One of the most popular types of transportation in New York is to travel by train. It is helpful, especially during rush hour, as commuters are trying to move about and not cause unwanted traffic buildup. However, there are certain areas where roads and trains will intersect, and if trains pass by, as well as motor vehicles without incident, things will be fine but accidents are bound to occur. Commuting on trains involves the potential for accidents, some of which may be lethal whereas others may involve debilitating injuries that could last for many years.
There are many potential hazards that need to be considered regarding trains, and it is very easy for the negligent actions of one person to lead to people becoming hurt. After being injured you can file legal documents for compensation, but you may need the help of a Buffalo train accident lawyer. In fact, many of the injuries these accidents cause can affect you for your entire life, augmenting your lifestyle and your health. It’s just not fair if you are unable to get compensation for injuries suffered in this accident that was not your fault.
Cellino Law is here for people that have experienced this type of situation, and they have many experienced and skilled personal injury lawyers in Buffalo that have handled a multitude of train accident lawsuits throughout the state.
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New York Train Accident Statistics
Over the years, there have been many train accidents that have occurred in New York. It is very common for collisions with cars to occur, particularly in intersections, or there could be individuals that are hurt by trains if they are too close to the rails and have suffered significant injuries.
The Federal Railroad administration, back in 2019, recorded thousands of train accidents, several hundred of which were in New York, and a percentage of those resulted in fatalities and many injuries. These accidents were caused by derailments in some cases, and they were often the result of collisions, human error, and even yard accidents that could have been prevented if the people that were in charge were not negligent with their duties or decisions.
What Causes Most Train Accidents In New York?
The train accidents can all be reduced to three primary factors;
- Mechanical failure
- Railroad malfunctions
- Human error
Of all of the problems, human error is a leading cause of train accidents, and it typically involves the engineer not paying attention, or failing to allow the machine to control the train especially at high speeds when approaching, or going around, curves in the tracks which will inevitably lead to a derailment. Those that are responsible for managing the train should always be alert, and in full control, plus they should know when to reduce the speed of trains to avoid derailment.
So much money has been put into the improvement of railroads over the years, but there are certain tract defects and broken rails that have led to these train derailments. Mechanical failures can also lead to accidents, especially if they are not serviced regularly, but, there are certain cases where the train is found to be perfectly functional, yet it may end up in an accident.
The Many Types Of Train Accidents That Lawyers Can Handle
Our team of lawyers can handle virtually any type of train accident or crash. This may include;
- A collision of cars and trains along with pedestrians
- Derailments that can cause damage to people and property
- Collisions between trains
- Accidents caused by high speed and sharp turns
Note that when there is a train accident, even those that occur on the subway system, Long Island Railroad, Amtrak, Conrail, Metropolitan Transport Authority, and even CSX, we can handle them all.
What Should You Do After The Train Accident Has Occurred?
If you are involved in a train accident, you may experience certain conditions such as becoming confused, indecisive, or anxious. There are certain steps that need to be taken, which will pave the way toward getting proper compensation if they are done immediately. By doing these things, and trying to remain calm, this information will help you substantially if you do the following;
Contact the police immediately so as to record a statement that can later be shown to prove negligence on the part of the other person minutes after it occurs
Be aware of people that may have also been injured. There are so many different types of injuries that can occur, some of which will require first-aid prior to the paramedics arriving. You need to note that your health is also important and you should not try to move around and struggle if you can’t do so safely. You should never be tempted to leave unless there is an impending fire or explosion. It is so important for the police to understand what happened at the accident site as it can play a large role in getting your compensation.
Witnesses at the scene of the accident will be there and you should get their information. They may prove useful as you are trying to pursue your claim, plus it’s going to help your lawyer contact them if they need more information.
Most people have smartphones which will allow them to record the accident. You need to get certain pictures or videos which will include the point of collision, the status of those at the scene of the accident, damages to the train, and any marks caused by the train wreck.
Never accept blame after an accident. A lawyer that handles train accidents in Buffalo, NY, will advise you not to do so. It is important to say nothing that could affect your claim to compensation.
Once you have left, it is important to get immediate medical attention, even if you do not think anything is wrong. These accidents can prove to be fatal if you are not treated in time for internal injuries you may not be aware of. You need to see a doctor and have an extensive diagnosis to determine if you were injured. If it is shown that you need to have treatments, keep all of your medical records and receipts of what has happened to you.
After you have done all of this a lawyer that knows how to prove train accident claims will be able to take over from here. They will be guided by any of the information that you can provide, and all of the steps that you have taken, in order to find a way to provide you with a compensation claim that will be approved.
Injuries Commonly Suffered In Train Accidents
Train accidents can be very bad, leading to severe injuries, especially when another train or a motor vehicle is involved. Passengers that are in the train may also experience head injuries, and other injuries depending upon how the accident unfolded. Some of the most common injuries that people can sustain as a result of a train wreck or collision will include;
- Spinal cord injuries
- Brain injuries
- Head trauma
- Skull fractures
- Loss of limbs
What Damages Will A Train Accident Claim Cover?
Those that are involved in train accidents, particularly when they are caused by another party, are often going to qualify for compensation. The settlement that is reached is often designed to get you back to normal, specifically how you were before the accident occurred.
