Brooklyn Train Accident Attorney
Our city has one of the largest mass transit systems in the country. The vast majority of subway and Amtrak train rides happen without incident, and overwhelmingly freight trains cross roads without colliding with cars. Occasionally, however, accidents happen and people get injured.
Train accidents happen for many reasons. Most of the time human error is involved. No matter what caused your accident, you have suffered. If you or a loved one has suffered an injury in a train accident, whether you were a passenger, standing at a platform, or in a vehicle, the law may entitle you to compensation. Speaking with an experienced Brooklyn train accident injury lawyer at Jacoby & Meyers, LLP, as soon as possible after your train accident can give you the best chance of making a complete recovery.
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Brooklyn Train Accident Causes
Train accidents happen for many reasons. Often, however, the accident was avoidable. That makes suffering injuries in a train accident even more frustrating. Suffering the emotional and physical pain you’ve experienced was entirely avoidable. While every train accident is unique, there are some common causes of train accidents that your legal advisor will look to first.
Human error can manifest in different ways. It could be the fault of an inexperienced or distracted conductor. Even conductors who have been working on trains for many years can still become distracted, just like even the most experienced drivers.
Human error often results from fatigue. Conductors and other train operators work long, hard hours. If they are exhausted, they are more likely to make mistakes and may not operate their train safely and effectively.
Negligence can take many forms. When a train operator, company, maintenance person, or any other individual behaves in a careless or unsafe manner, their negligence can cause a train accident. For example, if a train maintenance technician failed to properly secure a wheel in place and that wheel came off, causing an accident, the maintenance worker’s negligence probably caused the accident. The maintenance company that employs the worker may have also been negligent in this example.
The only way you will know for sure whether someone’s (or some company’s) negligence caused your accident is by speaking with a skilled and knowledgeable train accident attorney in Brooklyn as soon as possible.
Sometimes, accidents happen without a person directly causing them. A mechanical failure can sometimes occur. For example, this could happen if a rail crossing guard failed to alert vehicles that a train was approaching. Maybe the lights did not flash and the arm did not come down, so cars entered the tracks right in front of the train.
Trains are heavy and complex machines. Without all of their components working together, accidents can happen. When they do, injuries are often extremely serious and may even cause death. An experienced train accident attorney can investigate whether a mechanical failure caused your train accident, and determine whether the manufacturer may be liable for selling a faulty product, or a maintenance technician may have failed to properly repair the train.
The country’s train system is old and tracks are constantly being upgraded and replaced. But this is a slow process. Not only can tracks become damaged over time, debris from trees or trash can obstruct a track, putting trains at risk of derailment. Conductors must be aware of their surroundings and see the potential dangers, and maintenance crews must keep tracks clear of debris.
Just like with cars, speeding is a common cause of train accidents. Also just like cars, trains have speed limits they must adhere to on the track.
Trains are very large vehicles and if they take a corner too fast, they can derail. That’s why speed control is extremely important, especially around turns and in populated areas. When trains derail, they can cause extreme injury and death to passengers, pedestrians, vehicle occupants, and others who may find themselves in the train’s path. An experienced train accident attorney can investigate your accident to determine whether speeding was involved.
Determining Fault in Brooklyn Train Accidents
When a train accident happens, the Federal Railroad Administration has the authority to oversee and manage train accident investigations. Trains have many moving parts, many individuals come into contact with each train, and many things can go wrong and cause an accident. That’s why having a centralized investigation team is important. Train accident experts work hard to figure out with as much accuracy as possible why the train accident happened. But they may not always live up to this goal. There may be many factors that contributed to the train accident in which you suffered injuries, and the Federal Railroad Administration may not complete their investigation as quickly as you might want.
That’s why you need to partner with a skilled Brooklyn train accident injury attorney. Your lawyer will not only advocate for your best interests, but the right legal advisor will also have the resources you need to help you recover every dollar you deserve. Those resources include train accident experts of their own. These experts work quickly so you and your legal team know as soon as possible who is to blame for your injuries. Then you and your lawyer can work to hold them liable for all of your medical bills and financial losses.
