What steps to take after sister's cargo train fatality in CA?

Question

I am seeking legal assistance after my sister was fatally hit by a cargo train on March 8th. According to the initial coroner's report, she was walking on the tracks and the train captain sounded a warning but couldn't stop in time. We do not have any surveillance footage, and neither the train company nor any insurance company has contacted us. The area did not have any signs or barriers restricting access to the tracks. We have not yet pursued legal advice or contacted any organizations regarding this incident. What steps should I take, and what kind of lawyer should I contact to investigate this matter further?

Joel Gary Selik · Answer

I am so sorry for your loss.  
 
Do not speak with the insurance company or anyone else without an attorney.  
 
First step contact an experienced. There are a number of us on Justia.

Tim Akpinar · Answer

I'm very sorry for the loss of your sister. My colleagues have already correctly outlined the best single step to take, which would be to consult with an experienced injury/wrongful death attorney. The only thing I'd add is that it could be better to do that sooner than later, depending on the entities involved. Whether or not a law firm identifies a strong basis for a case (which could require a time-consuming investigation and gathering evidence), it would be advisable to learn all applicable timetables and deadlines right from the start. If there are notice of claim elements (through public entities, IF APPLICABLE), that COULD mean very short filing deadlines that must be met to preserve one's rights in a legal claim. These deadlines are totally separate from state statutes of limitations. That's why better to act sooner than later in learning ALL APPLICABLE timetables here, case or no case. Good luck

James L. Arrasmith · Answer

I'm really sorry you're going through this. Losing a loved one this way is devastating, and it's completely understandable that you want answers and support right now. The first thing you should do is speak with a wrongful death attorney who has experience with railroad or transportation cases. They can help investigate whether the train company or property owner may have failed in their duty to keep the area safe. 
 
It's important to gather as much evidence as possible. Try to collect the coroner’s report, any witness statements, and photos or details about the area where the incident occurred. If the area lacked signs or barriers, that may be relevant to the case. An attorney can help request internal records from the train company, such as the train’s black box data or communications from that day. 
 
You should also consider filing a wrongful death claim to seek justice and financial compensation if negligence played a role. Time matters in these cases—California has a statute of limitations, so the sooner you act, the better. Don't wait for the company or insurance to reach out. You and your family deserve answers, and a legal advocate can help push for them.

Q: What steps to take after sister's cargo train fatality in CA?