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Sacramento Train Accident Lawyer

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Trusted Train Accident Attorneys in Sacramento

Train accidents can have life-altering consequences, leaving victims with serious injuries, emotional distress, and significant financial burdens. In Sacramento, victims of train accidents often face a complex and daunting legal process. That’s where the expertise of an experienced Sacramento train accident lawyer comes in. At Arnold Law Firm Accident & Injury Attorneys, we are committed to helping you navigate this difficult time, ensuring you receive the compensation you deserve.

With years of experience and a strong track record of success, our Sacramento train accident attorneys have earned a reputation for aggressively pursuing justice for train crash victims. Whether you’re dealing with catastrophic injuries, like traumatic brain injuries, spinal injuries, or amputation, or seeking compensation for more common injuries such as soft tissue damage, our team has the knowledge and resources to fight for you. 

At Arnold Law Firm Accident & Injury Attorneys, we focus on securing the best possible outcomes for our clients through effective train accident settlement negotiations and strategic litigation. Our commitment to your case is reflected in the numerous client testimonials from individuals we’ve helped throughout Sacramento. For more insights, take a look at the client testimonials page and see how we’ve made a difference for our clients.

If you’re searching for a train accident lawyer near you, Arnold Law Firm Accident & Injury Attorneys offers a free consultation with our train attorneys to discuss your legal options and begin the path to recovery. Reach out to us today at Arnold Law Firm Accident & Injury Attorneys and let us help you seek the compensation you deserve.

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SETTLEMENT

$60,000,000

Data Breach

The Arnold Law Firm reached a settlement in the Morgan Stanley data breach class action lawsuit.

Learn More

SETTLEMENT

$18,276,000

Qui Tam / Whistleblower

A whistleblower case exposing fraudulent practices in the state of California resulted…
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SETTLEMENT

$17,000,000

Data Breach

The Arnold Law Firm reached a settlement in the Kemper and Infinity data breach…
Learn More

SETTLEMENT

$17,000,000

Data Breach

The Arnold Law Firm reached a settlement in the Kemper and Infinity data breach…
Learn More

SETTLEMENT

$8,000,000

Truck Accident

Late one spring afternoon, the Arnold Law Firm received a call from Angela, a young…
Learn More

JUDGEMENT

$3,900,000

Car Accident

The fatal collision between plaintiff’s Jeep Liberty and defendant’s Volvo truck…
Learn More

What Should You Do After a Train Accident?

Being involved in a train accident can be a traumatic experience, but knowing the right steps to take immediately afterward can help protect your health and your legal rights. If you or a loved one has been injured in a train accident, it’s crucial to follow these steps to ensure you receive the medical care and compensation you deserve. Here’s what you should do after a train crash:

1. Seek Medical Attention

Your health and safety should always come first. Even if you don’t feel injured right away, it’s important to seek medical attention as soon as possible. Injuries such as spinal injuries, traumatic brain injuries, or internal damage may not be immediately visible but can have serious, long-term consequences. Prompt medical attention not only ensures your well-being but also helps document your injuries, which is essential for filing a train accident claim.

2. Document the Scene

Collecting evidence is critical in a railroad injury lawsuit. Take photographs and videos of the accident scene, including the train, surrounding vehicles, and any visible damages. Capture any relevant details like skid marks, debris, and weather conditions. Be sure to gather contact information from witnesses and law enforcement officers who respond to the incident. These pieces of evidence can help strengthen your case in train accident settlement negotiations.

3. File a Police Report

Filing a police report creates an official record of the accident. It will document key details of the incident, including the date, time, location, and involved parties. The report may also indicate who was at fault or if any traffic violations occurred. This information can be crucial for your train accident lawyer near you as they work to secure compensation for train accident injuries.

4. Contact an Experienced Attorney

As soon as possible, consult with an experienced train accident lawyer. An attorney who specializes in train crash law in Sacramento can guide you through the legal process, from gathering evidence to negotiating a fair settlement. Arnold Law Firm Accident & Injury Attorneys’ team of train injury lawyers is well-versed in train accident law and can help protect your rights. We will work tirelessly to secure the best possible outcome for your case.

Don’t wait—contact us for a free consultation with our train attorneys and get the expert legal help you need right now.

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What Are the Common Causes of Train Accidents in Sacramento?

