There’s a stereotype that when drivers in smaller vehicles get hit by trains, it’s the driver’s fault. But that’s not necessarily true. There are many reasons you might get in an accident with a train that still makes you eligible for damages.
The aftermath of railroad accidents often brings great injury and expense. Often, people die. If you’re seeking help after a railroad accident, speak to our railroad accident attorneys in White Plains at Morelli Law Firm about what happened. We may be able to help you get compensation.
Our Past Railroad Accident Representation
In 2015, Morelli Law represented the victims of the Amtrak train crash that happened outside of Philadelphia. 200 passengers were injured and eight were killed in that accident. We were among several appointed firms by the federal government to represent the victims.
In addition to helping them win the case, we spearheaded an effort in Congress to raise the maximum level of damages in federal railroad accident cases by $95 million and had it apply retroactively to the victims in this case. In total, they awarded the victims $265 million.
Since then, we’ve represented victims in other derailment cases, as well as many other injured parties in smaller railroad accidents. We believe our experience and aggressive approach to railroad accidents sets us apart from our competitors.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
Who Is Liable in Railroad Accidents?
Since railroads are a commercial business, there are many potential parties that could be liable for your accident. The first place to look is the conductor or train driver. But sometimes, the problem lies deeper. For example:
- An employer may have pushed their drivers to go longer without breaks and exhausted them.
- A safety engineer may have missed a fault in safety gear that should have warned you or the conductor of a hazard.
- The rails or trains may have been in poor condition and caused a dangerous situation. This could be the fault of the railroad or even the government agency responsible for maintaining those rails.
Finding all the parties gives you the best chance of pursuing compensation. A railroad accident lawyer in White Plains can determine who is most liable and who is most likely to have the assets or insurance necessary to cover all your damages.
Damages You Can Receive in Railroad Accidents
Damages are the things you receive compensation for when you file a claim or a lawsuit. Thus, most damages are related to physical and mental trauma and their associated costs. You can also receive compensation for property damage to your vehicle.
Some of the standard damages you can receive in railroad accidents include:
- Medical bills after your accident
- Lost wages and lost potential for income
- Property damage payments for your vehicle (to repair or replace)
- Disability payments, should you be unable to work again
- Pain and suffering
- Loss of consortium, if you lost a loved one
- Wrongful death damages, if you lost a loved one.
- Mental anguish
These are just a few of the possibilities. Until our railroad accident lawyers look into your case, we cannot tell you which ones will apply. However, we will leave no stone unturned looking for potential avenues of compensation.
Statute of Limitations for Railroad Accidents in New York
All personal injury cases have a deadline for filing. This is called the statute of limitations and it’s an important part of the legal system. It is part of our right to a speedy trial, as put forth in the Bill of Rights. Each state has their own deadlines.
In New York, the standard statute of limitations for personal injury claims, including train accidents, is three years from the date of your accident. However, there are exceptions. If you were injured by a train run by a government, like Amtrak or the Metro-North, you may only have a few weeks to file.
Even if you feel you don’t have all the evidence of your injuries yet, speak with a railroad accident lawyer. They can toll (pause) the statute of limitations clock while they perform their investigation of your case.
Seek Help After Your Railroad Accident
Trying to find the right parties to sue and overcoming the arguments of train insurers is difficult for the average person. One error could threaten all your compensation. Let our professional railroad accident lawyers in White Plains handle the job for you.
To seek help after your railroad accident, call us or use our online contact form to schedule a free case evaluation. If you cannot come to us because of your injuries, we can arrange to send a representative to you. Morelli Law Firm looks forward to helping you achieve justice.