·  Legal News, Analysis, & Commentary

News & Politics

Hit by a Train on a Motorcycle in Oakland: Can I Sue?

— April 4, 2023

In some situations, people have sued train companies for train crossings that are extremely unsafe.

One of the most dangerous aspects of riding a motorcycle in Oakland is the fact that every other vehicle on the road is bigger and heavier than yours. When you impact these vehicles, you always come off worse. But what happens when you collide with a vehicle that is even bigger than a passenger car? What happens when you collide with something that is even bigger than a semi-truck – such as a train? Can you work with lawyers to sue if you suffer injuries?

Motorcyclist Loses Life After Being Run Over by BART

Back in September of 2022, it was reported that a motorcyclist had lost their life after being hit by a train on the BART tracks. The incident began when a motorcyclist collided with a vehicle on a road. He was then ejected from his motorcycle and thrown onto the BART tracks. In the next few moments, a train approached and struck the motorcyclist, claiming his life. The incident was so severe that the entire BART service had to be stopped throughout Oakland. Police initially reported that the accident was still under investigation. BART immediately claimed that the accident was not their fault, stating:

“We shared the info and some took to twitter declaring the person was a junkie on our tracks and it is BART’s fault. We hope you all have since deleted your tweets.”

Can You Sue Bart for a Fatal Accident?

Gavel on copy of lawsuit; image by Wirestock, via
Gavel on copy of lawsuit; image by Wirestock, via

So can you sue BART for a fatal motorcycle accident? It really depends. In the aforementioned situation, BART would probably escape liability due to the circumstances of the crash. It is unclear what happened on the road, but it seems obvious that the initial accident involved another vehicle. It was this accident that threw the motorcyclist onto the tracks, and so any further legal action would probably involve the drivers involved in the initial crash. 

But that’s not to say that BART is completely shielded from all liability in these types of situations, however. There could be situations in which BART is held liable for motorcyclists dying on the tracks. For example, a motorcyclist might cross tracks legally before being struck by a train approaching without warning. A train might also become derailed before veering onto a road and striking a motorcyclist. In some situations, people have sued train companies for train crossings that are extremely unsafe, with blocked lines of sight and inadequate lights, bells, and other warning systems. 

Where Can I Find a Motorcycle Accident Lawyer in Oakland?

If you’ve been searching for experienced Oakland motorcycle accident lawyers, you needn’t worry: There are plenty of qualified California motorcycle accident lawyers waiting to assist you. With help from these motorcycle accident lawyers, you can explore your legal options and strive for the best results. Speak with your accident lawyers, and you can develop a solid action to provide compensation for medical expenses, missed wages, and other damages. 



If you have further questions about this article or legal concerns call 800-672-3103.

Join the conversation!