Morelli Law

Your SUPER-powered WP Engine Site

Morelli Law Logo
  • About
    • Scholarships
    • Results
    • Testimonials
  • Our Attorneys
  • Practice Areas
    • Car Accidents
    • Truck Accidents
    • Motorcycle Accidents
    • Wrongful Death
    • Construction Accidents
    • Medical Malpractice
    • Nursing Home Abuse
    • Personal Injury Lawyer
    • Defective Drug
    • Employment Discrimination
    • Commercial Litigation
    • Sexual Harassment Lawyers
    • All Practice Areas
  • Areas We Serve
    • New York Personal Injury Lawyer
    • Albany NY Personal Injury Lawyer
    • Buffalo NY Personal Injury Lawyer
    • Hempstead NY Personal Injury Lawyer
    • Huntington NY Personal Injury Lawyer
    • Long Beach NY Personal Injury Lawyer
    • Long Island NY Personal Injury Lawyer
    • Mt. Vernon NY Personal Injury Lawyer
    • White Plains NY Personal Injury Lawyer
    • New Rochelle NY Personal Injury Lawyer
    • View All Areas
  • RESOURCES
    • FAQs
    • Legal Blog
    • Press
    • Broadcast

877-751-9800

Request Case Evaluation

x
  • Morelli Law Logo
  • Request Case Evaluation
  • About
    • Scholarships
    • Results
    • Testimonials
  • Our Attorneys
  • Practice Areas
    • Car Accidents
    • Truck Accidents
    • Motorcycle Accidents
    • Wrongful Death
    • Construction Accidents
    • Medical Malpractice
    • Nursing Home Abuse
    • Personal Injury Lawyer
    • Defective Drug
    • Employment Discrimination
    • Commercial Litigation
    • Sexual Harassment Lawyers
    • All Practice Areas
  • Areas We Serve
    • New York Personal Injury Lawyer
    • Albany NY Personal Injury Lawyer
    • Buffalo NY Personal Injury Lawyer
    • Hempstead NY Personal Injury Lawyer
    • Huntington NY Personal Injury Lawyer
    • Long Beach NY Personal Injury Lawyer
    • Long Island NY Personal Injury Lawyer
    • Mt. Vernon NY Personal Injury Lawyer
    • White Plains NY Personal Injury Lawyer
    • New Rochelle NY Personal Injury Lawyer
    • View All Areas
  • RESOURCES
    • FAQs
    • Legal Blog
    • Press
    • Broadcast

If I Am Injured in a Railroad Accident, Who Can I Sue?

Home » FAQ Morelli Law » Railroad Accidents » If I Am Injured in a Railroad Accident, Who Can I Sue?

If I am injured in a railroad accident, who can I sue

If you are injured in a railroad accident, who you can sue depends on the details of your accident. Railroad accident injury claims take into account factors such as:

  • Whether the train operator made an error
  • Whether a mistake was made during routine maintenance
  • If a defective product was used to service the train

Determining who is at fault can help you understand who to sue. Our firm can investigate the accident and then file the suit on your behalf.

Possible At-Fault Parties in a Railroad Accident

Liable parties are the entities you may file a lawsuit against and who will be responsible for paying you damages. Though your individual situation may differ from that of the next person, the liable party or parties in your case could include the following.

Train Operator

Some railway accidents occur due to a train operator’s error. Mistakes may be made due to:

  • Lack of training
  • Carelessness
  • Driving while under the influence of drugs or alcohol
  • Driving while distracted or overtired

In any of these situations, the train operator may be found at fault. We can investigate your accident and determine if the train operator’s actions (or inaction) contributed to your railroad accident.

Railroad Company Owner

Companies that own railway lines are expected to keep lines safe to operate. The railroad company owner may be held liable for your injuries if the accident occurred due to:

  • Operator error
  • A defect in the rail lines
  • A lack of maintenance on the train

Railroad operators are often employees of the railroad companies, not general contractors. If the accident was due to operator error, both the railway company owner and the operator may be held liable.

Railway Product Manufacturers and Distributors

The parts and products used in constructing and repairing railroads and trains are important to the safe transportation of passengers. Some of the parts most critical to safe train operation include:

  • Brakes
  • Steering apparatus
  • Wheels
  • Railroad tracks

When these products are defective, the consequences can be devastating. Manufacturers may be held liable if their product’s defect leads to a railway accident that results in injuries and/or deaths.

Railway Service Workers

Finally, if a railway service worker performs a faulty repair job to the railroad or the train, they may be considered at fault for the accident, making them (or their employer) liable.

There May Be Multiple Liable Parties

In any accident, multiple factors may have combined to cause the incident. In other words, more than one party may be at fault, and more than one party could be liable.

What does this mean for your case? If there are multiple liable parties, you can receive compensation from more than one source. Your case may also take longer to settle. Our law firm can help you figure out who the at-fault party or parties are in your case.

What to Know About Filing a Railroad Accident Injury Suit

If you were injured in a railroad accident, you may qualify to file a personal injury lawsuit. If your loved one passed away in a railroad accident or due to railroad accident injuries, you may file a wrongful death lawsuit. Either way, our firm is here to help.

Here is what you need to know about railroad accident injury lawsuits.

