Paul Van Der WaldeIf you have suffered significant injuries due to a mass transit accident, please contact our San Jose mass transit accident lawyers at Caputo and Van Der Walde – Injury & Accident Attorneys.
Our legal team is familiar with the claims process and, from our more than 85 years of collective experience, we have developed the most effective legal strategies regarding mass transit accident claims.
Ready to begin? Seek compensation with our team! Contact us today to schedule your free case evaluation.
Recent Results:
- $3,000,000 Recovered: Injury onboard a SCTVA bus resulting in Complex Regional Pain Syndrome (CRPS)
- $2,650,000 Recovered: Transit rider in wheelchair that tipped over due to a failure to properly secure the wheelchair. Plaintiff was paraplegic and sustained a rotator cuff injury resulting in loss of ability to self-ambulate. This verdict resulted in a Trial Lawyer of the Year Award.
Common Causes of Mass Transit Accidents
Mass transit companies like the Santa Clara Valley Transportation Authority and AMTRAK serve countless residents of Northern California every day. Trains, buses, and other types of mass transit vehicles can be seen streaming throughout the region’s many cities, packed with people who are on their work commutes and travelers from all around the country. While most reach their destinations without incident, some, unfortunately, become victims of mass transit accidents, the magnitude of which can be devastating.
Most mass transit vehicles are considered “common carriers,” meaning the companies that own them are held to the highest duty of care and must keep each and every paying customer safe while they are in their vessels.
A transportation company may be held liable for passenger injuries if they were caused by any of the following:
- Driver error
- Poor maintenance of the vehicle
- Derailment
- Equipment failure
- Collisions with other trains, motor vehicles, or pedestrians
Transportation companies generally have resourceful and powerful insurance companies backing them. It is common for insurance companies to send agents to an accident scene to preemptively build a case to protect against impending claims.
An attorney should be hired immediately after a mass transit accident so he or she can get started on an investigation right away. By gathering material evidence, witness statements, and expert testimony, he or she should be able to counter the work of insurance agents and make a clear case for the transportation company’s liability.
Recovering Damages after a Mass Transit Accident
Victims and their loved ones may seek coverage for damages incurred in a mass transit accident by filing either a personal injury claim or a wrongful death lawsuit.
The following damages may be awarded in a settlement:
- Medical costs
- Funeral expenses
- Loss of future earnings
- Loss of benefits
- Loss of future inheritance
- Loss of parental guidance
- Loss of spousal companionship, protection, and care
- Pain and suffering
- Punitive damages if the defendant’s actions were egregious
It is important to get in touch with a mass transit accident attorney in San Jose and file a claim as soon as possible. Most mass transit entities are affiliated with the government, which means claims against them are subject to special notice requirements and deadlines. If you fail to file a claim before the appropriate deadline for your case, then you automatically relinquish the right to compensation. This is why you should consult with a lawyer as soon as possible.
Dependable Mass Transit Accident Lawyers Serving Santa Clara County
Going up against big transportation companies may seem like a losing proposition; however, with the right attorney by your side, you may have more than a fighting chance at winning your case. Caputo and Van Der Walde – Injury & Accident Attorneys has a proven track record of success.
Contact our offices today to receive a case evaluation. We will be honest with you about your chances and, if your claim is viable, fight aggressively for your recovery.