Train accidents often result from a combination of factors. Identifying the root cause is crucial for building a strong case for compensation for train accident injuries. In Sacramento, common causes include human error, mechanical failures, poor track maintenance, and adverse weather conditions. Here’s a closer look:

  1. Operator Error
    Human error is one of the most common causes of train accidents. Distractions, fatigue, or failure to follow safety protocols can lead to devastating crashes. When investigating an accident, a train crash lawyer Sacramento will review the operator’s actions to determine if negligence played a role. Proving operator error is essential for establishing liability in a railroad injury lawsuit.
  2. Mechanical Failures
    Trains are complex machines, and any malfunction—such as brake failure or damaged components—can result in a catastrophic accident. Train injury lawyers often collaborate with experts to assess the mechanical condition of the train, determining if a defect contributed to the incident.
  3. Poorly Maintained Tracks
    Poorly maintained tracks, including cracked rails or obstructed tracks, are common causes of accidents. Regular maintenance is critical for safety. If track negligence contributed to the crash, a railroad accident attorney can help hold the responsible party accountable for failing to maintain the tracks.
  4. Adverse Weather Conditions
    Severe weather, such as heavy rain, fog, or high winds, can make it difficult for operators to see or stop in time. While weather-related accidents can be unavoidable, if the operator failed to adjust speed or exercise caution, they may still be held liable for the crash.

Identifying the cause of the accident is critical for determining liability and building a strong case. A Sacramento train accident attorney can help you navigate these complex issues and fight for the compensation you deserve.

What Are the Most Common Train Accident Injuries?

Train accidents often lead to severe injuries that can have lasting physical, emotional, and financial impacts. Here are some of the most common injuries caused by train crashes:

  1. Fractures and Broken Bones
    The force of a train crash can cause severe fractures, including broken arms, legs, ribs, and even the spine. These injuries often require surgery, hospital stays, and long-term rehabilitation. If you’ve suffered soft tissue injuries in addition to fractures, a train injury lawyer can help ensure you receive compensation for all damages.
  2. Traumatic Brain Injuries (TBI)
    A TBI, resulting from a blow to the head, can cause cognitive impairments, memory loss, and emotional changes. Compensation typically covers a wide range of treatments, from emergency care to long-term rehabilitation. If you’re dealing with TBI, a Sacramento train accident attorney can help you pursue the compensation you deserve.
  3. Spinal Cord Injuries
    Damage to the spinal cord can lead to partial or full paralysis, requiring ongoing care, surgeries, and therapy. Spinal injury lawyers work to secure compensation for lifelong medical needs and assist with catastrophic injury settlements.
  4. Burns and Lacerations
    Accidents involving fires or hazardous chemicals may result in serious burns. These injuries often require extensive treatment and can cause permanent scarring. Burn injury claims can cover medical costs and the emotional toll of disfigurement.
  5. Neck and Back Injuries
    Sudden impacts during a train crash can cause neck and back injuries, including soft tissue damage and herniated discs, leading to chronic pain. A neck and back injury lawyer can help recover compensation for treatment, lost wages, and pain and suffering.

If you or a loved one has been injured in a train accident, it’s crucial to seek immediate medical care and document your injuries. A Sacramento train accident lawyer can guide you through the process of filing a claim and help secure the compensation you need for a full recovery.

For more information on how to navigate the legal process, explore our blog on filing a train accident claim or reach out to us directly to schedule a free consultation with our train attorneys.

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What Are California’s Laws on Train Accidents?

California law includes specific provisions that affect the way train accident claims are handled. If you’ve been involved in a train accident, it’s essential to understand these laws to protect your rights and ensure you receive the full compensation you deserve. A Sacramento train accident lawyer can guide you through the process and help you navigate these legal requirements.

1. Comparative Negligence

California follows a comparative negligence rule, meaning that if you are partially responsible for the accident, your compensation may be reduced in proportion to your degree of fault. For example, if you’re found to be 20% at fault for the train crash, your compensation would be reduced by 20%. 

2. Statutes of Limitations

In California, the statute of limitations for filing a train accident claim is generally two years from the date of the accident. This means that if you do not file your personal injury lawsuit within two years, you may lose your right to seek compensation. Prompt action is vital, as important evidence can be lost over time, and witnesses may forget critical details. 

3. Filing a Railroad Injury Lawsuit

If you need to file a railroad injury lawsuit, it’s important to understand how California’s legal system works in cases involving train accidents. A train crash law firm Sacramento can help you gather evidence, negotiate with insurance companies, and ensure you meet all legal requirements to file your claim successfully.

For more information, read our guide on what counts as personal injury in California.

Who Can File a Wrongful Death Claim After a Train Accident?

