Bronx Train Accident Attorney
In many areas of the country, trains are known primarily by causing vehicle delays in crossings or by whistles sounding in the night. But that’s very much not the case in the Bronx. Trains are a lifeblood of transportation into, around, and out of all five boroughs of the city and surrounding areas.
People in the Bronx use trains to get to work, catch sporting events, visit Madison Square Garden, Broadway, and other entertainment areas, and see family. Not only that, but freight trains bring products into the city, just like they do everywhere else. As a result, train accidents can hurt anybody. If you or a loved one is still struggling from a train related accident then discuss your options with an attorney at the Law Offices of Ivan M. Diamond.
The following train lines serve New York City and surrounding areas:
- Metropolitan Transit Authority (MTA) subway
- New Jersey Transit
- Long Island Rail Road (LIRR)
- Port Authority Trans-Hudson (PATH) train accidents
- Freight trains
Not only do train accidents affect everyone, they are all too frequent. In one case, a subway train derailed and hit a wall, injuring 30 people. In another, a woman was killed when a subway train hit her.
The fact is, train accidents happen, and they can kill people or cause catastrophic injuries that mean the victim’s life will never be the same again. That’s when you will want to call The Law Offices of Ivan M. Diamond for help.
Types of Bronx City Train Accidents
Trains are subject to multiple types of accidents. They can derail. If the derailments occur on elevated trains or cause the trains to strike objects, they can be extremely dangerous. Trains can collide with each other. They can crash into posts and equipment. They can strike people on the tracks. They are subject to electrical fires. Fires can burn on the tracks.
They can malfunction in multiple ways. They can fail to stop. They can lose power and be stuck between stations. Passengers can become ill due to these conditions, or have their illness exacerbated by heat and crowding.
Riders and bystanders can be stuck between cars, on tracks, or between the platform and the train. Riders and bystanders can be caught by the arm or by clothing as the train begins to leave the station.
Train engineers and motormen can be subject to the same kind of impairment that vehicle drivers are. They can be under the influence of alcohol or other substances that can impair performance. They can be distracted. They can be fatigued or drowsy.
Why Do Train Accidents Occur?
The age and condition of many trains, train stations, and the equipment used to serve and manage them, such as signaling equipment, exacerbate the number and severity of train accidents.
Even when train stations and equipment undergo necessary repairs and replacement, the conditions can be chaotic, because in Bronx, the fact that a train station is under repair doesn’t cause commuters to stop using it. They are still there in great numbers while construction is going on.
Train accidents can be caused by the following.
- Old, worn out tracks
- Negligent hiring practices
- Unreliable tracks
- Old and outdated infrastructure
- Outdated safety mechanisms
- Elevated tracks
- Signal failure
- Mechanical failure
- Failure to inspect, maintain, and repair trains
- Failure to inspect, maintain, and repair equipment
- Train operator behavior, including:
- Impairment by alcohol or drugs
- Fatigue or drowsiness
What Type of Injuries Can Victims Sustain in a Train Accident?
Injuries sustained in a train accident can range from minor bruises to a catastrophic accident like a spinal cord injury, which can leave victims paralyzed for life. Train accidents can kill, either outright or via injuries that eventually cause death.
Victims of a train accident can be injured as follows.
- Fractured bones
- Soft tissue damage
- Damage to ear or ear
- Smoke inhalation
- Traumatic brain injury (TBI)
- Spinal cord injury
- Back and neck injury
- Internal organ damage
- Loss of limbs
- Wrongful death
Who Is Responsible if I’m Hurt in a Train Accident?
As you can see from the potential causes, train accidents can be caused by many factors—and multiple factors. One accident can be caused, for instance, by both a switching failure and outdated tracks.
In all accidents, responsibility depends on what caused the accident and on who or what was negligent in causing it—not exercising the duty of care expected of a reasonable person. In train accidents, responsible parties can be the companies, people, or government entities. The list of potentially responsible parties includes the following.
- Transit companies (MTA, Amtrak, LIRR, etc.)
- Companies responsible for manufacturing and/or selling defective trains, components, or equipment
- Train operators
- Train companies and employers
- Other negligent third parties, including motorists, pedestrians, and bicyclists
- Government agencies responsible for oversight and track maintenance
How Can I Recover Compensation for Injuries?
If you or a loved one has been injured in a train accident, the parties who are negligent are liable for your injuries. You can file a personal injury suit to recover damages, both economic and noneconomic.
These include bills for medical treatment and expenses, including doctor’s visits, hospitalization, surgery, rehabilitative therapy, emergency services, prescription medication and so on. This compensation can be both for medical bills and treatment already incurred and medical treatment and expenses likely to be incurred in the future.
If the injuries have caused you to lose time from work or have made it impossible to work at the same occupation or at all, you may also sue for lost wages from work, temporary or permanent disability, and reduced earning capacity.
Finally, the law allows injured people to receive damages for pain and suffering connected with their injuries and the harm from the accident, including emotional distress, loss of enjoyment of life, and loss of consortium.
What if My Loved One Died in a Train Accident?
What happens if someone dies and can’t bring a personal injury suit against a negligent party?
In that case, a representative of the deceased’s estate is entitled to bring a type of suit called “wrongful death.” It is essentially a personal injury suit in which the person died rather than being injured.
The damage compensation can cover both the deceased expenses and the loss to survivors of both emotional and financial benefits they could have had if the loved one had not died.
Wrongful death suits can seek compensation for:
- Medical expenses related to the victim’s fatal injury, including ambulance services, radiology, hospitalization, and nursing services
- Funeral and burial expenses
- Lost wages and benefits due, until the time of death
- Value of support and services provided by the deceased
- Lost inheritance
Call Our Train Accident Attorneys Today
If you need assistance with a train accident that injured you or a loved one, consult an experienced train attorney today at The Law Offices of Ivan M. Diamond. We have the experience and resources to help people with serious injuries, even when going up against big corporations like train companies. Call us today at (718) 588-2000 or write to us using our contact form.