Treat the six-month clock as running
Assume a public entity is involved until it is established otherwise, and protect the claim deadline first. Everything else can be developed afterwards; the deadline cannot be recovered.
Personal injury
Long Beach Train and Light Rail Accident Lawyer
Nearly every rail case in Long Beach involves a public entity, which puts it on a six-month deadline rather than two years. That single fact ends more valid rail claims than any defense ever does. The consultation is free.
Patrick S. AguirrePersonal injury attorney · Long Beach4.6 out of 5 from 41 Google reviews. 25+ years of experience Patrick handles your case personally
Call now 562-471-3512 Free consultation No fees or costs unless we win Callback request
Talk with our office
Leave your contact information and, if helpful, a short general summary. The office will follow up.
Thank you.
The office received your contact request. If your matter is urgent, call 562-471-3512.
The deadline
Six months, not two years
The Metro A Line terminates in downtown Long Beach, and Metro is a public entity. So are the cities whose streets the tracks cross, the Alameda Corridor Transportation Authority, and the ports. Where any of them is a defendant, Government Code 911.2 requires a written claim within six months of the injury, and Government Code 945.6 allows only six months to sue after that claim is rejected.
This is the practical heart of a rail case. Someone injured at a crossing who waits a year, reasonably believing they have two, will usually have lost the claim against the entity that was actually responsible. Late-claim relief exists but is discretionary, narrow, and not something to rely on.
Freight railroads such as Union Pacific and BNSF are private companies and are not subject to the government claim rule, but a single grade-crossing incident often involves both a private railroad and a public entity responsible for the crossing or the signals, so the short deadline has to be assumed from the start.
Sources: Government Code 911.2(a) — a claim for death or personal injury within six months of accrual; Government Code 945.6(a) — six months to sue once the claim is rejected; Government Code 835 — liability for a dangerous condition of public property.
Responsibility
Who can be liable in a rail case
A rail case usually has more than one defendant. The transit agency or railroad operating the train, for speed, horn use, braking, and crew conduct. The entity responsible for the crossing itself, for gates, lights, bells, sightlines, vegetation, signal timing, and pavement markings. A contractor that built or maintained the crossing or the signals. A manufacturer where equipment failed. And often a motorist.
Federal regulation matters here in a way it does not in ordinary injury cases. The Federal Railroad Administration sets requirements for warning devices, signal maintenance and inspection, and locomotive horn use at public crossings, and records of inspections, malfunctions, and prior incidents at the same crossing are obtainable. A crossing with a history of reported malfunctions or prior collisions is a materially different case from one without.
Federal preemption is a real limit that has to be assessed early: where federal law governs a particular subject, such as train speed within federally set limits, a state-law claim on that precise point may be preempted, while claims about crossing maintenance, sightlines, or negligent operation often are not.
Sources: 49 C.F.R. Part 222 — use of locomotive horns at public grade crossings; 49 C.F.R. Part 234 — grade crossing signal system safety and warning device maintenance.
Rail workers
FELA, if you work for the railroad
A railroad employee injured on the job is generally outside the workers’ compensation system entirely. The Federal Employers’ Liability Act provides a fault-based claim against the railroad, which means the worker must show employer negligence but, unlike workers’ compensation, can recover full damages including pain and suffering. The causation standard under FELA is notably relaxed compared with ordinary negligence.
FELA claims have a three-year limitation period under 45 U.S.C. 56, longer than California’s two years. Railroads investigate these incidents immediately and take statements early, and anything signed or recorded in the first days tends to matter later. Rail workers are also covered for occupational conditions, including hearing loss and cumulative trauma, on a discovery-based clock.
Sources: 45 U.S.C. 51 — the Federal Employers’ Liability Act; 45 U.S.C. 56 — the three-year FELA limitation period.
Passengers
Common carriers owe a higher duty
Civil Code 2100 requires a carrier of persons for reward to use the utmost care and diligence for their safe carriage, and to provide everything necessary for that purpose. That is a higher standard than ordinary negligence and it applies to passengers on trains, light rail, and buses.
It covers more than collisions: sudden stops, doors, platform gaps, boarding and alighting, and in some circumstances a failure to provide reasonable security. Where the carrier is a public entity, the higher duty and the six-month claim deadline apply together.
Sources: Civil Code 2100 — a common carrier must use the utmost care and diligence for passengers’ safety.