When you are awarded damages they are designed to reflect the injuries that you sustained because of the accident. These can be substantial if you had life-changing injuries that you may not be able to recover from. The liable party will be responsible for medical costs. If injuries have caused you to lose time at work loss of income compensation will also be something available to you. Additional amounts may come your way including the costs associated with childcare costs, medical facility visitation costs, and any caregiver costs that may extend the rest of your life.
Other damages may include;
- Punitive damages
- Wrongful death
- Loss of companionship
Assessing damages requires you to understand the difference between non-economic and economic amounts. If they are economic in nature, these will represent actual losses, those that are objectively provable, as well as measurable according to the jury or judge. Noneconomic damages are representative of those things which do not have a monetary co-equivalent. There are certain caps that are in place as a result of regulations in New York which may not rise up to the phenomenal amounts that you often see with class-action lawsuits. The damages, in total, will be represented by punitive damages, economic damages, and those that are non-economic in nature.
Train Accident Liability In New York
There could be quite a few people that are going to be held responsible for the damages that have occurred to motorists or passengers. Train accidents that are the result of negligence will pursue responsible parties or even the insurance companies that may be involved in this type of situation.
A distracted engineer, for instance, may be found negligent for not reducing the speed of the train when going around a very sharp turn which leads to a collision. The other possibility is that the driver of the car that hits the train may be held liable for simply ignoring crossing signals and trying to get across the tracks.
Other entities that could face liability include;
- Railroad companies that were found to be negligent in not training their employees or providing safety equipment
- Railroad employees that were incompetent when loading the cargo
- Construction companies that were not using proper materials when building the railway tracks
- Railroad employees that failed to do their inspections
- Train operating companies that are found to be negligent in providing proper training for operating a train
There is one particular step that is crucial when pursuing claims and determining liability. It is obvious that no one would actually want to be found liable for compensating all of the affected parties. When you do work with a lawyer that for your train accident case, they will utilize all of the evidence they can find, prove liability on paper, and then file your compensation claim.
How Much Does It Cost To Hire A Lawyer For A Train Accident?
Cellino law has many New York certified attorneys who have handled train accidents. We do not charge you any upfront fees for our services. We operate on what is called a contingency fee which is simply a percentage of the total amount that you will win if they win your case.
If we do not win your case, make sure that in the fine print you see what other potential charges might be there. There could be fees for finding and interviewing expert witnesses, filing fees, transportation costs, and many others. Contingency fee agreements will apply to you if you are the plaintiff, or more simply stated if you happen to be the individual filing for compensation. If you are the accused party, the insurance company will be the one responsible for the legal fees.
In general, one-third of the total amount awarded is the standard contingency fee in New York. There may be variations of this depending upon the complexity of the case.
Cellino Law employs very competent New York lawyers that understand train accident law and will often use a sliding scale to determine the value of the legal services that we have provided.
How Long Do You Have To File A Train Accident Claim In New York?
Some of those time limits include those related to negligence cases. For example, umbrella law states that you have a total of three years to file your claim, but there are certain exceptions, especially in regard to train accidents.
If this involves a city train or a bus that is part of the municipality itself you have 90 days to file the claim. Following the claim, you have one year and 90 days from the date that the accident occurred to begin your lawsuit.
The statute of limitations that apply to your case may not be easy to determine, and that’s why our legal professionals are ready and willing to file your claim for you, by the specified time.
Why Would You Need To Get An Attorney For A Train Accident?
Although all of these legal matters can be confusing, New York law can be very complicated, and if you want to be successful with your compensation claim, you may not be able to do this on your own. There are certain specific procedures that must be followed, and if you don’t follow them exactly, your claim could be null and void.
There could be a very large amount of money associated with your compensation, and as for the accused, insurance companies will also hire lawyers to represent them. The lawyers that they will use are there to minimize the amount that the company will pay.
When you need a Buffalo train accident lawyer, always consider calling Cellino Law as we provide exceptional services in regard to compensation and injuries. We will immediately begin to prepare your case for you and can organize any information that you give them, especially if it provides concrete evidence. We will take all of the facts related to the case, and do their best to organize it in a way so that you can expect compensation. Once this is done, and the lawsuit process has begun, we will then begin the negotiation process as well.
As you might assume, many of these cases are settled out of court to never go to trial. Your lawyers are going to do their best to reach some type of settlement through negotiations. They will advise you on what to do, such as should you take the settlement or not, so that you don’t have to make these tough decisions.
If neither party can come to an agreement, it is inevitable that it will go to trial, and more evidence needs to be correlated. Before the court, your lawyers will argue your case, and eventually, the jury will come to a determination, and if not the jury, it will be the judge.
This entire process is very difficult, and it is something that most people will not want to do themselves, especially if they have been injured. The attorneys at Cellino Law will always be there to help you, which is why you need one of our train accident attorneys near Buffalo fighting for your compensation so that you can receive the money you deserve for the injuries you now have.
Call Cellino Law To Talk To A Buffalo Train Accident Lawyer
You are entitled to compensation for injuries that were caused by a train accident. During this time, it’s good to work with these professionals because you could be stressed, emotionally and physically, and injured. At Cellino Law our team of accident lawyers will do their best to get you a fair amount for the compensation that you need. If you need more info from our Buffalo personal injury firm, contact us for a free case review at (800) 555-5555.