty to act reasonably to take care of its passengers is greater than the average person’s duty to act reasonably. But, even though the common carrier may owe this higher duty of care, the injured person must always prove negligence.

Claim Procedure And Statute Of Limitations

The second important distinction between public transportation law and standard personal injury law has to do with the procedure for bringing a claim against a public transportation company.

Because public transportation companies are state or municipal agencies, special state laws (usually called State Tort Claims Acts) apply to claims brought against them. There will almost always be time and notice deadlines for filing injury claims against a government entity like a public transportation company. These deadlines differ from state to state, but can include the following:

·         a short (six months or even less) deadline to notify the public transportation company in writing of the precise circumstances of your accident

·         a shortened deadline for filing a lawsuit (the statute of limitations) against the public transportation company

These requirements are applied more strictly in some states than in others. In some states, your claim will be barred if you send your notice to the wrong municipal department, even though it might just be down the hall from the correct department. Moreover, you have to make sure that you make your claim against the proper governmental entity in the first place. To make sure that you satisfy all of your state’s notification requirements, if you got hurt on public transportation, you should contact a personal injury lawyer as soon as possible.

Limits on Damages in Public Transportation Injury Claims

Unfortunately, most states have caps or limits for injury claims against state or municipal agencies such as public transportation companies. These limits will also differ from state to state, but can be very low, sometimes $100,000 or less.

For more information on your rights in a train accident, please consider reaching out to a Washington Train Accident Attorney or a Washington Wrongful death attorney. 

You can reach me directly at Scott@dcseattle.com or via phone at (206) 306-4034. This is my personal cell number. I will respond to text, emails or calls. 

Our Office: 

DC Legal, PLLC

150 Lake Street S. Ste 209

Kirkland, WA 98033

T: 425.889.9300