The first weeks
What to do immediately
Preserve the crossing and the equipment data
Locomotive event recorders, forward-facing video, signal and gate activation logs, and dispatch recordings all exist and all have retention limits. A preservation letter should go out immediately.
Photograph sightlines and vegetation
Crossings are trimmed, repaired, and resurfaced after incidents. The obstruction that caused the collision frequently is not there a month later.
Be careful with the railroad’s investigators
Railroads and transit agencies send investigators quickly and take recorded statements. For an employee with a FELA claim in particular, what is said and signed in the first days is used throughout the case.
The office
How the Law Offices of Patrick S. Aguirre handles rail cases
The office has represented injured people in Long Beach and across Los Angeles County for nearly three decades. In a rail case the first work is identifying every public entity that might be a defendant and protecting the six-month claim deadline, then obtaining the equipment and signal data before retention periods expire.
The firm has offices in Long Beach and Downey and speaks Spanish.
Frequently asked questions
Common questions
How long do I have to bring a claim after a train accident?
Usually six months, not two years, because most rail cases in this area involve a public entity such as Metro, a city, or a port authority. Government Code 911.2 requires a written claim within six months of the injury, and once it is rejected Government Code 945.6 allows only six months to sue. Claims against private freight railroads are not subject to that rule, but grade-crossing cases often involve both.
The gates were down and I went around them. Is there still a claim?
Possibly a reduced one. California uses pure comparative fault, so your own share reduces recovery rather than barring it. And the crossing itself is still examined: whether the gates and lights worked correctly, whether the warning time met the federal requirement, whether sightlines were obstructed, and whether the crossing had a history of malfunctions. Those records frequently change the picture.
I work for the railroad. Do I file workers’ compensation?
Generally no. Railroad employees are covered by the Federal Employers’ Liability Act rather than state workers’ compensation. FELA requires proving employer negligence, but allows recovery of full damages including pain and suffering, applies a relaxed causation standard, and has a three-year limitation period under 45 U.S.C. 56.
I was hurt as a passenger on the A Line. What standard applies?
Civil Code 2100 holds a common carrier to the utmost care and diligence for passengers’ safety, which is higher than ordinary negligence. Because Metro is a public entity, the six-month government claim deadline applies as well, so the higher standard and the shorter deadline operate together.
Selected case results
Personal injury results
A selection from 55 documented results
$2,850,000
Slip-and-fall matter
Premises liability
$320,000
Civil injury matter
Maricopa County, Arizona
$480,000
Slip-and-fall matter
Premises liability
$520,000
Civil injury matter
Maricopa County, Arizona
$360,000
Motor-vehicle collision
Los Angeles Superior Court
Client experiences
What clients say
★★★★★
Patrick and his staff were very helpful with taking care of all the bills and legalities, so we can focus on healing.
★★★★★
Got my money and my vehicle fixed. Don’t hesitate to give them a call.
★★★★★
Patrick helped me with a dog bite case. He was able to get me more than I expected and was easy to work with. … I would recommend his services.
★★★★★
Patrick is very reliable, trustworthy, and will definitely be able to help you out. Cost is very reasonable.
Meet your attorney
Law Offices of Patrick S. Aguirre
A Professional Law Corporation
The future of your case may depend on a successful outcome. It can be stressful to go through the legal process alone—but thankfully, you don’t have to.
The Law Offices of Patrick S. Aguirre will stand up for clients’ interests and rights, providing high-quality representation in personal injury cases and criminal defense matters throughout California from its Long Beach office.
We work with you and for your best interests. Our legal team is compassionate, hard-working, and tenacious—fighting to get the job done right when it matters most. No case is too complicated or insignificant for our full attention. Our clients may move forward into a brighter future free from worry about past mistakes.
We’re the legal team that never gives up. When you need an attorney who will fight for what’s right, turn to us, and we’ll do everything in our power to help. No matter how challenging your situation may seem, there is hope.
“Courage is the most important attribute of a lawyer.”
Robert F. Kennedy
Free consultation
Start your free consultation
Tell us how to reach you and the office will call you back to discuss your accident and your options.
Callback request
Talk with our office
Leave your contact information and, if helpful, a short general summary. The office will follow up.
Thank you.
The office received your contact request. If your matter is urgent, call 562-471-3512.