From the National Safety Council on railroads, 841 people died in railroad accidents in 2018. Another 8,136 people sustained injuries that same year, which included 3,886 railroad employees and 1,375 train passengers. Railroad accidents can involve trains leaving the rails or colliding with other objects, such as collisions at railroad crossings.
A train accident can cause physical, emotional, and financial harm, as injuries may prevent you from returning to work or cause excessive medical debt. When you suffer injuries from a train accident, a Mount Vernon railroad accident lawyer can pursue damages by filing a personal injury claim.
New York Civil Practice Law & Rules §214 is the state’s statute of limitations on personal injury cases. It requires you to file your personal injury lawsuit within three years. Under New York Estates, Powers & Trusts §5-4.1, you have two years to file a lawsuit for a wrongful death case.
A Mount Vernon railroad accident lawyer ensures your rights are protected following a train accident and can:
- Negotiate a settlement
- Investigate the cause of the accident
- Argue your case at trial
- Interview witnesses
- Request copies of maintenance records for the train involved in the accident
- Assist you in filing for unemployment and disability benefits
When you experience a train accident, you may develop trauma and anxiety. Serious injuries can cause chronic pain and psychological torment, which can impact your quality of life.
A variety of factors can cause train accidents, such as:
- Mistakes by the conductor
- Defective equipment and brakes
- Inadequate safety mechanisms
- Damaged train tracks
Some railroad companies may not perform regular maintenance on their trains, which can lead to accidents and collisions. If you were operating your car or were a bystander when you were injured, you may have additional claims, making it important to discuss the details of your case with a Mount Vernon railroad accident lawyer.
If you suffered injuries in a train accident, call Morelli Law Firm today at (212) 751-9800 for a free consultation.
Railroad Personal Injury Claims
New York allows you to recover financial compensation if you are the victim of tortious conduct. To recover damages, you have to file a personal injury claim against the responsible party. Since New York practices a contributory negligence rule under New York Civil Practice Law & Rules §1411, you can recover damages even if you are partially responsible for your injuries.
Railroad companies must ensure their trains and tracks are safe. Otherwise, they can be liable for injuries that their negligence causes. A personal injury claim exists when an individual or entity fails to act prudently. Individuals and companies have a duty to care, meaning if they fail to maintain their property, and it causes injuries, the victim can pursue financial compensation.
You can recover damages for injuries that are a direct result of tortious conduct. Tortious conduct involves intentional actions, like assault, and unintentional ones, like negligence. Most train accidents involve unintentional tortious conduct. Negligence is the most common unintentional tort.
If a railroad company fails to inspect their trains regularly and a defect, such as failing brakes, contributes to an accident that injures you, a Mount Vernon railroad accident lawyer can pursue damages for negligence.
Damages can involve physical, financial, and emotional harms, such as broken bones, medical bills, and trauma.
Call Morelli Law Firm today at (212) 751-9800 for a free consultation to discuss your entitlement to damages following a train accident.
Liability in Railroad Accidents
One reason why contacting a Mount Vernon railroad accident lawyer following injuries related to a train accident can help is because you may be entitled to compensation from multiple parties. If you were driving and a train struck your car, you may be able to collect reimbursement for certain damages from your auto insurance policy.
The railroad company likely carries insurance, meaning that you can be entitled to compensation from their insurance company. A Mount Vernon railroad accident lawyer can investigate the type of insurance coverage the railroad company involved had and can contact the provider and negotiate a settlement.
If a defective safety mechanism caused the train accident, such as railroad crossing gates or signs, you may have claims against the party responsible for their maintenance. Determining liability requires understanding the cause of the accident. If a defective part caused the train crash, the part manufacturer may be liable for damages. If the conductor had a history of unsafe operating practices, their employer can be responsible for negligent hiring.
Mount Vernon Railroad Accident Lawyer Near Me 877-751-9800
Recoverable Damages From a Railroad Accident Claim
New York does not cap the damages a Mount Vernon railroad accident lawyer can recover during a personal injury claim. You can be entitled to both economic and non-economic damages.
Economic
Economic losses are the actual financial costs you incurred or paid because of the train accident.
Common economic losses include:
- Lost wages
- Hospitalization costs
- Medical bills related to the treatment of your injuries
- Property damage
Injuries from a train accident may cause significant property damage. If you were driving when you were involved in a train accident, damage to your vehicle is considered an economic loss. If you were a passenger on the train when you were involved in the train accident, you can recover economic damages if your property was damaged or destroyed.
Medical bills associated with the treatment of your injuries, which can include ambulatory and hospitalization costs, is also an economic loss. It is important to see a health care provider following a train accident to ensure treatment and documentation of your injuries.
Non-Economic
Train accidents can cause non-economic losses, which are injuries that cannot be proven with bills or bank statements. Non-economic damages consider how the injuries impact your future. Juries can also consider whether the injuries preclude you from engaging in the same activities you enjoyed or participated in before the accident.
Severe injuries may prevent you from working or earning an income, which can diminish your quality of life. Emotional distress can lead to chronic mental health symptoms, allowing a Mount Vernon railroad accident lawyer to recover damages for pain and suffering and loss of enjoyment.
Call Morelli Law Firm Today
If you are the victim of a train accident, injuries can cause physical difficulties and chronic pain. Discussing your legal options with a Mount Vernon railroad accident lawyer. They can help you pursue the damages you are entitled to receive under New York law.
Call Morelli Law Firm today at (212) 751-9800 for a free consultation and to discuss your rights to compensation following a train accident.