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Our NYC Train Accident Lawyers Can Help

Though many assume that trains are safer than driving, in 2018, there were 193 people injured in train accidents and 24 injuries in train derailments. These numbers 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, P.C. We have decades of experience fighting for injury victims and a record of securing maximum compensation.

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?

Video Highlights

  • Learn how we can help navigate a complicated case involving a public entity.

Video Transcript

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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New York City Train Accidents & Injuries

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.

Train Accidents in New York

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:

  • Multiple Trains Colliding;
  • Train derailment
  • Auto-train collision at railroad crossings;
  • A person slipping or falling on the tracks;
  • A passenger falling while in transit due to abrupt stops;
  • Illness or infection from unsanitary conditions aboard the train;
  • Unsecured equipment or load accidents
  • Rolling Stock failures
  • Buffer stock accidents

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:

  • Faulty equipment at gates and crossings;
  • Defective signal functions;
  • Failure to use lights and horns at crossings;
  • Negligent Operation / Human Error
  • Obstructions on the tracks;
  • Objects hanging from the sides or back of a train car; and,
  • Shifting or Improperly Secured Cargo.

Common Train Accident Injuries

While many train accidents are preventable, people are still being injured every year. At Hecht, Kleeger & Damashek, 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.

A New York Train Accident Lawyer Can Help

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:

  • Investigations fault and liability;
  • Determining the parties who should be held accountable;
  • Working with relevant public and private entities to file your claim;
  • Negotiating a fair, reasonable amount to compensate you for your losses; and,
  • Initiating litigation as necessary to ensure you obtain all the damages you’re entitled to by law.

Train Accident Claims & the Parties Involved

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:

  • The agency or organization charged with maintaining tracks, crossings, signals, barricades, gate barriers, and other components;
  • The employer of the train operator and crew;
  • A manufacturer of train components, such as steering, braking, hydraulics, wheels, and connection equipment.
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Compensation in Train Accident Cases

The 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.

Compensation in Train Accident Cases

 

 

 

 

 

 

 

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.

At HKD, we are proud to have helped many clients receive significant and life-changing personal injury settlements and court rulings.

New York City Train Accident FAQs

What should I do immediately after a train accident?

Seek medical attention, report the accident to authorities, collect witness contact information, and document the scene if possible.

How is fault determined in a train accident case?

Investigators analyze evidence, witness statements, and possibly expert testimonies to establish negligence and determine fault.

Who can be held liable in a train accident?

Potentially liable parties include the train operator, transit authority, or other negligent parties contributing to the accident.

How do I prove negligence in a train accident lawsuit?

Demonstrating negligence involves showing the party had a duty of care, breached that duty, and caused your injuries.

Speak with a New York Train Accident Lawyer for Free

Injury claims against railroad and train companies are complicated. Instead of following the typical claims process you would utilize after a car or truck accident, you are forced to adhere to highly specific administrative processes and laws. When you are dealing with the serious injuries that often follow a train accident or the loss of a loved one, you will likely not have the time or capacity to do everything yourself.

Put your trust in the highly skilled and aggressive train accident lawyers at Hecht, Kleeger & Damashek, P.C. We understand how stressful this situation is and how important it is to provide clear, concise information. Once we ascertain what happened, we will advise you of your rights, and immediately start working to secure maximum compensation.

Let us speak with you about your train accident injuries. Contact us online or call 212-271-4156 to schedule a free, no-risk consultation. There are no up-front costs, and you owe us nothing until we recover compensation for you.

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