Though many assume that trains are safer than driving, but train accidents have been rising since 2018, according to The City. These trends demonstrate the significant dangers of train crashes, which can leave people in severe pain, unable to work, and unsure of what to do. Fortunately, you have rights as a victim, and in New York City, you should immediately contact a train accident lawyer to protect yourself and ensure your recovery.
Train-related injuries involve complicated legal issues, even beyond the typical challenges associated with personal injury accidents. There are strict rules regarding claims, depending on the responsible party. When you need solid legal representation, reach out to the New York injury lawyers with Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C.
We have decades of experience fighting for injury victims and a record of securing maximum compensation. Attorney Judd Kleeger secured a $4,720,827 settlement for a client hurt in an MTA accident.
Contact us as soon as possible online or call 212-271-4156 to schedule a free, initial consultation.
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What Are The Differences In An Injury Case Against A Private Party vs A Public Entity?
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If an accident occurs on public property, the case proceeds ... normally, as it would as if it were a private owner. The only difference is that there are different deadlines that you have to be careful about. In the case of a municipality, you need to file a notice of claim within 90 days of the accident, and the statute of limitations is shorter than a private defendant.
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Train accidents are more common than you’d expect. The US Bureau of Transportation Statistics (BTS) shows that on average, there are over 1,850 train accidents in the U.S. every year. Let us review your circumstances, explain your rights after a train accident, and make sure you get everything you need and deserve.
Various physical and human components come into play in any railroad accident, which makes these cases so complex. Potential victims in a train crash can include passengers, occupants of other vehicles, and pedestrians, among others. Also, there several types of incidents and contributing factors that could lead to bodily harm, including but not limited to:
Due to their size, speed, and sometimes hazardous cargos, train accidents are more likely to cause extensive damage and catastrophes injuries. Whether it is a train derailment or serious collision, many train accidents stem from:
While many train accidents are preventable, people are still being injured every year. At Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C., our train accident lawyers can help you gather the facts, determine what caused your accident, document your injuries, and fight for the compensation you are legally entitled to after any of the following.
Claims involving train injuries are complicated for a variety of reasons. It’s in your best interests to retain a lawyer to assist with getting the compensation you deserve, and who can help with:
Train collision claims are generally made complicated by the nature and number of the parties who may be responsible for causing the incident. It may be obvious who to pursue after an Amtrak accident, a NYC train crash, or collision with regional carriers because these parties are typically easy to identify and as owner-operators, are entrusted with maintaining a safe train travel experience.
However, each of the potential parties involved may require a different process for filing a train accident claim. Railroad and transit companies are either public or private. As such, the procedures and laws regarding how you may file an injury claim against public entities differ from traditional personal injury claims involving private companies. Your case can also become complex if other organizations are involved that are associated with the railroad industry. Examples include:
Compensation in Train Accident Cases
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212-490-5700The MTA, LIRR and Amtrak have a legal duty to ensure the safety of their customers, starting with compliance with all regulations implemented by federal, state, and local transit authorities. These entities must also protect guests from reasonably foreseeable harm, like the duty of property owners in premises liability cases. When they fail to comply or are careless in train operations, railroad companies can be held accountable for the accidents and injuries they cause.
As a train accident victim, you may be entitled to recover monetary damages for your losses. In a train crash claim, various forms of compensation are available, including:
If you tragically lost a family member in a fatal train-related incident, you may also have rights under New York’s wrongful death law. A railroad accident lawyer can provide more information on wrongful death actions for deceased individuals.
Train Accident FAQs
JUMP TO SECTIONAt HKD, we are proud to have helped many clients receive significant and life-changing personal injury settlements and court rulings.
Seek medical attention, report the accident to authorities, collect witness contact information, and document the scene if possible.
Investigators analyze evidence, witness statements, and possibly expert testimonies to establish negligence and determine fault.
Potentially liable parties include the train operator, transit authority, or other negligent parties contributing to the accident.
Demonstrating negligence involves showing the party had a duty of care, breached that duty, and caused your injuries.