Union Pacific Employee Driving Front Loader Tractor / Excavator Severely Injured In Oakland Amtrak Train Accident By 50th Avenue and East 8th Street
OAKLAND, CALIFORNIA (July 16, 2022) – A Union Pacific employee was injured in an Oakland Amtrak train accident while clearing debris from the train tracks.
Alameda County police officials are saying that the accident took place around 11:00 a.m. on Friday. A Union Pacific employee was clearing the tracks of debris and trash when his tractor was struck by the Amtrak train.
The force of the impact cause the tractor to be flipped over. Firefighters and paramedics were called to the scene of the accident in order to help all of the victims.
The Union Pacific tractor driver was taken to the hospital with severe injuries. An Amtrak passenger was also injured but not taken to the hospital.
Hazmat crews were called to the scene to clear up a huge 700 gallon diesel fuel leak following the crash. A full investigation into the Amtrak train accident remains ongoing.
Liability In Oakland Train Accidents
Train accident deaths are far more common than many people realize. According to the National Safety Council, “Railroad deaths totaled 893 in 2021, a 20% increase from the 2020 revised total of 744 and the highest since 2007. Nonfatal injuries totaled 5,781, a 4% increase from the 2020 revised total of 5,544.” There are a number of factors that could potentially contribute to a train accident.
- The majority of train accidents occur at railroad crossings. Accidents are more likely to occur when those railroad crossings lack crossing signals.
- Train accidents are more likely to occur when train operators are not scanning the tracks ahead of them.
- Train accidents are more likely to occur at night and during other periods of low visibility.
Train tracks can be an extremely hazardous place to work. When a worker is injured on the job in California, they will typically have recourse through worker’s compensation. Worker’s compensation in California is based on a no-fault insurance scheme. In other words, there is no need for an injured worker to demonstrate negligence to receive aid. However, an injured worker should let their doctor know as soon as possible that they were injured on the job. An injured worker may also be able to seek aid through a third party liability claim. A third party claim may be possible when an entity separate from a worker’s employer contributed to an accident.
All train operators must operate their trains at a safe speed and scan the tracks ahead of them. Amtrak could potentially be liable for a train accident if a train operator failed to properly scan the tracks ahead of them. While a train operator cannot divert the path of the train, they can still take some actions to try and prevent collisions. This includes sounding their horns and applying their brakes when necessary. When work must be done on train tracks, there is typically an agreement between the train company and the maintenance company that no trains will be on the tracks for a certain period of time. If such an agreement is violated, this could also form the basis of a negligence claim. Victims of train accidents tend to suffer very serious and costly injuries including:
- Broken bones
- Head injuries
- Lacerations
- Spinal cord injuries
Any person that is injured in a train accident may have legal recourse through a bodily injury claim. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. Many victims do not realize the full extent of their injuries for several weeks or months after any accident. Unfortunately, train companies will often fight hard to deny liability for any accident. A train accident attorney can examine all of the facts of your case and let you know what your legal options are.
Investigating An Oakland Train Accident
We at TorkLaw extend our best wishes to the Union Pacific tractor driver injured in this Oakland Amtrak train accident? Any person that may have more information about what happened should reach out to investigators. It is our sincere hope that steps are taken to prevent other accidents like this.
Have you or someone that you love been injured in an Amtrak train accident? There are a number of laws designed to protect your rights. Our team of worker’s rights advocates are here to help in any way that we can. We care deeply that accident victims get the medical and financial support that they need in order to recover. Whether you just have legal questions or need a free, independent investigation into any accident we are here for you. You can reach out to us anytime at (888) 441-4991.
