Trains help commuters in New York to get around town and avoid heavy traffic during rush hours. They are some of the most popular modes of transport in New York. There are certain points where trains intersect with normal vehicles on the road. This is where accidents are bound to happen. On the other hand, people who travel on trains are also at risk of getting involved in different kinds of accidents. Some of these accidents are serious and could lead to death.
When considering the potential hazards surrounding trains, one could easily be injured due to someone else’s negligence. If you or someone in your family is injured due to a train accident, the first thing you need to do is to hire a professional Long Island train accident lawyer. The attorneys at Cellino Law are always ready to assist you to get the maximum amount of compensation you deserve.
Most of the train accident injuries could have lifelong implications for your health and lifestyle. Hence, it isn’t fair to let you suffer from these injuries due to someone else’s negligence. Cellino Law has a highly skilled and experienced team of Long Island injury attorneys to help you get the maximum compensation for your injuries.
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New York Train Accident Statistics
NY has had its own share of train accidents in the past few years. Train collisions with cars at intersections are some of the most common train accidents in New York. There are also cases of people being hit by trains while walking close to the rails.
The Federal Railroad Administration recorded over 50,000 train accidents in the country in 2019. More than 500 of these accidents were in New York. 90% of these accidents resulted in injuries to passengers and 10% of train accidents resulted in fatalities. Most of these incidents were a result of derailments of the railroad while the others involve human factors, yard accidents, and collisions.
Common Causes of Train Accidents in New York
All causes of train accidents are due to three factors such as:
- Human error
- Railroad malfunctions
- Mechanical failure
Human error has become the leading cause of train accidents. Some of these errors include speeding, engineer distractions, and the failure to control the machine. In fact, the employees who manage trains and railroads are supposed to be alert and set the right controls in place. This will help avoid cases of derailment due to excessive speed.
Although the government has spent a lot of money to improve railroads over the years, broken rails and track defects are the leading causes of a train derailment. Because trains are regularly serviced, mechanical failures are considered some of the least common causes of train accidents. But there are cases where engineers have failed to point out obvious issues before clearing the train as fit-to-go. This is another cause of train accidents.
Our Lawyers Handle Different Types of Train Accidents
We employ an experienced team of train accident lawyers that handles just about any type of crash involving a train. Some of the accidents we handle include:
- Trains collisions with pedestrians and cars due to failure of barrier lights
- Cases where the train moves while a passenger is yet offboarding
- Derailment where trains go off tracks to cause extensive damage to people and property
- The collision of two trains due to faulty railroad switches
- Accidents due to trains overspeeding and sharp turns – these accidents mostly happen inside a train
Our team has the experience to handle all types of train accident cases including Subway systems, Long Island Railroad, Amtrak, Metropolitan Transport Authority, CSX, and Conrail.
What Should You do After a Train Accident?
Once you are involved in a train accident, you may become anxious, confused, and most probably, unable to make the right decision on what to do next. But the steps you take after the train accident could go a long way to determine how you will be compensated for the damages. You should always stay calm and follow the steps mentioned below:
Call the police because they should record a statement about the accident. This statement is important since it will be used in your claim process to prove negligence. The police should be on site within a few minutes of calling them.
Check to see if the other victims of the accident are in a stable condition. Injuries can be extensive in a train accident. In fact, some people may require immediate first aid to keep them alive while you wait for the paramedics to arrive. Your health is a priority and doesn’t move around the scene if you are not in a position to do so. Don’t try to leave the site of the accident unless there is a risk of fire or explosion. The police should get an accurate picture of the accident for them to determine liability.
If there are other people who have witnessed the accident, you should get their information. Some of these people can be useful witnesses in your claim. Don’t forget to get their contacts so that your lawyer can contact them in case they need further information regarding the accident.
If you carry a smartphone with you, try to record the accident scene. This isn’t difficult because we live in a digital era today. Don’t forget to capture the essential points such as damages to the train, the status of the accident scene, point of collision, and any marks on the railroad.
Don’t admit fault even if you are responsible for the accident. You should let our skilled and experienced New York train accident lawyers handle the case for you. Remember that there is always a struggle when determining liability and saying the wrong thing can ruin your chances of being compensated for your damages.
Even if you are unscathed, make sure you seek medical assistance as soon as you leave the scene. Most of the train accidents can result in internal injuries that could be fatal when not treated immediately. Go to your doctor and let him/her conduct a thorough physical check-up to make sure you don’t have any internal injuries. If you are hurt, get medical treatment and keep the records and receipts of your visit safely.
Once everything is in order, you should consult with a train accident lawyer in New York to let them handle the case. The information you collected can be significantly important for our lawyers to proceed with your case.
Common Injuries Suffered in Train Accidents
Victims of train accidents could suffer severe injuries due to the sheer size of the train and the impact it has when in collision with another vehicle. In fact, passengers inside the train may also suffer injuries depending on the nature of the accident. Some of the common injuries include:
Some of the Damages You Can Receive in a Train Accident Claim
If you are involved in a train accident that was caused by another party, you are entitled to compensation for the damages you sustain. This settlement will help reinstate you to the original state you were in before the train accident happened.
The initial type of damages you are eligible to claim is for the injuries you suffered as a direct result of the train accident. The victim may not fully recover from some of these injuries as they can be life-changing. The victim may have to cater to present and future medical costs as well as the pain and suffering caused due to the accident. If you are employed and unable to work as a result of the accident, you are entitled to claim for the loss of income. Additional factors that may be included in your claim are transport costs for future medical facility visits, caregiver costs, and childcare costs.