If a loved one has tragically lost their life in a train accident, you may have the right to file a wrongful death claim under California law. This type of legal action can be filed by spouses, children, and parents of the deceased. The purpose of a wrongful death claim is to help surviving family members recover from the emotional, financial, and practical losses they’ve suffered due to the unexpected death.

What Compensation is Available in a Wrongful Death Claim?

In a wrongful death case, the types of compensation available will depend on the specific circumstances of the accident and the losses endured by the family members. Common forms of compensation include:

  • Funeral and Burial Expenses: These can be significant, and wrongful death claims often help families cover these unexpected costs.
  • Loss of Financial Support: If the deceased was a primary income earner, compensation may include the loss of future income and benefits that would have been provided to the family.
  • Emotional Distress and Pain: The loss of a loved one is emotionally devastating. California law allows for compensation for the mental anguish and emotional distress caused by the death.
  • Loss of Consortium: This refers to the loss of companionship, comfort, affection, and care that the deceased would have provided to their family members. It can be especially significant in cases where the deceased was a spouse or parent.

Additionally, if the deceased had suffered traumatic brain injuries, spinal injuries, or other severe injuries before passing away, compensation may also be sought for medical expenses, pain and suffering, and other losses related to those injuries.

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How Can a Sacramento Train Accident Lawyer Help?

If you’ve been injured in a train accident, a Sacramento train accident lawyer from Arnold Law Firm Accident & Injury Attorneys can help secure the compensation you need to recover. Here’s how:

1. Thorough Investigation and Evidence Gathering

A train crash lawyer in Sacramento will investigate the cause of the accident, gathering evidence like photos, witness statements, and police reports. They’ll also examine train maintenance records and accident data to identify causes such as operator error, mechanical failure, or poorly maintained tracks. Understanding the cause of the accident is crucial for proving liability in a railroad injury lawsuit.

2. Handling Insurance Claims and Negotiations

Dealing with insurance companies after a train crash can be difficult. A train injury lawyer will handle negotiations to ensure you receive fair compensation for train accident injuries. This includes not only covering medical bills and lost wages but also future treatment costs and rehabilitation, helping you avoid lowball settlement offers.

3. Accurately Calculating Damages

An experienced Sacramento personal injury attorney will help calculate all damages, including immediate and long-term medical costs, lost income, pain and suffering, and emotional distress. Whether you’ve suffered a spinal injury, traumatic brain injury, or chronic pain, your attorney will make sure all aspects of your recovery are covered in your claim.

4. Successful Train Accident Settlement Negotiations

With train accident settlement negotiations, having an experienced lawyer is crucial. At Arnold Law Firm Accident & Injury Attorneys, we’ve successfully helped many clients secure the best injury lawyer in Sacramento and achieve maximum compensation, either through settlement or litigation.

If you’ve been involved in a train crash, it’s important to act quickly. Filing a train accident claim early is vital for preserving evidence and meeting deadlines. For a free consultation with our train attorneys, contact Arnold Law Firm Accident & Injury Attorneys today.

For more details, check out our client testimonials or learn more about train accident claims.

What Compensation Can You Recover After a Train Accident?

If you’ve been injured in a train accident, you may be entitled to compensation for a variety of damages. A Sacramento train accident lawyer from Arnold Law Firm Accident & Injury Attorneys can help ensure you receive the full compensation you’re entitled to. Here’s a breakdown of common types of compensation:

1. Medical Bills

Train accidents often result in significant medical costs, including emergency treatment, hospital stays, and ongoing rehabilitation. Your train injury lawyer will ensure all current and future medical expenses are covered, from surgeries to long-term care.

2. Lost Wages

If your injuries prevent you from working, you can seek compensation for lost wages. A Sacramento train accident attorney will calculate both your past lost income and future earnings, especially if your injuries cause long-term disability or impact your ability to work.

3. Pain and Suffering

In addition to medical costs and lost wages, you may be entitled to compensation for physical and emotional distress. A train crash lawyer Sacramento can help quantify your pain and suffering and advocate for fair compensation during train accident settlement negotiations.

4. Future Care Costs

Severe injuries like spinal cord damage or brain injuries may require long-term care. Your attorney will factor in these future costs to ensure you are not left financially burdened in the years ahead.

5. Other Damages

You may also be eligible for compensation for property damage or emotional distress, including catastrophic injury settlements for severe injuries like amputation or spinal injury.

