San Juan Capistrano Forklift Accident: San Juan Capistrano Pacific Surfliner Amtrak Train Accident Involving Forklift Injured Construction Worker
SAN JUAN CAPISTRANO, CALIFORNIA (August 18, 2019) – A construction worker was injured in an Amtrak train accident while he was operating a forklift.
San Juan Capistrano police are saying that the accident took place around 1:00 p.m. The Pacific Surfliner Amtrak train struck the forklift being driven by a construction worker.
The train was going around 50 mph at the time of the accident. Firefighters and paramedics were called to the scene in order to help the construction worker who was described as being alert and conscious.
The construction worker was transported to a hospital in Mission Viejo as a trauma patient. An investigation into the train accident that hit the forklift operator remains ongoing at this time.
Liability In Train Accidents
According to the Federal Railroad Administration, there were 2,214 train collisions in 2018 that resulted in 819 injuries and 2710 fatalities. The truth of the matter is that trains can be deceptively dangerous. Most victims aren’t even aware of their presence until it’s too late. If a construction worker was working at the time of the accident they may have legal recourse through a worker’s compensation claim.
According to the California Department of Industrial Relations Workers Compensation Guidebook, “If you get hurt on the job, your employer is required by law to pay for workers’ compensation benefits.” Benefits from a workers compensation claim may include:
- Money for medical care resulting from an accident.
- Temporary disability benefits while a worker is recovering from an accident
- Permanent disability benefits if a worker is unable to return to work
What many workers don’t realize is that workers compensation may not be their only recourse. Employees are barred by statute from bringing civil claims directly against their employers. However, if a company separate from a worker’s employer was responsible from an accident they could be held liable through a third party claim.
Construction projects are typically made up of a large blend of companies and contractors that must work together. If a general contractor failed to keep a work area safe they could be held liable through a bodily injury claim. For example, a general contractor could fail to take measures to prevent workers from being injured in train accidents. This could happen if workers are required to consistently cross train tracks or if construction projects are located too close to train tracks.
Damages in a personal injury claim can substantially help an injured worker recover after an accident. A personal injury attorney can investigate all of the facts of your case and let you know what your legal options are. There are, however, statute of limitations associated with being able to file a claim, so it is important to act quickly.
Getting Help After A Train Accident
We at West Coast Trial Lawyers extend our thoughts and prayers to the construction worker injured in this San Juan Capistrano train accident. We strongly encourage anyone that may have seen what happened to reach out to investigators. It is our sincere hope that measures will be put in place to prevent accidents like this in the future. Companies should be doing everything in their power to help keep their workers safe.
If you or someone that you love has been injured in a train accident you may have legal recourse. Our team of personal injury attorneys are here to answer any questions that you may have. We are committed to making sure that accident victims get the medical and financial support that they deserve. Whether you just have questions about your rights or need a free investigation into an accident we are here for you. You’re always welcome to reach out to us anytime at (888) 888-9285.