Hit by a San Diego Trolley: Who Pays When the Train, a Driver and the City Share Fault?

Last updated November 4, 2026 · Reviewed by Ron McMinn, Esq.

When a San Diego Trolley is involved in a crash, more than one party can be responsible, and each one may answer for only part of the harm. On Sunday, June 28, 2026, a trolley struck a man near the Old Town Transit Center, and NBC 7 and 10News reported that San Diego police were investigating. The reports do not describe the cause, and we do not assign fault to anyone. We offer our condolences to the family. This guide explains, in general terms, how California law divides responsibility in a trolley crash.

Who pays when a trolley, a driver and a public agency share fault?

Short answer: Each party pays only its own share of fault. California comparative fault lets a jury assign percentages to the trolley operator, a driver, a public agency that controlled the road or crossing, and you. Your recovery is reduced by your share, and the proof about signals, speed and video decides the split.

Two rules shape that answer. First, Civil Code section 1431.2 says liability for non-economic damages is several only, meaning each defendant pays only its percentage of fault for that part of the loss. Second, a public agency’s share can also change who answers for economic damages, as explained below.

What has been reported about the June 28 Old Town crash?

The reports are short, and the investigation was described as ongoing.

• NBC 7 reported that a man in his 40s was hit by an MTS trolley near the Old Town Transit Center at around 12:40 p.m. on Sunday, in the area of the 4000 block of Taylor Street, and that the San Diego Police Department was investigating.
• 10News reported that first responders were called around 1:05 p.m. to Taylor Street between Pacific Highway and Congress Street, that the person died at a hospital, and that the incident was under investigation.
• The two outlets give slightly different times, which is common in early reports.

We use the incident only to explain how responsibility works. For who looks into a crash like this, see our post on who investigates a San Diego Trolley crash.

Who can be responsible after a San Diego Trolley crash?

Any party whose conduct or property contributed to the crash can be responsible. See our San Diego trolley accident section for local claim steps. In general terms:

• The trolley operator. San Diego Trolley, Inc., known as SDTI, runs the trolley, and MTS is its parent agency. Under Government Code section 815.2, a public entity can be responsible for harm caused by an employee acting within the scope of the job. For claim rules, see our post on how to file a claim against MTS or the San Diego Trolley.
• A private driver. A driver who turned across the tracks, stopped on them, or ignored a signal may share fault. Claims against a private driver follow ordinary injury rules and a two-year deadline under Code of Civil Procedure section 335.1.
• A city or other public agency. If a dangerous condition of public property, such as a road, signal or crossing treatment, helped cause the crash, the agency that owned or controlled it may be responsible. See Government Code sections 830 and 835, discussed below.
• A freight railroad on shared track. The California Public Utilities Commission reports that a freight railroad shares some trolley track on the Blue and Orange Lines, with operations separated by time. If a freight movement was involved, that company is another possible party.
• Others near the scene. A property owner or a contractor working near the tracks could matter in a specific case, depending on the facts.

Carrier duty in plain English: Civil Code section 2100 says a carrier of persons for reward must use the utmost care and diligence for their safe carriage. That higher standard applies to passengers on the trolley. It does not apply to pedestrians, cyclists or drivers outside the train.

Where do trolleys and traffic meet in San Diego?

At street crossings and on downtown streets, where the same space is used by trains, cars, bikes and people. The CPUC’s Calendar Year 2025 report describes the system as light rail on semi-exclusive right-of-way. It reports that 1.4 miles of the Blue Line and 1.7 miles of the Orange Line operate on city streets.

The federal crossing inventory shows how many places there are. According to the Federal Railroad Administration’s crossing inventory data, reviewed on November 2, 2026, San Diego Trolley, Inc. reports 104 public at-grade crossings, and 59 of them have gate arms. The inventory describes the crossings that are reported. It does not say why any crash happened.

What do the official safety statistics show?

They show that crashes with vehicles and people are a regular part of rail transit, but they do not assign fault in any one case. In its Calendar Year 2025 report, the CPUC says California rail transit agencies reported 378 safety events. SDTI reported 21 of them, including 9 involving a train and a vehicle and 10 in a combined category of a train and a person, a bicycle or another conveyance with a rider.

Statewide, the CPUC classified 28.3 percent of events as primarily caused by the action of a non-transit motorist, and 33.6 percent were still under investigation. Those figures cover every California agency under CPUC oversight. They are agency classifications, not findings about the June 28 incident or any other particular crash.

How does shared fault change what you can recover?

It reduces the recovery from each party to match that party’s share, and it can leave you bearing the share assigned to you. Here is how the pieces fit.

