Tuesday, February 9, 2010

Two Passengers Injured in Trolley and US Postal Van Collision

In San Diego, two people were injured and had to be taken to the hospital after a U.S. Postal Service van crashed against a trolley.

The collision happened at Park Boulevard and G Street just before noon. Allegedly, traffic at G Street was stopped and the trolley had the green light when the mail van barreled right into it.

At least two passengers of the trolley were injured – a man in a wheelchair and a woman who was standing up inside the trolley when the crash occurred. The female driver of the van was reportedly uninjured.

There are many reasons why train/trolley accidents occur such as negligence on the part of the train operator/engineer/conductor, mechanical failure, derailment, lack of sufficient signals and guards, and collisions with pedestrians and other vehicles.

It is noticeable however, that most train collisions occur due to human factors. For example, the deadly train collision in Chatsworth happened when the engineer failed to stop at a signal because he was texting while on duty.

In this instance however, the trolley had the right of way at the time the collision occurred because it had the green light.

The US postal van on the other hand, did not have the right of way. It was the only vehicle that failed to stop long enough for the trolley to pass through. The driver was negligent when she failed to yield to the trolley had the green light is the proximate cause of the crash.

Under the law, a person’s negligence which causes injury to another rightfully gives rise to a personal injury claim. The trolley passengers, if they were suffered damages as a result of the accident may sue for compensation against the driver of the van and since trolleys are considered common carriers, also the operator of the trolley as negligence is often presumed on the part of a common when an accident occurs.

However, the liability as to injuries resulting from a trolley and van collision can be difficult to determine. It is advisable that victims seek the assistance of an expert personal injury lawyer who can effectively represent their claims.

Likewise, for personal injury claims in California, there is a statute of limitation of 2 years for filing a lawsuit so hiring the services of a personal injury lawyer should be a priority in case victims of train collision accidents want to recover damages.