Bronx Train Accident Attorneys

From subway cars that connect the Bronx to other boroughs in New York City to rail cars that bring goods from the international market to local store shelves, trains are an essential part of life in the Bronx.

Even comparatively small rail cars like subways can bring tremendous energy to a collision. The damage can be severe if your loved one is struck by a train while on foot or your car is hit by a passing train. You may experience significant financial and emotional losses when such catastrophic accidents occur.

If you or a loved one find yourself hurt in any train accident, The Bronx Tran Accident Lawyer at Law Offices of Ivan M. Diamond stands ready to help you get justice for your injuries.

Train Accident Statistics in New York

You cannot walk, drive, or travel within the Bronx without seeing or crossing a rail line and seeing a subway from the Metropolitan Transportation Authority, a freight train from BNSF, or passenger trains from Amtrak.

Despite New Yorkers’ familiarity with trains, they remain a real danger to pedestrians and motorists alike. A recent Washington Post article examined statistics from the Metropolitan Transportation Authority (MTA) and found 169 collisions between MTA subways and pedestrians alone in one year. Many more collisions occur between rail cars and other vehicles every year.

The statistics The Washington Post obtained from the MTA further revealed that of the 169 collisions between people and subway cars, approximately 50 resulted in the pedestrian’s death. The other incidents resulted in some injury to the person involved. These numbers, though, do not tell the whole story of the dangers that trains present.

The Federal Railroad Administration (FRA) compiled nationwide statistics concerning train crashes and collisions. The FRA’s numbers revealed a total of 899 deaths and 5,612 injuries involving trains in a recent year.

Highlights of these statistics included:

• The vast majority of railroad deaths, 722 in total, were inflicted on individuals who were on rail lines or rail property without permission

• The next highest number of deaths occurred among non-trespassers, or people who were not workers but who had the legal authority to be present near the rails

• Most deaths and injuries involving trains occurred in areas other than highway-rail crossings

• Most injuries were inflicted on non-trespassers at an area other than a highway-rail crossing

These statistics confirm what broad experience suggests: cars and people who get too close to trains and rail lines risk severe personal injury or even death.

Types of Bronx Train Accidents

Any train crash will fall into one of several types of wrecks. How authorities characterize an incident can provide insight into how the accident may have occurred. The type of accident can also tell you about the nature of the resulting damage to you or your property. Common ways in which train accidents happen include the following:

Train Derailment

A train derailment accident happens when something causes one of the cars in the train to lose contact with the rails. This action causes the car to become unstable and crash on its side. The forces involved mean that derailments usually affect several cars in front of and behind the car that left the track.

In a derailment, cargo transported by the train may spill, presenting a hazard to those near the crash if the cargo is a dangerous substance or material. If the derailed car was transporting passengers, they might suffer injuries from being thrown about the car’s interior.

Collisions With Pedestrians and Vehicles at Highway Grades

Sometimes, a rail line must intersect with a roadway or highway. In many cases, lights and signs will identify these crossings. Many will also have safety bars that are supposed to prevent vehicular traffic from entering the crossing when a train is nearby.

A crossing that does not have working safety equipment is a dangerous place for motorists and pedestrians who are not paying attention. Vehicles can become disabled on the crossing or stopped by other traffic while still on the tracks.

Similarly, pedestrians might enter a crossing when a train is approaching. When the train’s conductor is close enough to observe the person or car at the crossing, it might be too late to stop the train.

Accidents Near Train Tracks and Rail Lines

Passengers embarking and disembarking from a train can get hurt near rail lines. A slippery surface or act of violence can cause a person to trip and fall onto the tracks, hurting themselves and jeopardizing their life. The doors to passenger compartments can close and trap nearby passengers by their clothing, arms, or legs.

Crushing injuries and amputations are common in these accidents, as body parts can get caught between the train and another surface, like the passenger platform. Passengers caught in the doors or other parts of the train while in motion can be dragged or caught up underneath the train. Such incidents are often fatal.

Other Types of Train Wrecks

In addition to the types of accidents mentioned above, trains can collide with other trains or vehicles using the rail lines. Neglectful operators may be to blame in cases of train collisions. Railcars can also catch fire, releasing toxic fumes into the air and polluting the surrounding environment.

These and other types of train crashes can cause harm not just to those near the wreck but to those in the surrounding community as well.

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

• Speeding

• Distraction

• Fatigue or drowsiness

Liability Following a Train Crash in the Bronx

Learning the type of wreck that occurred in your case is only an early step of an investigation that must consider the causes of the train crash and who is responsible for causing it.

Those who contributed to a train derailment, collision, or other accident through negligent conduct may be held liable for damages to you or your injured loved ones.

The train’s engineer or conductor might be responsible for an accident if they acted carelessly or recklessly.