1. A jury assigns percentages. Under comparative fault, the trier of fact assigns a percentage of responsibility to each person whose conduct contributed to the harm, including the injured person.
2. Non-economic damages are several only. Civil Code section 1431.2 says each defendant is liable for non-economic damages only in proportion to its percentage of fault.
3. Economic damages can be different. Economic damages are out-of-pocket losses such as medical bills and lost income. Under the older rule, defendants could be jointly liable for them. For lawsuits filed on or after January 1, 2027, SB 577 adds a rule for public entities: an entity found 15 percent or less at fault is liable only for its own share of economic damages. Our post on what SB 577 changes explains it, and a lawyer can tell you whether it applies to a given defendant.
4. The timing of the case matters. Because SB 577 turns on the date a lawsuit is filed, the date you file can affect how a shared-fault case is valued.

What must be shown to hold a public agency responsible for a dangerous condition?

It must be shown that the property was in a dangerous condition and that the agency had notice or created it. Government Code section 830 defines a dangerous condition as one that creates a substantial risk of injury when the property is used with due care in a reasonably foreseeable way. Section 835 sets out when an entity is liable, including that the condition caused the injury, the harm was the kind the condition risked, and the entity had notice or its employee created the condition. Our government claims guide covers these rules in more depth.

What decides who is at fault in a trolley crash?

The facts at the crossing or the scene decide it, and many of them can disappear quickly. Questions that often matter include:

• What the signals, bells and gates, if any, were doing before the crash.
• How fast the trolley and any vehicle were going, and where each was positioned.
• What each operator could see, including parked vehicles, poles and turns.
• What video from the trolley, the station, nearby businesses and passing vehicles shows.
• Any event or data recorder information, if the vehicle has one.
• Maintenance, signal timing and prior complaint records for the location.

What evidence should you protect?

Ask for it in writing and early. The six-month claim period against MTS starts running at the injury, and video can be overwritten on a routine schedule.

• Photos and video. Capture the crossing, signals, signs, vehicles and visibility from every direction as soon as it is safe.
• Preservation letter. Ask MTS, the city and nearby businesses to preserve video and records, with the date, time and location.
• Reports. Request the police report and any MTS incident report.
• Witness names. Get phone numbers before people leave.
• Medical records. Keep every record and bill from the first visit forward.

What deadlines apply when more than one party is involved?

Each party can have a different deadline, so protect the shortest one first. A claim against MTS or a city for injury or death must generally be presented within six months under Government Code section 911.2. A lawsuit against a private driver usually has a two-year deadline. If MTS rejects a claim, a separate suit deadline starts, which our post on what to do after MTS rejects your claim explains.

What should you do after a trolley crash?

Get medical care, then protect your evidence and your deadlines. Here is a simple order.

1. Get medical care. Tell the provider how you were hurt.
2. Report it and note the details. Write down the line, location, direction, time and car number if you can.
3. Take photos and gather names. Include witnesses and any other vehicle.
4. Do not sign releases or give recorded statements without advice. That includes statements to any insurer.
5. Calendar the six months. Treat it as the claim deadline for any public agency.
6. Talk to a lawyer early. More than one party may be involved.

For more on the agency, see our MTS and San Diego Trolley accident page and our train accidents page. For a similar issue in Los Angeles County, see our post on wrongful death claims after the Pasadena A Line crash.

Frequently asked questions

Who is at fault when a car and a San Diego Trolley collide?

There is no automatic answer. Fault depends on the facts, such as signals, speed, position and visibility, and it can be shared among the operator, a driver, a public agency and the injured person.

Can you recover if you were partly at fault in a trolley crash?

Often yes, but your recovery is reduced by your share of fault. A jury can assign a percentage to each person whose conduct contributed to the harm.

Can you claim against both MTS and a city after a trolley crash?

Possibly, if each one’s conduct or property contributed. Each public entity has its own claim process, and a claim against MTS generally must be presented within six months of an injury.

Does the six-month claim rule apply to a private driver?

No. A private driver is not a public entity, and an injury lawsuit against a driver usually has a two-year deadline. The six-month rule applies to public agencies such as MTS.

What if you were a passenger on the trolley?

Passengers may rely on the carrier duty in Civil Code section 2100, which requires utmost care and diligence. Claims against MTS still follow the six-month public entity claim process.

What is SB 577 and does it affect a trolley case?

SB 577 changes how economic damages are divided in lawsuits filed on or after January 1, 2027 when a public entity is found 15 percent or less at fault. Whether it applies depends on the defendant and the filing date.

Talk to us

If you or a family member was hurt in a San Diego Trolley crash, we are here to listen and to explain your options. Win Attorneys is a California firm that represents injured people throughout the state. Talk to us at (562) 296-5380. We speak Spanish and Vietnamese.

Hablamos español. Chúng tôi nói tiếng Việt.

Win Attorneys, 17291 Irvine Blvd., Suite 210, Tustin, CA 92780. Phone (562) 296-5380.

This article is general information and is not legal advice. Reading it does not create an attorney-client relationship.

Sources: NBC 7 San Diego, 10News, CPUC Calendar Year 2025 annual report, FRA crossing inventory, Civil Code section 1431.2, Civil Code section 2100, Government Code section 815.2, section 830, section 835, section 911.2, SB 577 bill text.