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.
How 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
Common Train Accident Injuries
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 at Fault For My Train Related 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 to Recover Compensation After Train Accident
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.
Wrongful Death Train Accident Cases
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
Bronx Train Accident FAQ
Train accidents are not as common as other types of accidents that injure Bronx residents, workers, and visitors, but they do happen, and when they do, they can cause catastrophic damage. Train tracks cross-cross the Bronx, carrying passengers and freight across the Five Boroughs, across the Tri-State region, and even across the country.
Bronx train accident victims who face crushing expenses, months away from work, and a lifetime of disability, often have questions about their legal rights to seek damages from the parties at fault. Below, we answer some of the most common questions we receive about Bronx train accidents. For answers to your specific questions, contact our experienced Bronx train accident injury lawyer today.
How do Bronx train accidents happen?
Train accidents should not happen, but they do.
Oftentimes, they result from careless decisions or actions that involve:
- Defective manufacturing of train equipment or tracks;
- Insufficient track or train maintenance;
- Unsafe conditions in the passenger compartment;
- Collisions at road crossings; and
- Operation of trains at unsafe speeds.
The fact that a train accident has happened is usually an indication of carelessness or wrongdoing by someone connected to operating or maintaining the train or its tracks. Virtually all train accidents are preventable.
Can I sue for my Bronx train accident injuries?
Because most train accidents are preventable, chances are good that you have the right to take legal action for damages.
However, suing for train accident injuries is more complicated than, say, filing a lawsuit for injuries you suffered in a car crash. A mixture of private, municipal, state, and federal entities own, operate, and maintain the trains and tracks in and around the Bronx. In any given accident, several of those entities may have potential legal liabilities to injured victims, and different laws and procedures for filing a lawsuit may apply to each.
A train accident will also typically trigger an investigation by the National Transportation Safety Board (NTSB). The findings of this investigation can have a substantial impact on the determination of who bears legal responsibility for the victims’ injuries.
In other words, even if you have the right to sue for your Bronx train accident injuries, you will need an experienced Bronx train accident injury lawyer who understands railroad operations, lawsuits against government entities, and official investigations, to obtain the compensation you deserve.
What damages can I sue for after my Bronx train accident?
Victims of Bronx train accidents have the right to receive compensation for their injuries.
Although every case is different, they can usually seek money to pay for:
- Medical bills, including past as well as future medical expenses;
- Lost wages, including past as well as future lost wages;
- Lost earning capacity;
- Household services expenses;
- Rehabilitative services;
- Surgery bills;
- Personal property damage;
- Pain and suffering;
- Mental anguish;
- Loss of consortium;
- Loss of enjoyment of life or activities; and
- Physical Disfigurement.
If you have a Bronx train accident injury claim against a rail operator owned or chartered by the federal government, such as Amtrak, federal law may limit the total amount of damages you have the right to recover. To ensure you get the most damages possible, seek the help of an experienced Bronx train accident lawyer who can identify all parties who have a legal liability to you, so that federal damages caps do not limit your recovery if possible.
How long do I have to file a lawsuit for my Bronx train accident injuries?
It may depend in large part on who has a legal liability to you for damages. The outside time limit for filing a Bronx train accident lawsuit is three years in most cases. However, train accident cases involve complicated factors that can drastically shorten that time period.
In fact, you may have as little as 90 days to take legal action if your accident claim is against a government entity that operates or maintains trains or track systems in the Bronx. To make sure you do not put your valuable legal rights at risk, speak with an experienced Bronx train accident injury lawyer as soon as possible after the train accident that injures you.
Speaking with a lawyer as soon as possible serves another purpose, too. The sooner a lawyer can get started working on your claim, the better your lawyer’s chances of obtaining critical evidence you may need to prove your case. As time passes, that evidence becomes more difficult to secure, because it can go missing and witness memories can fade.
How long does it take to get paid damages for my injuries?
Remember—first of all, there is no guarantee you will get paid at the end of a lawsuit. But, of course, that is the goal, and with the help of an experienced Bronx train accident lawyer on your side, you give yourself the best chance of success.
If you have a winning claim, the time it takes to get paid can vary from just a few months to a year or more. On the whole, however, train accident claims can often take longer to resolve than other types of personal injury cases, because they often involve government entities and official investigations.
For the most part, you cannot control the speed of a train accident case; there are just too many factors that are out of your and your lawyer’s control. You can, however, control how long you wait to talk to an experienced Bronx train accident attorney. The sooner you reach out for your free case consultation, the sooner you can get started on the process of obtaining the money you deserve for your injuries and losses.
How much will your Bronx train accident lawyer cost me?
It costs you nothing—not a penny—to meet with an experienced Bronx train accident injury lawyer for the first time. That initial consultation is always free-of-charge.
If you and the lawyer agree that the lawyer will represent you on your train accident injury claim, then in almost all cases you will not have to pay the lawyer any money for the lawyer to begin work. The lawyer will not charge you by the hour. Instead, you and the lawyer will agree on a percentage of the money that the lawyer recovers on your behalf that the lawyer gets to keep as a fee. You pay the lawyer nothing unless the lawyer gets you results.
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.