Examples of such conduct might include:

• Failing to keep an eye on the speed of the train and adjusting the speed as necessary
• Operating the train while under the influence of alcohol or drugs
• Using their cell phones or otherwise being distracted and not paying attention to the track ahead of them
• Not monitoring loading and unloading areas for passengers who are in danger

In almost every case, the employer of a negligent conductor or engineer will also be responsible for the crash. Under a legal doctrine of respondeat superior, an employer is generally liable for their employee’s negligent or reckless acts while on the job.

Other potentially liable parties in a train accident include negligent motorists or pedestrians whose careless acts bring about a train collision. If these parties’ actions lead to a derailment that injures you or a loved one, you can and should bring a suit against these individuals.

Manufacturers of trains, rail cars, and their parts may also be on the hook if it comes to light that one of their products failed unexpectedly and caused an injury.

Companies that sell products to consumers, like rail companies or transportation agencies, are legally required to distribute products that are free from defects and that work as anticipated. These manufacturers can be legally responsible for damages if a defective part leads to injuries or deaths in a crash.

Finally, you may sue government entities tasked with inspecting rails and rail carriers and enforcing safety standards if they fail to meet their obligations. Incomplete inspections or violations that the agency does not follow up on could lead to a successful lawsuit if such failings contributed to the crash.

Identifying those responsible for causing or contributing to your train accident is essential in pursuing full compensation for the harm you suffer. Unpacking all the circumstances that led to a crash can be time-consuming and complicated.

Retaining an experienced and knowledgeable New York train accident lawyer is extremely helpful in accomplishing this essential task.

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
• Lacerations
• Soft tissue damage
• Damage to ear or ear
• Burns
• Smoke inhalation
• Traumatic brain injury (TBI)
• Spinal cord injury
• Back and neck injury
• Internal organ damage
• Loss of limbs
• Paralysis
• Coma
• Wrongful death

Timeline of a Train Accident Injury Claim

If you or a loved one suffered injuries in a train accident in the Bronx, you might have bills and expenses due soon. Therefore, you may be rightly concerned about how quickly you might begin seeing monetary compensation. However, the answer to this question depends on an ever-changing set of factors unique to your case.

A lawsuit seeking compensation following a train wreck must generally commence within three years of the accident to comply with New York’s statute of limitations. The speed with which your attorney files your case will depend on the case’s complexity and the severity of your injuries. It is unusual, however, to file a case close to the expiration of the statute of limitations.

At some point after the accident, you and your train accident lawyer may engage in settlement negotiations with the other parties. These settlement talks can commence anytime after your accident.

Negotiations can lead to a settlement agreement wherein you receive a reasonable amount of compensation without needing to prove your case at a trial. Settling may take a matter of months after your accident.

If you do not reach a settlement, your case may need to go to trial. The trial’s timing will depend on the availability of the attorneys, yourself, your witnesses, and the court hearing your case.

The complexity of the case and the need to address pretrial issues can also delay the start date of your trial. A trial may occur anywhere from a few months to a year or more after you initially file your case.

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

Frequently Asked Questions About New York Train Accidents

Our train accident lawyer at The Law Offices of Ivan M. Diamond fields numerous questions from injury victims and prospective clients about their rights following a train accident. Some of the most common questions Mr. Diamond receives include the following:

Do I Have Rights if My Loved One Died in a Train Accident?

Yes. If you are the spouse, an adult child, a parent, or the representative of the decedent’s estate, you may be able to bring a wrongful death lawsuit under New York law. This type of suit can lead to a recovery of compensation to address your loved one’s final medical expenses, funeral costs, and other losses.

You may also be able to recover compensation for pain and suffering and other losses you experienced due to your loved one’s death.

Will I Have to Go to Court to Get Compensation?

Going to court can be an intimidating experience, but it need not be so. Your train accident lawyer will help prepare you for any court hearings you may need to attend and participate in.

If your case settles, you may not need to attend any court appearances. However, if your claim is contested, there may be a trial and other court hearings at which you must appear.

How Much Does a Train Accident Lawyer Cost?

Do not let a fear of sky-high attorney’s bills deter you from seeking representation. Retaining a qualified attorney is more affordable than you might think. Your initial consultation is always free with The Law Offices of Ivan M. Diamond. Use this to learn about your rights and the specific services an attorney can provide you.

If you do choose to retain a train accident lawyer, you will pay your attorney a percentage of any compensation award they are able to obtain for you. If they do not secure compensation for you, then you do not pay any attorney’s fees.

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.

Ivan M. Diamond Train Accident Lawyer in Bronx

Injured in a Bronx Train Accident? Contact The Law Offices of Ivan M. Diamond

If you or a loved one need professional and experienced assistance after a train crash that injured you, look no further than The Law Offices of Ivan M. Diamond. With years of experience working alongside injury victims against large and powerful corporations, companies, and government agencies, Mr. Diamond will fight aggressively and work to help you recover compensation. Call personal injury law firm in Bronx today at (718) 588-2000 or send him a message through his website for your free claim evaluation.

The Law Offices of Ivan M. Diamond
888 Grand Concourse Suite #1L, 10451
(718) 588-2000

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