Commuters in New York rely heavily upon the city’s vast train network to get them from one place to another. They depend upon the various parties who own, operate, and service these trains to keep them safe and avoid accidents and injuries. However, in many cases, that trust is misplaced because of someone’s negligent conduct.
If you or a loved one were hurt or killed in a New York City train accident, you are likely facing major personal and financial losses. You have the right to file a legal claim seeking compensation for your damages, and it starts with hiring an experienced law firm. Find out why train accident victims trust the guidance of Bornstein & Emanuel, P.C.
Common Types of Train Accidents and Injuries
There are numerous ways that trains can crash or otherwise cause injury to New York City passengers and third parties such as motorists and pedestrians. When these accidents result from negligence, the victims and their families have the right to seek monetary compensation. These are just a few of the different types of train accidents and injuries:
- Derailments
- Collisions with other trains or objects
- Railroad crossing accidents
- Hazardous substances released after a train crash
- Burns and smoke inhalation from fires after a crash
- Slips and falls on trains and platforms
- Injuries to passengers during commute
Why Do Train Accidents Happen in New York City?
Understanding why an accident has occurred is essential to seeking compensation because the victim has the burden of proving that the train operator or another party was negligent. Train accidents are often the result of human error, mechanical failure, and failure to follow safety standards. These are only a few of the reasons people get hurt and killed in train accidents:
- Engineers and conductors making a mistake: Those in charge of the train may be operating it at excessive speeds, may fail to apply the brakes in a timely manner, or may enter the wrong track and collide with another train. Some accidents are the result of distractions, operating the train under the influence of drugs or alcohol, inexperience, or failure to properly signal other trains.
- Problems with the train tracks: The tracks could be either damaged or poorly designed, and insufficient to bear the weight of trains and the stress of weather. Tracks require frequent maintenance to ensure they are in good working order and will not cause a train to derail or otherwise crash.
- Mechanical and electrical failure: Trains are complex machines, which means that a mechanical or electrical failure anywhere can cause major catastrophe. Wheels, brakes, doors, axles, and numerous other components should be properly installed, repaired, and maintained to keep passengers and others safe.
- Violence and altercations: Violent, unsafe, and irresponsible conduct and altercations both on the train itself and on train platforms, in stations, and in parking lots is unfortunately an ongoing problem in New York City. The agency in charge of the train, such as the Metropolitan Transportation Authority (MTA), could be held liable for not taking reasonable steps to protect people.
Available Damages in a Train Accident Case
Victims of train accidents (or their families in wrongful death cases) may have the ability to file a lawsuit and seek compensation for their losses. Although the available damages will vary from one case to another, most victims can claim the following:
- Medical bills: These include costs for ambulance care, surgery and emergency services, hospitalization, prescription medications, physical therapy, rehabilitation, adaptive medical equipment, mental health care and counseling, and more. Also included are reasonably estimated future medical needs the victim may have.
- Lost income: During recovery from their injuries, the victim could miss a significant amount of time from work. However, there is a good chance the victim will not be able to return to work at the same earning level (or, perhaps, at all). The victim can therefore seek compensation for lost future income, bonuses, benefits, retirement, and more.
- Property damage: People who are injured in train accidents and other injuries often have their personal property damaged or destroyed as a result. They have the right to ask for money to repair or replace items such as smartphones, computers, and other property.
- Non-economic damages: This broad category covers an array of personal losses and harms such as pain and suffering, emotional trauma, loss of consortium, decreased quality of life, and more. While non-economic losses are necessarily more subjective in nature, a seasoned New York City train accident attorney can help you seek compensation for them.
- Wrongful death damages: Because train accidents are often fatal, eligible surviving family members of the deceased victim may have the right to file a wrongful death lawsuit. This is similar to a personal injury claim but involves different damages, such as funeral and burial expenses, lost wages of the deceased, and loss of parental guidance.
How a New York City Train Accident Attorney Can Help
Retaining knowledgeable legal representation is vital to protecting your rights and interests as a train accident victim. When you hire Bornstein & Emanuel, P.C., we get to work by:
- Understanding the complex state and federal laws, rules, and regulations that govern train accident lawsuits
- Investigating the circumstances surrounding the accident
- Acquiring evidence of wrongdoing, including through the discovery process after litigation begins
- Identifying all parties who could be held responsible for your losses
- Drafting, filing, and serving your complaint and other court papers on all defendants
- Complying with all applicable civil procedure, evidence, and court rules
- If a government entity is involved, ensuring that the unique rules that apply when suing the government are followed
- Calculating a fair amount of compensation that covers your losses
- Mediating your case and negotiating with the at-fault parties and their insurance companies to seek an out-of-court settlement
- Taking your case in front of a jury if a reasonable settlement cannot be reached
- Hiring expert witnesses, such as accident reconstructionists, who can testify in your favor
Contact Our New York City Train Accident Attorney
At Bornstein & Emanuel, P.C., we represent clients at each stage of their case and seek the justice that they and their families deserve. We’re ready to serve you today. If you were injured in a train accident, connect with us online or give us a call to get started.