Collecting Damages After a Brooklyn Train Accident
To collect damages from the at-fault party in your train accident, you will need to file a Brooklyn train accident claim for damages.
Through this process, your lawyer may try to collect a range of compensation for you, including:
- Present and future medical bills;
- Pain and suffering;
- Emotional distress;
- Lost wages;
- Lost earning potential;
- Loss of companionship;
- Loss of enjoyment;
- Rehabilitation costs; and
- Home renovation costs.
Train accidents can cause serious and life-altering injuries. Your ability to recover maximum compensation for your suffering may depend on the lawyer you choose to represent your best interests.
Your lawyer should advise you about what compensation you will need going forward. Based on the severity of your injuries, you may face the majority of your accident-related financial burden in the future. That may sound stunning when you see the massive pile of medical bills already sitting on your kitchen table. But if your injuries require you to reduce your work hours or your injuries are so severe that you cannot ever return to work, that will affect your and your family’s financial outlook far into the future.
Think about everything you might face during your recovery and possibly for the rest of your life:
- Multiple surgeries;
- Extended hospital stays;
- Inability to work at all or full-time;
- In-facility rehabilitation; and
- In-home care.
Working with your lawyer and your lawyer’s medical experts, you can get a full understanding of the financial burden you may face. Your lawyer will help you create an accurate estimate of your future medical and financial needs. This will give you and your lawyer a better estimate of how much money you need to collect to make sure you do not pay a penny out of your own pocket.
You did not cause the train accident and you should not bear any responsibility for paying your accident-related medical expenses. You should also not have to worry about how you will continue to pay your regular bills or provide for your family. Bearing the financial burden of the accident should be the sole responsibility of the at-fault party.
Brooklyn Train Accident Settlement Negotiations
Your lawyer will need to create an accurate estimate of your present and future accident-related expenses to negotiate with the at-fault party. Many companies and individuals may have contributed to your train accident. Each of them may have their own insurance company. Soon after your train accident, you may get a call from one or more of these insurance companies offering you a quick settlement.
This may excite you and you may want to jump at the chance to get a quick settlement so you can pay the medical bills you have already incurred. Unfortunately, this settlement offer may only be in the insurance company’s best interests. Think about why they offered you such a quick settlement—they want to make you go away for as little money as possible. They do not care about your recovery or whether you go bankrupt paying your medical expenses.
Insurance companies are in business to make money and if they pay out the full value of every claim, they will lose money. That’s why they may pressure you to take the settlement without speaking to a lawyer. They may even tell you that you will get more money without a lawyer. That’s simply not true.
Working with a trusted Brooklyn train accident attorney, you have a better chance of recovering more money for your train accident injuries. Because your lawyer understands the games insurance companies play and because your lawyer has successfully helped other train accident victims, they know how to help you, too. Your lawyer can be the legal advocate you need, standing up to the big insurance companies and helping you collect maximum compensation for your injuries.
If you have received a settlement offer from an insurance company after your train accident, do not sign it until you have spoken with a lawyer. If you do sign the offer, you will waive your right to bring any future claims against the insurance company for your injuries. That means months or years later, if you realize the settlement funds have run dry but you still have medical expenses, it will be too late. You may have no other option than to pay your medical bills out of your pocket. Do not let this happen to you. Work with an experienced train accident injury lawyer in Brooklyn who can help you maximize your recovery.
Act Fast After Your Brooklyn Train Accident
You also need to act fast. You only have three years from the date of your injury to bring a Brooklyn train accident claim for damages against the at-fault party. You might think three years is a long time, but it can go by fast when you are recovering from a serious accident. If you miss this important deadline, there is not much you can do. You will have to pay out of pocket, shouldering the financial burden for injuries you did not cause.
