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Train Collision in Kingsburg Kills Vehicle Driver

Torem & Associates

A train collision in Kingsburg, southeast of Fresno, on April 18 resulted in the death of an SUV driver. The collision happened on the tracks at Golden State Boulevard and Stroud Avenue around 9:00 p.m. The Kingsburg Police Department reported that the train struck the SUV on the tracks and continued going south. The SUV driver died at the accident scene. An investigation is underway to determine what happened to cause the fatal accident and whether the crossing arms were operating at the time.

Railroad Liability in a Train Collision With a Motor Vehicle

In a collision between a train and a motor vehicle, determining the liability of railroad companies can involve examining whether the railroad company adhered to safety regulations and exercised due diligence in maintaining and operating its trains and tracks. Factors such as the functionality of crossing signals and barriers, the conduct of the train operator, and the maintenance of the railroad tracks play crucial roles in establishing liability following a car accident injury or fatality. Additionally, legal considerations might include examining the railroad’s efforts to warn the public of potential dangers and their compliance with federal and state rail safety laws. 

Filing a Wrongful Death Claim Against a Railroad or Track Owner

Filing a wrongful death claim against a railroad or track owner following a train collision requires navigating intricate federal and state regulations. To initiate such a claim, it is important to establish the railroad or track owner’s liability by proving negligence or a violation of safety standards that led to the fatal incident. Evidence gathering plays a critical role in this phase, including collecting accident reports, eyewitness accounts, and expert testimonies related to railway safety and operations. 

Engaging with an attorney who is experienced in railroad accidents can significantly improve the chances of a successful outcome by ensuring that the legal rights of the deceased’s estate and beneficiaries are effectively represented.

Recovering Compensation by Filing a Wrongful Death Claim in California

In California, filing a wrongful death claim after a train collision allows the decedent’s surviving relatives or estate to seek various types of compensation. These compensatory damages are designed to provide financial relief and acknowledge the intangible losses suffered due to a loved one’s untimely death. The types of compensation that may be recovered include:

  • Funeral and burial costs: The family can recover the expenses associated with funeral services and burial or cremation.
  • Lost wages plus benefits: Financial support that accounts for the wages and benefits the deceased should have earned had they lived until retirement is recoverable.
  • Loss of love, companionship, and support: Monetary recognition is possible for the loss of emotional support, companionship, affection, and guidance the deceased provided.
  • Punitive damages: In some cases, if the actions leading to death were particularly egregious, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.

Each of these categories represents a critical component of the total compensation pursued in a wrongful death claim in California, offering a semblance of financial stability and justice for the survivors. However, in California, the train collision claim must be filed within two years, which represents the statute of limitations. Because witnesses move away and evidence can disappear in that time period, enlisting the help of a wrongful death lawyer soon afterward improves the family’s chance at recovering the compensation they deserve. 

Torem & Associates: Car Accident Representation

Our experienced team at Torem & Associates handles all types of car accident injury and fatality claims. If you want a free consultation to discuss your case, call us 24/7 at (800) 500-5000, or reach out to us online. We work hard to secure the maximum compensation for our clients. We operate on a contingency fee basis, meaning you only pay if we win your case.


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