Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents train and light rail accident victims throughout San Jose and Santa Clara County. San Jose sits at the center of multiple rail systems: the VTA light rail network running through downtown and across the valley floor; Caltrain, which runs along the Peninsula corridor from San Francisco to Gilroy with a major station at Diridon; and the Capitol Corridor Amtrak service connecting San Jose to Sacramento and the Bay Area. Each system involves a different operator, different federal and state regulatory requirements, and different claims procedures.

VTA Light Rail — Government Claims Act

VTA is a public entity. A claim arising from a VTA light rail accident — whether a passenger injury, a collision at a grade crossing, or a pedestrian strike — is subject to the Government Claims Act. Government Code § 911.2 requires a written claim to be filed with VTA within six months of the incident. Missing this deadline can potentially bar a lawsuit against VTA. After rejection of the claim, Government Code § 945.6 requires that a lawsuit be filed within six months. Tolling doctrines may apply — contact Attorney Michael Rehm to assess the specific timeline in your case.

Caltrain

Caltrain is operated by the Peninsula Corridor Joint Powers Board, a joint powers authority composed of three Bay Area transit agencies. The JPB is a public entity, and the Government Claims Act applies to Caltrain accident claims on the same six-month timeline. Caltrain operates on dedicated track with at-grade crossings throughout Santa Clara County. Grade crossing accidents — where a vehicle enters the tracks at a crossing and is struck by a train — are a recurring source of catastrophic injuries and wrongful deaths.

Federal Preemption — FRSA

Railroad operations are governed in part by the Federal Railroad Safety Act, codified at 49 U.S.C. § 20101 et seq. The FRSA preempts state law claims in areas where the Federal Railroad Administration has issued regulations covering the subject matter — including track standards, train operations, and warning device requirements at grade crossings. Whether federal preemption applies to a specific claim depends on whether an FRA regulation covers the precise conduct at issue. Preemption is a defense the railroad will raise; it does not automatically bar all state tort claims arising from a railroad accident.

Common Carrier Duty of Care

As common carriers, VTA, Caltrain, and Amtrak owe their passengers the highest duty of care under Civil Code § 2100 — the utmost care and diligence for safe carriage and a reasonable degree of skill. This standard is higher than the ordinary care standard that applies to most defendants under Civil Code § 1714(a).

Grade Crossing Accidents

Grade crossing accidents may involve claims against the railroad for inadequate warnings or visibility, against the public entity responsible for maintaining the crossing, and against the driver of the vehicle involved. Where the crossing warning devices — gates, lights, horns — failed to operate or were deficient, both the railroad and the entity responsible for the crossing infrastructure may be liable. Federal regulations under 49 C.F.R. Part 234 govern warning system failures and impose maintenance and inspection obligations on railroads.

Damages

Civil Code § 3333 provides that damages include all detriment proximately caused by the defendant's negligence, whether anticipated or not. Civil Code § 3283 allows recovery for future losses reasonably certain to occur. Recoverable damages include past and future medical expenses, lost earnings, pain and suffering, emotional distress, and loss of enjoyment of life.

Santa Clara County Superior Court

Train and light rail accident cases filed in San Jose are heard at the Santa Clara County Superior Court, 191 N. First Street, San Jose, CA 95113. All limited and unlimited civil cases must be filed at the Downtown Superior Court under Local Civil Rule 1(C). E-filing is mandatory for represented parties. Cases estimated to take more than one day at trial require a Mandatory Settlement Conference before the trial assignment hearing, with the MSC Statement due no later than five court days before the conference.

Related Pages

• San Jose Personal Injury Attorney
• San Jose Bus Accident Attorney
• San Jose Car Accident Attorney
• San Jose Wrongful Death Attorney
• San Jose Traumatic Brain Injury Attorney

Attorney Michael Rehm handles train and light rail accident cases throughout San Jose and Santa Clara County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.