One of the most common types of transportation in New York is using a train. Commuters are able to go throughout the city without having to add to the consistent traffic buildup, especially during rush hour. There are certain points where the trains are going to intersect with roads along the way, and this allows both the trains and the vehicles to pass through which can lead to accidents. People that are commuting on trains in New York do get into other types of accidents as well, some of which can lead to fatal injuries.
There are so many hazards associated with writing trains, it’s actually very easy to become injured, especially when there is somebody else that is negligent. In some scenarios, you may find it advantageous to have legal representation, and that is exactly what Cellino Law will be able to do for you. Our Manhattan train accident lawyers excel in handling these types of claims. Injuries that you sustained from these types of injuries can lead to lifelong problems that can affect your life, health, and it really isn’t fair that you are having to adjust to these burdens simply because it was somebody else’s fault.
Cellino Law will be here for you, providing you with a team of Manhattan personal injury lawyers that is highly skilled at representing individuals involved in train accidents, and you can talk to us today about getting legal representation if you are in the New York area.
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Train Accident Statistics In New York
Over the last few years, there have been quite a few train accidents in the New York area. Some of the most common ones involve cars that have collided with trains, specifically at intersections, or while people are walking very close to the rails who are hit.
The Federal Railroad Administration, not too long ago, has stated that there are thousands of train accidents in the United States, and nearly 1/10 of the recorded incidents are in New York. Of those, 10% have been fatal, whereas the others are going to be injuries that may require people to get some type of therapy or treatment. These accidents are typically caused by derailments, and there are other reasons including yard accidents, collisions, and a number of other human factors involved.
What Causes Most Train Accidents In The New York Area?
There are three main reasons that train accidents happen:
- Railroad malfunctions
- Mechanical failure
- Human error
If it is human error, which is the leading cause of these incidents, it typically involves excessive speed, a machine that is simply out of control, or an engineer that is distracted. When people are responsible for the train, as well as the railroad, are in charge, they need to be alert and in full control at all times because this could lead to a derailment, especially at excessive speeds.
The government has put in a lot of money to improve railroads over the years, but track defects and broken rails have led to many train derailments. There are mechanical factors that can also lead to trains having problems, even if regularly serviced, but there are some incidences it is the engineer that is not able to point out an obvious issue as to why the train should not go, yet it does lead to an accident later on.
What Types Of Train Accidents Do Our Attorneys Handle?
Our team of professionals can handle just about any type of train-related crash which will include:
- Accidents that are the result of speeding and sharp turns
- Collisions that happen between two trains because of a faulty railroad switch
- Collisions that involve cars and trains, or even pedestrians, that are not aware of the barrier lights or train may start to move while a passenger is trying to get off
- Derailments can also lead to extensive injuries and property damage when it goes off the track.
What You Should Do Once The Train Accident Has Occurred
If you are involved in a train accident, you may be wondering what to do, and it can be confusing, potentially making you anxious or unable to make the right decision. There are steps that need to be taken in regard to be qualified for some type of compensation. It is prudent to always stay calm and follow the following steps;
Contact a lawyer that is knowledgeable about train accidents. They will be able to collect the information, review the case, and then file a claim if they see that this is the most pertinent thing to do. After you have left the scene, you absolutely need to get medical attention even if you don’t believe you were injured. There are some injuries that will not show up until later, and they could prove to be fatal unless they are treated in a timely manner.
You should visit your doctor, allowing them to do an extensive diagnosis of your body to see if any injuries did occur. They may determine that you were hurt, and if you where you should be treated, plus keep all of the records and receipts of this visit.
If you are actually in part responsible for the accident, never say that you are. Our legal team will be able to help you, and if you say the wrong things, you may not have a basis for your claim.
Since we all do live in this technological era, it is so important to record the accident with your smartphone if you have one on you. It is essential for you to show where the collision occurred, what damages occurred to the train, what is happening at the accident scene, and document any marks that are there as a result of the train.
It is important to document if there are any witnesses to the accident and get their information. Witnesses can be very helpful in filing your claim. It will require you to get information from them regarding the accident.
It is so important to be mindful of what has happened to other people, making sure that they are okay. There are so many different types of injuries that can occur, and many of them may need to have some type of first-aid before the paramedics arrived. You need to note how your own health is and try not to struggle, or even move around if you are in no position to even try. You should not be tempted to leave unless there is the potential of an explosion or fire. It is so important to get a police report regarding the scene of the accident which can help in determining liability.
It is so important to call the police immediately. This will allow you to document the accident, something that can later be used to prove negligence. In just a few minutes, they should be arriving.
Typical Injuries After A Train Accident
Trains are extremely large vehicles, and if they have impacted with another train or another vehicle, severe injuries can certainly occur. The passengers that would have been inside of the train are likely injured from the impact, but it really depends on the type of accident that has happened. Some of the common injuries include;
- Loss of limbs
- Spinal cord injuries
- Brain injuries
- Skull fractures
- Head trauma
Damages That You May Be Eligible For After A Train Accident
When involved in a train accident that was caused by another person, you are entitled to some type of compensation if you were injured. You may be able to reach a settlement that is designed to reinstate you to however you were before the accident occurred.
Some of the damages that you may experience will include injuries directly because of the accident. These can be life-changing injuries, ones that you may not be able to recover from. If this is what has happened, the party that is liable will be required to take care of the medical costs involved, as well as pay for the pain-and-suffering that each and every individual experience.