To avoid this tragic situation, speak with a seasoned Brooklyn train accident lawyer today. Your lawyer can work to ensure you meet this and all other strict deadlines. Your lawyer also serves as a beacon of hope for you. They take the stress and worry of the legal complexities off your shoulders, allowing you the chance to focus all of your effort and energy on your health and well being. While you focus on getting better, your trusted legal advisor works tirelessly to recover every dollar you deserve.
Get the Legal Help You Need in Your Brooklyn Train Accident Claim
The lawyer you choose can make a difference in your ability to recover maximum compensation for your train accident injuries. You need a lawyer with the resources to stand up to big insurance companies and take your case to trial.
While most Brooklyn train accident claims settle out of court, sometimes insurance companies refuse to settle for a fair and reasonable amount. When that happens, you may need to go to trial to get the compensation you need to make a complete recovery from your train accident injuries. You do not want your train accident trial to be the first for your lawyer and you want your lawyer properly prepared. Even during settlement negotiations, the personal injury attorneys at Jacoby & Meyers, LLP begin preparing for trial, conducting investigations, and speaking with witnesses and medical experts. On the chance that we need to take your case to trial, we do not want there to be any delays.
If you or a loved one has suffered injuries in a train accident, speak with a trusted and experienced Brooklyn train accident lawyer today at Jacoby & Meyers, LLP. Your ability to get back to your regular life can depend on when you make this call. Do not delay another day. You can reach us at (877) 565-2993, through our online contact page, or during a webchat with one of our live representatives.
Our Brooklyn Train Accident Lawyers Answer Your Questions
Metro New York City provides residents and visitors with countless transportation options. One such option is train travel. Convenient and comfortable, trains provide both short and long-distance travel options. Whether you commute an hour each way or just ride for a couple of stops, trains give you a convenient way to get around Brooklyn.
Trains also present dangers. Trains are extremely large, fast, and heavy machines that take a long time to stop, especially when traveling at higher speeds. Any accident involving a train may leave victims with life-threatening injuries.
If you or a loved one has suffered injuries in a train accident, you need to speak with an experienced Brooklyn train accident lawyer as soon as possible. You may qualify to pursue compensation from the negligent party. Your lawyer can help you determine who is to blame and work to collect maximum compensation on your behalf.
Who caused my train accident?
Trains are large and complex machines made up of many parts. Depending on the circumstances of your train accident, several different parties may face liability. In some cases, more than one party may face responsibility for the accident.
Some potential at-fault parties include:
- Train operator. The most obvious place to look for fault in any train accident is the train operator or conductor. This person is responsible for driving the train safely. When an accident happens, the operator may have acted in a negligent manner that caused the accident.
- Train owner. The owner of the train could also face liability. A train owner is required to keep the vehicle in proper working condition. If a mechanical part has failed or the train suffered some other preventable issue, the owner may face liability for the accident.
- Track owner. Just like train owners are required to keep the train in a safe working condition, owners of train tracks are required to do the same. Train tracks require constant maintenance and must undergo a review for structural issues regularly. If a track was the cause or a contributing factor to your train accident, the owner of the tracks may face liability.
- Train company. The company that employs the train conductor could hold responsibility for the accident, too. Train companies are required to hire qualified conductors and ensure that they have proper training. According to the Federal Railroad Administration, all train conductors must have a valid certification. If the company did not train the conductor appropriately or did not ensure the proper certification, the company could face responsibility for any errors made by the train conductor.
- Maintenance company. Trains require constant maintenance. They have many moving parts that could contribute to an accident if not properly serviced. If a maintenance technician replaces a part but does so incorrectly, that could cause an accident in which you suffer injuries.
- Municipality. In cases of train accidents where the train or track is owned or operated by a municipality, a government agency may also face liability. But holding a government agency liable for a train accident requires additional legal guidance, as governments have certain protections against lawsuits.
The authorities already investigated the train accident. Why does a lawyer need to do another investigation?
Because of all of the above possibilities of who could be at fault for your train accident, your lawyer must complete a thorough investigation of the accident. Your lawyer may also use expert train accident investigators to help. These experts routinely conduct train accident investigations, helping legal teams determine where the fault lies.