With the help of a skilled railroad accident attorney, you can navigate the complexities of filing a train accident claim and securing the maximum possible compensation. Contact Arnold Law Firm Accident & Injury Attorneys for a free consultation with our train attorneys and let us fight for your rights.

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Why Choose Arnold Law Firm Accident & Injury Attorneys for Train Accident Cases?

At Arnold Law Firm Accident & Injury Attorneys, our Sacramento train accident lawyers have extensive experience handling complex train injury and railroad accident cases. With years of success in securing favorable outcomes for victims of train accidents, we are deeply committed to getting you the compensation you deserve. Our team of dedicated train accident attorneys understands the unique challenges of filing a train accident claim and will stand by you every step of the way.

We have a proven track record of securing compensation for victims of traumatic brain injuries, spinal injuries, burn injuries, and other catastrophic injuries that result from train crashes. From train accident settlement negotiations to railroad injury lawsuits, we leverage our expertise to fight for your rights. Whether you’ve suffered neck and back injuries or amputation and limb loss injuries, we’ll work to maximize your compensation and ensure that all your medical, emotional, and financial losses are accounted for.

We offer a free consultation with our train attorneys, where we’ll assess your case and explain how we can help. Our reputation as one of the best injury lawyers in Sacramento comes from our focus on personalized, results-driven representation.

Our Train Accident Attorneys in Sacramento Will Fight For You

If you or a loved one has been injured in a train accident, it’s crucial to seek experienced legal representation. At Arnold Law Firm Accident & Injury Attorneys, our Sacramento train accident lawyers are dedicated to securing justice and compensation for train accident injuries. Whether you’ve sustained a spinal injury, traumatic brain injury, or burn injuries, we have the expertise to guide you through the legal process and fight for your rights.

Don’t navigate the aftermath of a train accident alone. Contact Arnold Law Firm Accident & Injury Attorneys today for a free consultation with our train attorneys. We’ll review your case and explain your legal options with no obligation. Our experienced team is here to help you take the first step toward recovery. Call us now or visit our contact page to get started.

LATEST NEWS

Treble Damages in California Trucking Cases

justice4you January 30, 2026

California law provides a specific statutory remedy for victims injured by impaired commercial vehicle drivers when their employers fail to meet federal safety requirements. Understanding when treble damages apply—and how they differ from standard punitive damages—is crucial for truck accident victims seeking maximum compensation. What Are Treble Damages? Treble damages allow injured parties to recover three times their actual damages under specific legal circumstances. In California trucking cases, this remedy is narrowly defined and differs significantly from general punitive damages available in other personal injury cases. California Civil Code § 3333.7: Statutory Treble Damages Requirements for Recovery Under California Civil Code § 3333.7, injured parties may recover treble damages from a commercial motor vehicle driver’s employer when all of the

California Trucking Accidents: Standards of Care

justice4you January 29, 2026

California law establishes different standards of care for trucking operations depending on the type of service provided. While most commercial trucking companies transporting freight are subject to ordinary negligence standards, federal motor carrier safety regulations impose enhanced duties that can significantly affect liability in truck accident cases. Key Takeaways: Commercial carriers of goods generally DO NOT have the duty of “utmost care” Federal Motor Carrier Safety Regulations (FMCSRs) DO create heightened standards in specific situations Large truck drivers must exercise greater caution than ordinary motorists Licensed motor carriers have nondelegable safety duties Common Carrier Standard: When Does “Utmost Care” Apply? The Enhanced Duty for Passenger Transportation California Civil Code section 2100 requires carriers of persons for reward to use “the

Punitive Damages in California Personal Injury Cases

justice4you January 28, 2026

What Are Punitive Damages? Punitive damages are extra money a court can order a wrongdoer to pay, on top of the money that compensates an injured person for medical bills, lost wages, and pain and suffering. The main goal of punitive damages is not to repay the victim, but to punish especially bad behavior and to discourage similar conduct in the future. Think of punitive damages as a financial penalty for conduct that is much worse than ordinary carelessness. In California, punitive damages are not common. They are reserved for cases where the defendant’s conduct is particularly harmful, intentional, or shows a conscious disregard for the safety or rights of others. Most personal injury cases involve simple negligence (for example,

Settlement - $3,900,000

Car Accident

The fatal collision between plaintiff’s Jeep Liberty and defendant’s Volvo truck left Ryan Eisenbrandt’s surviving wife and parents with a judgment of $3.9 million, but the defendant’s insurance company refused to pay. This resulted in a second, intense legal battle between Plaintiffs and Defendant’s insurance company.