If You Are an Injured Passenger

Passengers injured in railroad accidents will file personal injury lawsuits against the liable party for:

  • Medical costs
  • Time missed from work while in recovery
  • Inability to work or earn as much as before
  • Any other bills incurred due to the accident
  • Physical pain and suffering
  • Emotional trauma
  • Impaired quality of life
  • Scarring or disfigurement

Injured passengers are rarely at fault in railway accidents since they are being transported. The railway company is responsible for the passengers’ safety while passengers are aboard the train. If they fail to meet these standards, they can and should be held liable for any serious injuries that occur.

If You Are an Injured Railroad Worker

If you suffered an on-the-job injury as a railroad worker, you have the right to sue your employer for negligence, as stated in the Federal Employers’ Liability Act (FELA). Through this avenue, you could recover compensation for your injuries. This includes many of the damages listed in the previous section.

A lawyer from our firm can explain more about the nuances of this process.

Laws That May Apply to Your Case

Railroads are regulated by both state and federal laws, including the Interstate Commerce Law, according to the U.S. Senate. This law oversees the safety standards of cargo carriers and helps ensure that certain regulations are met.

The Federal Railroad Administration (FRA) oversees the safety of railroad operations, including making sure railroads are safe and reliable for passengers and employees alike. If the railroad operator violated any safety laws, it is the FRA’s job to see that these violations are dealt with.

Finally, you must take the statute of limitations into account. Found at CPLR § 214, this law gives personal injury victims three years to file a lawsuit. This limit is different for wrongful death victims and may also be impacted by the circumstances of your accident. The sooner we can get started, the better we can protect your rights.

We Can Help You Seek Compensation After a Railroad Accident

If you were injured in a railway accident, you can identify the liable party and sue them for compensation. Find out who you may be able to sue when you contact Morelli Law Firm at (212) 751-9800. Personal injury victims can receive a free case evaluation from us at any time, day or night.

    HOW CAN WE HELP?

    TELL US A LITTLE ABOUT YOUR CASE

    FAQ Categories

    • Brain Injury
    • Bus Accidents
    • Business Litigation
    • Car Accidents
      • DUI Crashes
    • Class Action Lawsuit
    • Commercial Litigation
    • Commercial Motor Vehicle Accidents
    • Construction Accidents
    • Defective Devices
    • Defective Drugs
    • Elder Abuse
    • Employment Discrimination
    • Hit-and-Run Accident
    • Medical Malpractice
    • Motorcycle Accidents
    • Nursing Home Abuse
    • Personal Injury
    • Railroad Accidents
    • Scooter Accidents
    • Sexual Harassments
    • Truck Accidents
    • Wrongful Death

    Find An Injury Lawyer Near You

    • New York Personal Injury Lawyer
    • St. Charles Personal Injury Lawyer
    • Huntington Personal Injury Lawyer
    • Edwardsville Personal Injury Lawyer
    • Wayne Personal Injury Lawyer
    • St. Louis Personal Injury Lawyer
    • St. Peters Personal Injury Lawyer
    • Chicago Personal Injury Lawyer
    • Mt. Vernon Personal Injury Lawyer
    • New Rochelle Personal Injury Lawyer
    • Jersey City Personal Injury Lawyer
    • North Bergen Personal Injury Lawyer
    • Long Beach Personal Injury Lawyer
    • Long Island Personal Injury Lawyer
    • Paterson Personal Injury Lawyer
    • Chesterfield Personal Injury Lawyer
    • Hempstead Personal Injury Lawyer
    • Belleville Personal Injury Lawyer
    • Passaic Personal Injury Lawyer
    • Cape Girardeau Personal Injury Lawyer
    • Clifton Personal Injury Lawyer
    • Buffalo Personal Injury Lawyer
    • Philadelphia Personal Injury Lawyer
    • Newark Personal Injury Lawyer
    • Englewood Personal Injury Lawyer
    • Union City Personal Injury Lawyer
    • Albany Personal Injury Lawyer
    • Yonkers Personal Injury Lawyer
    • Carbondale Personal Injury Lawyer
    • O’Fallon Personal Injury Lawyer
    • Marion Personal Injury Lawyer
    • White Plains Personal Injury Lawyer
    • Mount Vernon Personal Injury Lawyer

    Request A Case Evaluation

      To Top
      Morelli Law Firm Call For Your Free Consultation

      877-751-9800

      Office Location

      777 3rd Ave 31st Floor,
      New York, NY 10017

      GET DIRECTIONS

      Navigation

      • Home
      • About
      • Attorneys
      • Areas We Serve
      • Practice Areas
      • Results
      • Testimonials
      • FAQs
      • News
      • Blog
      • Videos

      Practice Areas

      • Car Accident Lawyer
      • Truck Accident Lawyer
      • Construction Accident Lawyer
      • Wrongful Death Lawyer
      • Medical Malpractice Lawyer
      • Nursing Home Abuse Lawyer
      • Employment Discrimination Lawyer
      • Commercial Litigation Lawyer
      • Defective Drugs Lawyer
      • Sexual Harassment Lawyer
      • All Practice Areas

      Latest FAQ

      • Does a Police Report Automatically Go To Insurance?
      • What Are the No-Zones of a Truck?
      • What to Do When You’re Hit While Driving Someone Else’s Car

      Latest News

      • Fighting for Your Rights: What to Expect from a New York Personal Injury Lawyer
      • Benedict Morelli Interviewed at Trial Lawyers University Conference
      • Brain Injury Association of New York Journey of Hope Gala
      Terms & Conditions Privacy Policy Site Map
      © 2023 Morelli Law, All rights reserved.