When a train crashes, the damage is immediate—but the aftermath can stretch on for years. In a single moment, your life can be changed by a derailment, a collision at a crossing, or a strike involving a loved one on or near the tracks. These aren’t simple accidents. They involve powerful rail companies, complex safety systems, and serious injuries or death. Victims and families are often left in the dark while those responsible stay quiet and shift blame. You deserve more than silence. You deserve answers, accountability, and a team that’s willing to fight to get you both.
At Siegal & Richardson, LLP, our attorneys have the experience, grit, and skill it takes to go up against big railroad corporations, transit agencies, and their insurance companies. We understand how these cases work—and we don’t back down. Our focus is on helping you get the financial support and justice you need to rebuild your life. In this piece, Siegal & Richardson, LLP explains important information about train accident cases, including the legal options available to victims and how a Berkeley train accident lawyer can fight on the victim’s behalf to obtain compensation and justice.
Train Operators You’ll See in Berkeley and Nearby Areas
Bay Area Rapid Transit (BART) — This is the main commuter rail system serving Berkeley and much of the Bay Area. BART runs electric trains through stations like Downtown Berkeley, North Berkeley, and Ashby, connecting residents to San Francisco, Oakland, and beyond. Trains run both above and below ground and are heavily used during peak hours.
Amtrak Capitol Corridor — Amtrak operates the Capitol Corridor line, which runs through nearby Emeryville and Richmond. It connects Sacramento to San Jose, stopping in major East Bay cities. These trains carry passengers over longer distances and share tracks with freight services, making safety coordination essential.
Caltrain (in broader Bay Area) — While Caltrain doesn’t pass directly through Berkeley, it operates heavily in the Peninsula and connects San Francisco with San Jose. It may be relevant for residents who commute or travel frequently in the South Bay.
AC Transit (Rail-Adjoining Bus Service) — Although not a rail operator, AC Transit is the local bus system that often intersects with train stations and crossings. Many train-related incidents happen where buses, bikes, or pedestrians share close quarters with railways.
Types of Train Accidents
Derailments — When a train leaves the tracks, the results can be devastating. These accidents often happen because of broken rails, track obstructions, or excessive speed. In some cases, poor maintenance or outdated infrastructure plays a role. Whether it’s a freight train, a BART commuter line, or an Amtrak route, derailments can cause widespread injuries and major damage.
Train Collisions — Crashes between trains can happen when signals fail, dispatchers make mistakes, or engineers lose control. Head-on collisions, rear-end crashes, and side-swipes are the most common. These usually occur on shared track systems and in busy rail corridors, especially where passenger and freight services overlap.
Crashes at Crossings — Trains often collide with cars, trucks, or even pedestrians at public and private crossings. Some accidents happen because warning lights or gates don’t work properly. Others occur when drivers try to beat a train through a crossing. Poor visibility, confusing signage, and blocked sightlines can also contribute to these crashes.
Pedestrian Strikes — People on or near the tracks are at high risk. This includes those crossing illegally (known as trespassing) and those at stations, sidewalks, or trails near the rail line. Fast-moving trains, quiet electric engines, and blind corners all make it harder for pedestrians to hear or see the train coming until it’s too late.
Mechanical Failures and Malfunctions — Trains rely on many moving parts, and when something breaks, it can lead to disaster. Common issues include brake failure, wheel defects, and electrical problems. Sometimes train cars are loaded unevenly or not properly maintained, which makes them more likely to fail under stress.
Spills from Freight Trains — Some trains carry hazardous materials like chemicals or fuel. If a derailment or crash happens, these substances can leak or explode, harming anyone nearby. In California, the Public Utilities Code regulates the transport of hazardous cargo by rail, and violations can lead to dangerous consequences for whole neighborhoods. Even small leaks can cause health problems, fires, or environmental damage that lasts for years.
Common Injuries Caused by Train Accidents
Spinal Cord Injuries — Crashes that throw passengers or workers inside or outside the train can put extreme force on the spine. That kind of trauma may lead to nerve damage, chronic pain, or paralysis.
Traumatic Brain Injuries — A head injury can happen if you’re thrown into a wall, struck by luggage, or fall to the ground during an accident. This can lead to long-lasting effects like dizziness, memory problems, mood swings, or even permanent brain damage.
Burns and Chemical Exposure — Some trains carry fuel or chemicals, and when they leak or catch fire, you might suffer burns or breathing issues. These burns can range from surface-level to deep tissue damage and may require skin grafts or long-term care.
Crush Injuries and Amputations — When body parts are trapped between metal or pinned under wreckage, the pressure can damage muscles, bones, and nerves. In severe cases, the injury may require amputation or be deadly.
Internal Injuries — Forceful impacts can damage internal organs like the lungs, liver, or intestines. You might not see these injuries from the outside, but they can be life-threatening without fast medical treatment.
Broken Bones and Joint Injuries — It’s common to suffer fractures or torn ligaments during a violent impact or sudden stop. Arms, legs, ribs, and hips are all vulnerable in a train crash or derailment.
