Each year, railroad accidents contribute to fatalities and severe injuries, according to the Bureau of Transportation Statistics (BTS). Locomotive travel is a normal form of public transit and commercial transportation. Unfortunately, trains and rails are not always properly maintained. Defective equipment, such as failing brakes, can lead to collisions and derailment.
Some railroad accidents involve collisions at railroad crossings, which can be the result of defective lights or gates. When you sustain injuries from a train accident, a Yonkers railroad accident lawyer can file a personal injury claim to recover damages from the liable parties.
New York Civil Practice Laws & Rules section 214 allows a Yonkers railroad accident lawyer to seek recovery for:
- Pain and suffering
- Medical bills
- Property damage
- Mental anguish
- Loss of enjoyment
- Lost wages
You can consult a Yonkers railroad accident lawyer as soon as possible after your injuries because if your claims are not filed before the statute of limitations expires, you cannot recover damages. New York requires that personal injury claims are filed within three years of your injuries.
A Yonkers railroad accident lawyer can:
- Negotiate a settlement
- Argue your case at trial
- Collect evidence to support your claim
- Depose witnesses
- Subpoena documents
If you were in your vehicle when you sustained injuries during a railroad accident, you may be entitled to compensation from your auto insurance company or a negligent party. Since railroad accidents can involve multiple parties, litigation can be complex and difficult to navigate. You have the right to seek help from a Yonkers railroad accident lawyer.
Call Morelli Law Firm today at (212) 751-9800 to schedule a free consultation to review your legal options following a railroad accident.
Railroad Accidents
Railroad accidents can cause injuries to passengers, employees, and bystanders. Railroad companies have a legal obligation to ensure their trains are safe. Defective parts and equipment malfunctions can play a role in accidents, meaning that you may have a claim against the manufacturer of the equipment that failed.
While accidents are unintentional, railroad operators are liable for injuries caused during an accident. Some causes of railroad accidents involve mistakes and negligence, such as:
- Defective safety equipment
- Failing brakes
- Neglected maintenance
- Driver error
- Broken or unmaintained rails
Train collisions can cause severe injuries to pedestrians, bystanders, and motorists. When a train collides with a passenger vehicle, it can cause a severe impact. The impact increases the risk of fatal and disabling injuries. If an employee is injured during a train accident, the employer may be liable for failing to implement proper safety protections.
Call Morelli Law Firm today at (212) 751-9800 to schedule a free consultation to discuss the details of your case.
Liability
New York practices a comparative negligence rule that may allow you to collect damages even if you are partially responsible for the accident. Damages are reduced by the percentage you are responsible for the accident.
When you suffer injuries from a train accident, you may be entitled to damages from multiple parties. The train company and owner of the locomotive involved in the accident may be liable for failing to maintain equipment. If the accident was the result of an error by the train operator, it may make their employer liable for negligence.
Train companies have insurance policies, which may cover certain injuries related to a train accident. If the train accident was caused by a defective part, the manufacturer of the part can be liable. If you were driving when you were injured, you may be entitled to reimbursement for economic losses from your auto insurance policy carrier.
Yonkers Railroad Accident Lawyer Near Me 877-751-9800
Damages
A Yonkers railroad accident lawyer can recover financial compensation from the liable parties. New York does not limit the amount of economic or non-economic damages you may recover for injuries related to a train accident.
Economic
When you absorb bills or costs because of your injuries, those losses allow you to recover economic damages.
Examples of economic losses you can recover damages for includes:
- Hospital bills
- Prescription medication costs
- Rehabilitation costs
- Lost wages
- Property damage
- Transportation to appointments related to your accident
If you were operating your vehicle when you sustained injuries, economic losses include repair and replacement costs for your car. If you were a train passenger during the accident, economic losses include damage to your personal property and luggage.
Severe injuries may cause you to miss work. Lost wages are considered economic losses, making it important to document your expenses following a train accident. You can prove economic losses by providing bills and bank statements to a Yonkers train accident lawyer, which can be submitted to the court.
Non-Economic
Not all injuries can be proven using bills or invoices, which is why New York allows a Yonkers train accident lawyer to pursue non-economic damages.
Non-economic losses can include:
- Pain and suffering
- Loss of consortium
- Loss of enjoyment
- Loss of affection
- Diminished earning capacity
- Mental anguish
Experiencing a train accident can cause physical and psychological harm. Serious injuries may be chronic or disabling, which can impact your ability to earn an income. If your injuries prevent you from engaging in the same work you did before the accident, it can prevent you from maintaining your standard of living or providing for your dependents.
Severe injuries that cause you to lose an important bodily function, such as walking, can be compensated for through non-economic damages. Juries can consider how your injuries impact your future quality of life. You can experience trauma and mental illness following your accident, which a Yonkers train accident lawyer can request non-economic damages for.
Non-economic damages ensure that you are compensated for the emotional and physical pain your injuries caused. That makes it important to complete follow-up treatment for your injuries, as medical records can be used to demonstrate the long-term effects of your injuries.
Call Morelli Law Firm Today
When you suffer injuries in a train accident, you can lose your ability to work or have difficulty enjoying life. Severe injuries can lead to disability, which can diminish your quality of life.
Call Morelli Law Firm today at (212) 751-9800 to schedule a free consultation to review your legal options following a train accident.