During the pendency of the wrongful death case, Defendant’s insurance company had filed a federal court action to rescind the defendants $1,000,000 insurance policy, claiming that defendant had made misrepresentations when applying for that policy. Initially, the federal court agreed with the insurance company, granting summary judgment that effectively denied recovery to the Eisenbrandts given the defendant was otherwise insolvent. The Arnold firm and the Eisenbrandts refused to accept this unfair outcome. They appealed the federal judge’s ruling to the Ninth Circuit Court of Appeals. The Ninth Circuit reversed the lower court and sent the case back to the same federal judge for a trial on the merits.

Christine Doyle of the Arnold Firm tried the case in February 2011 in front of the same judge who had previously thrown out the Eisenbrandt’s case. A unanimous advisory jury and the trial judge, after hearing the true facts about the insurance company’s effort to avoid responsibility, found in the Eisenbrandts favor. After four years of fighting for what is right, the insurance company was ordered to pay up.

Settlement - $8,000,000

Truck Accident

Morgan Stanley Class Action Data Breach Settlement Attained by the Arnold Law Firm

Late one spring afternoon, the Arnold Law Firm received a call from Angela, a young mother of three. She was calling from the hospital where her husband Christopher had been air-lifted for treatment of severe injuries from a tragic motor vehicle accident earlier that day. Angela’s mother, a past client of our firm, had encouraged her to give us a call.

As it turns out, Angela’s prompt contact with us was a very important decision for their family. Immediate representation allowed our team to secure critical evidence right away — appropriate storage and analysis of the vehicle to avoid tampering, timely professional photography of the scene, and interviews of involved parties — which ended up being imperative to the details of Christopher’s case.

A commercial vehicle had failed to stop at a rural stop-sign intersection, colliding with the compact sedan driven by Christopher, an active 33-year-old father. The impact caused extensive damage to his spinal cord in the cervical area. Despite multiple surgeries, rehabilitation programs for physical and psychological therapy, and in-home care, his injuries rendered him a paraplegic, paralyzed from the mid-chest. In an instant, life as he had known it was gone forever.

At the time of the accident, the at-fault driver of the commercial vehicle was acting within the scope of his employment with a large corporation. With the employer being directly liable, as such, defense counsel fought hard to minimize Christopher’s damages, claiming that his being unemployed at that time devalued his losses. Our legal team made sure Christopher’s true losses were represented, including his potential income, his options and mobility, his ability to provide for and support his family, and the lifetime of care he now needed. Christopher’s injuries also dramatically affected his spouse’s daily life, resulting in a claim on her behalf.

Furthermore, the extent of Christopher’s injuries were, in part, due to defects involving the dual-restraint system in his own vehicle. Despite the manufacturer’s efforts to deny any responsibility, the Arnold Law Firm established negligence relevant to his case.

The result was a settlement of $8 million — the largest pre-trial settlement for this type of case in the region. Christopher now has the resources to receive the ongoing care he now requires, improve the quality of his life and take care of his young family.

Verdict - $10,200,000

Motorcycle Accident

The Arnold Law Firm is pleased to report that our attorneys received a $10.2 million verdict handed down in Modesto. Defense counsel was Kevin Cholakian of San Francisco. The defense rejected a 998 within the $1 million policy limits three years ago. The highest defense offer was $350k.

The case involved a blind corner dirt fire road collision between a truck driven by the defendant and a motorcycle driven by the plaintiff Dan Nixon. THe plaintiff had no recollection of the collision. The defendant claimed that the plaintiff had too much speed for the corner and lost control. The plaintiff’s son (who identified the wrong curve in discovery) claimed that the defendant was on the wrong side of the curve, causing his dad to make an unsuccessful emergency maneuver. The jury assessed 70% fault to the defendant and 30% to plaintiff.

The plaintiff, now 50-years-old, suffered a dislocated right knee with popliteal artery rupture which has left him with an unstable knee, and permanently damaged lower leg. Because of vascular damage he is not a candidate for knee reconstruction or replacement. The plaintiff’s treating doctors testified that he will require an above knee amputation within 20 years. Past lost wages were $78,000 and past medicals were $570,000. The jury awarded $7.5 million in general damages (3 m. past and 4.5 m. future) as well as all future economic damages asked for by the plaintiff. The jury deliberated for 3 and a half hours.