Other damages you can get in your claim include:
- Wrongful death
- Loss of companionship
- Punitive damages
When assessing damages, it’s important to know the difference between economic damages and non-economic damages. Economic damages are measurable and are objectively provable. In fact, they are real losses. On the other hand, non-economic damages are hard to quantify because they are non-monetary. The State of New York has limitations on non-economic damages to make sure they don’t rise to abnormal amounts in any lawsuit. The total amount of damages in a train accident case is the sum total of economic, non-economic, and punitive damages.
Who Can be Held Liable for a Train Accident in New York?
Numerous entities could be held responsible for making sure that trains are safe for passengers and other motorists. The responsible parties and their insurance providers will be held liable for train accidents caused due to negligence. For example, a distracted engineer might not reduce the train speed in good time when going over a railway crossing or approaching a sharp bend.
This could result in a collision. Also, the driver in the other vehicle could be held liable if he or she disregarded the crossing signals and tried to cross the rail when he or she was not supposed to do so.
Other entities that can be held liable include:
- Railroad companies that don’t train their employees to check the rails to make sure they are fit to hold the trains or not having sufficient safety equipment in the trains.
- Railroad employees who don’t load up cargo well
- Construction companies that don’t use the right material when building the railway tracks
- Railroad employees who are tasked to inspect the railroads but fail to do so
- Train operating services that don’t train their staff to operate trains properly
Determining liability is one of the most crucial steps of the entire claims process. No entity would admit liability openly since they will be required to compensate the affected parties if they do so. Our experienced train accident lawyers will collect all the evidence and go all out to prove liability before filing your compensation claim.
How Much Does a Train Accident Lawyer Cost?
Cellino Law’s qualified train accident attorneys don’t have a specific amount of money that they charge for their services. We always work on a contingency fee agreement. The lawyer will agree to represent your case with the understanding that he or she will collect a fee if the case is ruled in your favor. You will not have to pay if you don’t win the case.
But there are some fees involved such as expert witness fees, filing fees, and transport costs that you may have to pay even if the case isn’t ruled in your favor. You should also note that a contingency fee agreement will apply if you are the plaintiff or if you are the person filing for compensation. If you are the person accused in such an accident, your insurance provider will have to pay for the legal fees.
The average contingency fee in a train accident in NY is 33% of the compensation awarded to you. But there can be several variations to this fee depending on how your case spans out. If the lawsuit is settled before the train accident lawsuit is filed, the fee will be lower at 25% of the compensation awarded. If the lawsuit is filed and the lawyer settles the case before it gets to trial, the fee is 33%, but if the case goes to trial, you will have to pay around 40%.
How Long do I Have to File a Train Accident Claim in New York?
The Statute of Limitations in NY categorizes train accidents as negligence cases. You should file a train accident case within 3 years of the accident. But there are some exceptions to this – especially ones that touch on train accidents. If the accident involves a municipality such as a city train, you have a maximum of 90 days to file a notice of claim. You will get one year and ninety days from the date of the accident to start the lawsuit. If you aren’t sure about the statute of limitations that applies to your case, contact one of our train accident lawyers at Cellino Law. We will make sure to file your case within the right time limits.
Why do I Need to Hire a Train Accident Lawyer?
Train accident lawsuits in New York are quite complicated. If you are not conversant with the law, your chances of filing for compensation and winning the case are minimal. You should follow specific procedures to successfully file a train accident lawsuit in New York. Failing to do so will render your claim null and void.
The amount of compensation at stake in a train accident case is quite hefty. The accused – insurance providers – will hire the best legal talent in the region to represent them. They will have the best lawyers arguing for them. They know the tactics to reduce your compensation to a minimal amount. That’s why you need to work with a skilled and experienced train accident lawyer serving the Long Island area to stand the chance of winning your case.
The train accident lawyers at Cellino Law will represent your case and get you the maximum amount of compensation that you rightly deserve for your injuries. We will start preparing for your case as soon as you contact us. We will assess the facts and evidence and give you a determination on whether your case holds water or not. We will also give you a rough amount on how much you can claim as compensation. Once all is well set, our team will go ahead and file your lawsuit and start negotiating with the accused.
Train accident cases don’t always go to trial. Most of the time, the other party’s lawyers will try to convince you to take a certain amount and let the matter rest. Your lawyer will negotiate on behalf of you and hold up for the proper amount. If the negotiations fail, the issue will go to litigation. Our lawyers will advise you on the best way forward regarding the compensation amount offered during the negotiation process, and if you need to accept it or not.
When no specific amount is agreed on, the case will proceed to trial. Our lawyers will prepare all the evidence required at this stage. Our team will represent you in court and argue on your behalf until the jury awards a favorable compensation amount.
The process is quite complicated and hectic. You should always rely on the legal talent at Cellino Law to handle your case. Hiring a professional train accident lawyer at Cellino Law is the way to get the right amount of compensation that you rightly deserve.
Contact a Long Island Train Accident Lawyer With Cellino Law
A train accident is quite serious and involves a lot of work to get the right amount of compensation for the injuries you have suffered. Our experienced team of train accident lawyers understands your emotional, mental, and physical needs during such times. An experienced New York train accident attorney at Cellino Law will provide the representation that you require and make sure that you are awarded a fair amount of compensation for the injuries you have suffered. Call the skilled and experienced Long Island injury firm of Cellino Law today at (800) 555-5555 for a free case review.