Emotional and Psychological Trauma — Even if you aren’t physically hurt, the shock of a serious train accident can stay with you. People often experience anxiety, nightmares, or post-traumatic stress in the weeks or months after an incident.
Determining Who Is Liable After a Train Crash in Berkeley
Railroad Companies — Operators like Amtrak or BART can be liable if poor maintenance, unsafe tracks, or employee mistakes contributed to the accident. Under California law, these companies are required to provide reasonably safe conditions for passengers, workers, and the public. Failing to maintain brakes, signals, or crossings may open them up to legal claims.
Government Agencies — Public entities might share responsibility when they own the tracks, crossings, or signals. If a city fails to fix a malfunctioning crossing gate or doesn’t keep overgrown brush trimmed near train lines, they could be liable under the California Tort Claims Act, which sets rules for suing public agencies.
Train Manufacturers and Equipment Suppliers — Companies that make railcars, brakes, or signaling systems could be held accountable if their parts failed and caused the crash. Under California Civil Code § 1714.45, victims may bring product liability claims for manufacturing defects, design flaws, or inadequate warnings.
Drivers of Private Vehicles — If someone tries to beat a train at a crossing or ignores signals, they can be partly or fully at fault. These cases often involve shared liability, and California’s comparative fault system (Civil Code § 1431.2) allows victims to recover damages even if they’re partially to blame.
Railroad Employers — Workers injured in train accidents may be covered under the Federal Employers Liability Act (FELA), but when claims are brought in California courts, those protections often work alongside state labor and safety codes.
What a Berkeley Train Accident Lawyer Does
Train accident cases aren’t like regular car crash or slip-and-fall claims. These incidents involve state safety regulations, railroad operation laws, and multiple possible defendants—each with their own insurance and legal teams. A Berkeley train accident lawyer understands how to gather evidence quickly, work with accident reconstruction experts, and preserve key information from railroad operators who might otherwise delay or deny access.
When it comes to compensation, your lawyer will handle everything from filing claims with the right insurance companies to building a strong case for damages in court, if needed. In personal injury cases, your lawyer can help you recover for hospital bills, long-term medical care, lost wages, emotional suffering, and disability. In wrongful death cases, they’ll pursue compensation for funeral expenses, lost future earnings, and the emotional loss of a loved one. California Code of Civil Procedure § 377.60 outlines who may bring a wrongful death claim. Whether you were a passenger, a pedestrian, a worker, or a family member of someone who died in a train crash, an experienced lawyer can guide you through a complex legal process and fight to get you what you’re owed. Most importantly, they know how to go up against powerful rail corporations and government agencies—and win.
Common Questions About Train Collision Cases
Who pays for my medical bills after a train crash?
The at-fault party’s insurance pays your medical bills. A lawyer can help identify all possible sources of coverage and file the claim correctly under California law.
How soon do I need to contact a lawyer?
You should talk to a lawyer right away. Fast action helps preserve evidence, meet deadlines, and stop rail companies from denying or hiding their role in the crash.
Do I need to pay a lawyer up front for this?
No. Most train accident attorneys work on contingency. That means they only get paid if you win a settlement or verdict. You pay nothing up front for legal help.
Can I sue if I was also at fault?
Yes. California uses a comparative fault system (Civil Code § 1431.2), so you can still recover damages even if you were partly responsible for the accident.
What kind of proof do I need for my case?
You need medical records, photos, eyewitness reports, train data, and sometimes expert analysis. A lawyer can help collect and protect all the evidence you’ll need.
What’s the deadline to file a train accident lawsuit?
For personal injury, it’s usually two years. If a government agency is involved, you must file a claim within six months (Government Code § 911.2). Don’t wait.
Should I talk to the railroad’s insurance company?
No. Their goal is to minimize what they pay. Let your lawyer handle all communications. Saying the wrong thing could hurt your case or lower your compensation.
Can I sue if my spouse died in a train accident?
Yes. California Code of Civil Procedure § 377.60 lets spouses and other relatives file a wrongful death lawsuit for loss of support, funeral costs, and emotional damages.
Will my case go to trial, or will it settle?
Most cases settle out of court, but some go to trial. A good lawyer prepares both ways and pushes for a strong settlement while building a case for court if needed.
Berkeley Train Accident Attorney
Train accidents cause lasting devastation—serious injuries, disabilities, or death. If you’ve been affected, you shouldn’t face powerful railroad companies or insurance carriers alone. You want an experienced legal team that will fight for the justice you deserve. At Siegal & Richardson, LLP, our personal injury attorneys handle complex train accident cases across California, including Berkeley. Whether it’s a derailment, crossing crash, or fatal incident, we hold public transit, freight companies, and municipalities accountable. Our priority is your recovery, rights, and future.
Don’t wait. Call (510) 271-6720 or contact us online for a free consultation with a dedicated Berkeley train accident attorney.