Settlement - $17,000,000

Data Breach

Infinity/Kemper Class Action Data Breach Settlement Attained by the Arnold Law Firm

The Arnold Law Firm, along with co-counsel at Morgan & Morgan, and Mason, Lietz, & Klinger, and Wolf, Haldenstein, Adler, Freeman, & Herz LLP, reached a settlement in the Kemper and Infinity data breach class action lawsuit, also known as Irma Carrera et al. v. Kemper Corporation and Infinity Insurance Company, filed in the United States District Court Northern District of Illinois, Case No. 1:20-cv-01883. The settlement is valued at over $17 million.

The Honorable Judge Martha M. Pacold granted Preliminary Approval of the settlement on October 27, 2021.

In addition to substantial injunctive relief, the class members will receive access to Aura’s Financial Shield Services for a period of 18 months, up to $10,000 for reimbursement of documented out-of-pocket losses reasonably traceable to the Data Breach, up to 3 hours of time spent remedying issues related to the breach at $18 per hour, and $50 for Class Members who are California residents.

History of the data breach: On April 8, 2021, the Arnold Law Firm and Wolf, Haldenstein, Adler, Freeman, & Herz LLP filed the first class action complaint against Kemper and Infinity in the United States District Court for the Northern District of Illinois entitled Irma Carrera Aguallo et al. v. Kemper Corporation and Infinity Insurance Company, Case No. 1:21-cv-01883. The complaint asserted claims against Defendants for: (1) negligence; (2) negligence per se, (3) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unlawful Business Practices, (4) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unfair Business Practices, (5) violation of the California Consumer Privacy Act (“CCPA”), Cal. Civ. Code § 1798.100, et seq., (6) violation of California’s Consumers Legal Remedies Act, Cal. Civ. Code § 1750, et seq., (7) violation of Florida’s Deceptive and Unfair Trade Practices Act, Florida Statute § 501.201, et seq., (8) breach of implied contract, (9) declaratory judgment, and (10) unjust enrichment arising from the data breach.

Settlement - $18,276,000

Qui Tam / Whistleblower

Whistleblowers Represented by Arnold Law Firm Expose Fraudulent Practices by the Pill Club, Case Settled With California DOJ

The Arnold Law Firm and the Hirst Law Group represented two whistleblowers who helped expose fraudulent practices by a start-up online pharmacy company called The Pill Club.

The company allegedly used fraudulent practices to bill California’s Medicaid program, Medi-Cal, for their services. The Pill Club is also alleged to have violated state laws by allowing nurse practitioners to prescribe contraceptive products to women without proper supervision or training from a licensed medical doctor.

For their part in blowing the whistle on the company they worked for, and as part of California Qui Tam laws, the whistleblowers and their attorneys recovered $4.9 million from the $18.275 million settlement paid to the California Department of Justice (DOJ) and the California Department of Insurance (CDI).

Settlement - $60,000,000

Data Breach

Morgan Stanley Class Action Data Breach Settlement Attained by the Arnold Law Firm

The Arnold Law Firm, along with co-counsel at Morgan & Morgan, Nussbaum Law Group, P.C. and others, reached a settlement in the Morgan Stanley data breach class action lawsuit, also known as In re Morgan Stanley Data Security Litigation, filed in the United States District Court Southern District of New York, Case No. 1:20-cv-05914-AT. The settlement resulted in a $60 million settlement fund to benefit class members.

The Motion for Preliminary Approval was filed on December 31, 2021 with the Honorable Judge Analisa Torres.

In addition to substantial injunctive relief, the 15 million class members will be provided access to Aura’s Financial Shield services for at least two years, which includes a $1 million insurance policy protecting each subscriber, credit monitoring, identity freezing, dark web monitoring, income tax protection and more services. The fund will also provide payments to people who submit valid claims for out-of-pocket expenses and/or up to four hours of lost-time incurred as a result of the data breach. Lost time allows victims of the data breach to be paid at $25 per hour for up to four hours of attested time spent dealing with the data breach. Out-of-pocket expenses can be claimed up to $10,000 if the costs or expenditures are fairly traceable to the data breach.

History of the data breach: On July 29, 2020, the Arnold Law Firm and Morgan & Morgan filed the first class action lawsuit against Morgan Stanley in the United States District Court for the Southern District of New York entitled Sylvia Tillman et al. v. Morgan Stanley Smith Barney, LLC., Case No. 1:20-cv-05914. The complaint asserted claims against Defendants for: (1) negligence; (2) invasion of privacy; (3) negligence per se; (4) unjust enrichment; (5) violation of the California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unlawful Business Practices; and (6) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seq. – Unfair Business Practices.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.