If you or a loved one suffered injuries from a railroad accident, you may be able to obtain compensation. Trains are utilized for passenger and commercial transportation purposes. While trains are not the most common form of transportation in the country, they are still involved in accidents each year.
Train accidents are destructive when collisions and derailment occur, as trains can collide with bystanders and passenger vehicles, causing significant impact. Suffering injuries from a train accident can impact your health and finances.
Train accidents can lead to chronic and severe injuries, such as:
- Traumatic brain injuries
- Spinal cord injuries
- Organ damage
- Blunt-force trauma
Train accidents can injure employees, passengers, and bystanders. Collisions at a railroad crossing are the most common train accidents, which can lead to locomotives striking vehicles. Collisions involving trains and cars are more likely to cause severe injuries.
Causes of Railroad Accidents
Train accidents at railroad crossings can be the result of malfunctioning safety equipment, such as crossing signs and lights. Discussing the details of your train accident with a New Rochelle railroad accident lawyer ensures that all liable parties are pursued during an injury claim.
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Getting Legal Help from a New Rochelle Railroad Accident Lawyer
Failing to name all liable parties during a personal injury claim can bar you from collecting damages. If a loved one passed away as a result of a train accident, you have two years to file a wrongful death lawsuit.
The civil law system in New York is complex, as you must meet strict filing requirements and deadlines to avoid having your case dismissed. Working with a New Rochelle railroad accident lawyer ensures that your claims are preserved and your complaint is filed properly and timely.
A New Rochelle railroad accident lawyer can:
- Collect evidence
- Subpoena documents and witnesses
- Depose witnesses
- File a personal injury claim
- Negotiate a settlement
- Argue your case at trial
If you sustained injuries from a train accident, call Morelli Law Firm today at (212) 751-9800 for a free consultation and discuss your rights to compensation.
To pursue a personal injury claim, a New Rochelle railroad accident lawyer must prove that you sustained injuries and losses because of neglectful conduct. New York allows you to recover damages even if you are partially responsible for your injuries because the state practices a comparative negligence rule. Damages are reduced by the percentage you are responsible for your injuries.
The right to pursue a personal injury claim exists when the responsible party acted with intentional malice or in a reckless manner. That means you can recover damages for intentional conduct, like assault, and unintentional conduct, like negligence.
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Most train accidents create a personal injury claim for negligence. Negligence occurs when an individual has a duty to care, violates this duty, and the violation results in actual harm.
Actual harm can include:
- Medical bills associated with the negligent conduct
- Losing income because of your injuries
- Property damage
A New Rochelle railroad accident lawyer can prove the other party acted negligently by:
- Interviewing and deposing witnesses
- Requesting copies of train repair records
- Requesting reports of previous accidents the railroad company was involved in
- Collecting a copy of the train accident crash report
- Requesting video footage of the accident, if available
- Reviewing whether the conductor was involved in other accidents
Negligence can involve a train owner failing to maintain the locomotive, which can lead to an accident because of failing parts or equipment. If the railroad hired a conductor with a history of unsafely operating trains, it can demonstrate the employer engaged in negligent hiring.
Another way negligence can be established is by reviewing whether the railroad company has a history of safety violations. Safety infractions are documented, as regulatory authorities conduct safety checks and publish the results.
Call Morelli Law Firm today at (212) 751-9800 for a free consultation and discuss the details of your case.
When you sustain injuries from negligent conduct, a New Rochelle railroad accident lawyer can pursue economic and non-economic damages. Damages are meant to place the victim in the same position in life as if the negligent conduct never occurred. An act of negligence can cause long-term costs and damages, which is why New York does not cap the amount of compensation a New Rochelle railroad accident lawyer can recover for economic and non-economic losses.
When you have to pay bills because of injuries sustained in a train accident, you are entitled to pursue economic damages. Economic losses are actual costs you absorbed or have to pay because of your injuries. Medical bills that you incur for treatment of injuries sustained in a train accident are considered economic losses.
If you had to receive emergency medical treatment, ambulatory bills are considered economic losses. A New Rochelle railroad accident lawyer can use receipts and invoices to document your economic losses, making it important to keep copies of bills related to your accident.
When your injuries cause you to miss time from work, your lost wages are considered economic losses. To prove lost income, you must provide proof that your injuries caused you to miss work. You can use pay stubs to prove how much income you lost.
Other examples of economic losses include:
- Damage to your personal property, such as your luggage or vehicle
- Transportation costs to medical appointments
- Legal and filing fees
- Prescription drug costs
- Costs for medical devices you need because of your injuries
When your injuries impact your quality of life, a New Rochelle railroad accident lawyer can recover non-economic damages.
Examples of non-economic damages include:
- Loss of consortium
- Loss of enjoyment
- Pain and suffering, which is “compensation for your physical and emotional distress (Legal Information Institute (LII))”
- Mental distress
- Loss of affection
Injuries can prevent you from enjoying the same activities you engaged in before your accident, which can lower your quality of life. If injuries resulted in the loss of an important bodily function, such as the loss of the use of your hand, you can receive compensation for loss of consortium. The severity of your injuries, your age, and the impact your injuries have on your standard of living and quality of life are factors jurors can consider when awarding damages for non-economic losses.
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Injuries you sustain in a train accident can cause chronic pain, mental distress, and a loss of income. A New Rochelle railroad accident lawyer can file a personal injury claim and recover financial compensation for your injuries. You have three years to file a personal injury lawsuit according to New York CPLR 214 (5).
If you sustained injuries from a train accident, call Morelli Law Firm today at (212) 751-9800 for a free consultation.