If you happen to have been working, and you were injured, you will receive compensation in the form of loss of income. There are additional things that may occur including the cost of transport for your regular medical visits, caregiver costs, childcare costs, and anything that involves helping you out the rest of your life because of your injuries.
Other damages include;
- Punitive damages
- Wrongful death
- Loss of companionship
The assessment of damages requires people to know the difference between noneconomic and economic ones. If they are economic in nature, these are real losses, objectively provable, and easily measured. If it is a noneconomic one, there will not be any monetary value because they are very hard to quantify. New York has instituted caps on how much you can get for noneconomic damages just to make sure that these settlements do not become abnormally large with each lawsuit. The total amount of damages related to the train accident lawsuit will reflect the sum of the punitive, economic, and non-economic factors.
Who Can Be Found Liable After A New York Train Accident?
There are several people or parties that can be held liable for this type of incident including;
- Train operating companies, specifically if they did not provide training and that led to the accident
- Railroad employees that were not doing their job
- Construction companies that did not use the proper materials when building the tracks
- Railroad employees that failed at securing the cargo
- Railroad companies that did not check the rails, properly train their employees or didn’t try to provide sufficient safety equipment that could have helped prevent the accident
Crucial steps must be taken before filing your claim, and one of those is determining liability. No one actually wants to admit that they will be required to pay the affected parties. If you are working with a train accident lawyer in Manhattan, they can find all of this evidence for you and begin to layout who is liable before you file the claim for compensation.
How Much Will It Cost To Hire A Train Accident Lawyer In New York?
Cellino law does not charge a specific amount of money when you are utilizing one of their train accident lawyers in Manhattan, NY. There is a contingency fee agreement that you will have to sign which means that a lawyer from their law firm can represent you and will collect a fee, but only if they win your case.
If they are not able to win your case, you need to be very cognizant of the fine print on the agreement that you signed, especially if there is an official ruling that is not in your favor. There could be some miscellaneous fees that you will have to pay which will involve transport costs, reliable witness fees, filing fees, and many others.
A contingency fee is only going to apply if you happen to be the plaintiff, which simply means if you are the one filing for compensation if it applies to you. On the other hand, if you are the person that is being accused of causing the accident, the insurance company will then be required to pay those legal fees.
Most contingency fees related to train accidents are about 33%. You may find variations of this amount depending upon the case. If it is settled before the lawsuit is filed, you may only have to pay 25%. If the lawsuit is filed, but a lawyer is able to settle this before going to trial, 33% is likely the amount that will be requested. If it does go to trial, then they will certainly ask for more which is usually about 40%.
Cellino Law does have many competent lawyers that will use what is called a sliding scale to determine how much you will pay.
Is There A Time Limit For Filing A Claim In New York?
The time limit or statute of limitations for train accidents, definitely does exist. There is something called the umbrella law which means you have three years to file your claim, yet you may have a different time frame if this involves one that references the train accident.
If this involves a municipality, such as buses or trains used by the city, 90 days is how long you have, and then a year and 90 days from the date of the accident is how long you have to start the lawsuit.
In regard to the statute of limitation clauses, that may apply to you, if you’re not sure you need to contact Cellino Law to learn about these time limits from one of our train accident attorneys serving the Manhattan area.
Is It Necessary To Get A Lawyer For A Train Accident Claim?
To state this mildly, New York law governing train accident lawsuits can become very complicated, and unless you are aware of all of these intricacies, you probably would not be able to successfully file a compensation claim on your own. There are stipulations that you need to follow, procedures that must be adhered to, and if you fail to do any of that properly, your claim could be thrown out.
The amount of the compensation that you should receive is often quite large, and as for the accused, often referencing the insurance companies, they are certainly going to hire legal representation to help them. The lawyers that they use to understand what tactics to use which can effectively reduce the amount of compensation that they have to pay to a minimal amount.
By using an experienced train accident lawyer from Cellino Law, you will have the ideal chance of getting the maximum amount that you deserve for the injuries you have sustained. Once you have contacted them, they will begin to prepare and organize everything, especially the concrete evidence that you are providing. They will then look over all of the facts that you have provided and try to determine if you have a case that can be successful. Once this is done, they will then file the lawsuit officially, and subsequently begin negotiations with the accused.
Most people understand that the vast majority of these cases do not go to trial, and the lawyers that represent the other party will want you to either take a lower settlement or just come to some form of conclusion. That’s why having a lawyer at your side can help you, and a failure to do so may lead to unsuccessful litigation. If you have a lawyer, they can advise you every step of the way throughout the negotiation process, and help you make a determination as to whether or not to accept the settlement.
If it comes to a point where there is no way to come to an agreement, it will go to trial, and then they will try to help you before a judge. This law firm is able to help represent you in a court of law, arguing your claim before the judge and jury, attempting to help you get the right settlement.
Obviously, this can be a very hectic process, and you really don’t want to do this on your own, especially if you have been injured. That’s why the professionals at Cellino Law are there to help you get as much compensation as possible.
Schedule A Free Consultation With A Manhattan Train Accident Lawyer
There is so much work that must be done in order to prepare for getting your compensation for injuries sustained due to a train accident. We are aware that you may be emotionally affected, stressed, or injured at this time. Our lawyers at Cellino Law will do their absolute best to not only represent you but also get you a settlement that is a fair representation of the injuries you have sustained. If you want to speak with a representative and take advantage of the free case review, you can call our Manhattan personal injury firm at (800) 555-5555.