After being hurt in a train accident, a victim or their family has the right to take legal action to seek compensation for various losses. However, the plaintiff in a train accident lawsuit has the burden of proving that the defendant was somehow negligent in causing the crash. To do so, it’s important for the victim to understand some of the various ways that these incidents occur.
Were you or someone you love injured or killed in a New York City train accident, but you aren’t sure which steps to take next? Turn to the trusted legal counsel of Bornstein & Emanuel, P.C. We can review the circumstances surrounding the crash and then get to work building a legal case.
The Reasons Behind Train Accidents
Trains are complex but efficient machines that countless commuters depend on for safe transportation. So when accidents occur, the cause usually has something to do with human error, a mechanical or electrical failure, or the failure to follow safety rules and regulations. These are some common reasons that train crashes happen:
- Operator mistakes: Train engineers and conductors are expected to be experienced, careful, and responsible in how they operate their trains. Lack of proper training, disregard for safety rules, distractions, and operating under the influence of drugs or alcohol are common explanations for their errors.
- Unsafe train tracks: The tracks on which trains run should be regularly inspected, maintained, and repaired if necessary. Damaged, poorly designed, and poorly installed tracks can cause accidents, pointing to negligence on the part of rail companies and possibly others.
- Mechanical and electrical problems: Without regular inspections, repairs, and maintenance, the trains themselves could become unreliable due to mechanical and electrical problems. Brakes, wheels, axels, doors, and other critical components should be properly maintained.
Who Can Be Held Liable When New York City Trains Crash?
There are many different individuals and entities who play critical roles in ensuring that trains operate safely. Failure on the part of any of these parties could indicate negligence and may cause a serious crash. In addition to determining why the crash occurred, the plaintiff must be prepared to identify those parties whom it intends to hold liable.
Every accident is different, so it’s important to have your attorney conduct a thorough investigation to determine who the plaintiff can potentially name as a defendant in a train crash lawsuit. The following are just some of the individuals and entities who may be responsible:
- Train engineers and operators
- Train and rail companies
- Maintenance and repair companies
- Equipment and parts manufacturers
- Government agencies
- Third parties such as construction companies working near railroad tracks
Special rules will apply if the party that caused the crash was a government agency like the Metropolitan Transportation Authority (MTA). State law provides for certain immunity and liability protections for these entities, and different legal procedures and statutes of limitation (deadlines to file) may apply. However, this doesn’t preclude the victim from taking legal action, and they should consult an attorney right away.
Hurt in a New York City Train Crash? Let Our Team Advocate For You
The first step after being in a train crash is to seek medical care; then, contact an experienced train accident attorney. Bornstein & Emanuel, P.C. is ready to represent you and seek the compensation that you need to recover from your injuries. Get in touch with us today to begin working on your case.