The police and a government agency will certainly investigate any Brooklyn train accident, but they are not looking for the same things as your lawyer. Your lawyer and their expert investigators are combing through the evidence, searching for clues that indicate who acted negligently and caused the accident. This may include more than one person or company.
This information is vital to your train accident injury claim. Without knowing which parties are at fault, you cannot work to collect maximum compensation.
What damages can I get?
When you partner with a skilled Brooklyn train accident lawyer, he or she will act as your legal advocate, fighting to protect your rights.
Your lawyer may try to get you compensation for:
- Pain and suffering
- Emotional distress
- Lost income
- Lost earning potential
- Loss of companionship
- Loss of life enjoyment
- Present and future medical expenses
- Rehabilitation costs
Your ability to make a full recovery from your train accident injuries can depend on the amount of compensation you get from the negligent party. After a train accident, your injuries may be severe, leaving you with a lifetime of necessary medical care. You may struggle to return to work, temporarily or permanently, placing financial strain on your family.
You should not bear the burden of any of these expenses. The at-fault party that caused your accident should face responsibility. Working with a knowledgeable train accident lawyer in Brooklyn, you can spend your days focusing on your physical well-being while your legal team works tirelessly to recover maximum compensation on your behalf.
If I’m an employee of the train company, can I still sue?
Yes, you absolutely can. When a train accident happens, anyone who suffers injuries has a right to collect compensation. Because you suffered injuries while on the job, you may be entitled to workers’ compensation benefits under your employer’s insurance policy. When you take workers’ comp benefits, you may not seek additional compensation from your employer.
But you still have other options. Even if your employer is partially to blame for the train accident, your lawyer may discover another person or company who is also at fault. Called third-party liability, you can sue this person or company for additional compensation, above and beyond what you collect in workers’ compensation benefits.
What is a common carrier?
According to New York law, trains are a common carrier. This is a legal term that refers to companies that provide transportation services to the general public.
The law holds common carriers to a higher standard because they own an enhanced duty of care to passengers. This means the train company must provide high levels of care and may need to pay for train accidents resulting from negligence.
But proving negligence can be tricky. You must show:
- The company owed you a duty of care to provide a safe train ride.
- The company breached that duty by acting in an unsafe or negligent manner.
- Because the company breached its duty, an accident happened.
- You suffered injuries in the accident.
This is why you need to speak with a skilled Brooklyn train accident attorney. Your lawyer can help you prove these elements of negligence to collect maximum compensation for your injuries.
I was in a car hit by a train. Can I still sue?
Absolutely. If you can prove that negligence caused your train accident, you can generally sue that person or company for your injuries.
This may occur when a train crossing does not work correctly or was negligently maintained. Maybe the lights at the crossing did not go off as a train approached. Maybe the train conductor was driving too fast for the urban area where your accident occurred.
There are countless reasons that you may have suffered injuries in a train accident while in a car. But almost certainly you have suffered serious injuries. Cars that get hit by a train, even at slow speeds, often suffer catastrophic damage and life-threatening injuries.
My loved one died in a train accident. What are my options?
Because the trains are many times heavier than a regular car, this impact can also cause deadly injuries to passengers. If you have lost a loved one in a train accident, you can sue the negligent party on behalf of your loved one.
While no amount of money can undo your suffering and bring your loved one back, it can help you shoulder the financial burden you face, giving you the time to focus on your family.
You may successfully recover compensation for:
- Final medical expenses
- Funeral costs
- Burial costs
- Ambulance transportation bills
- Loss of consortium
- Loss of financial support
The loss of a loved one is a tragic experience. It may be the most challenging life experience you face. Jacoby & Meyers LLP can help you weather this storm by aggressively representing your best interests. Our goal is to collect maximum compensation from the negligent party who caused your loved one’s untimely death. This money can help support you while you grieve.
Do I need to file a claim soon?
Yes. Every state limits the amount of time a victim has to file a claim for damages against a negligent party. New York law limits that time to just three years.
This sounds like a long time.
But consider all of the obstacles and hurdles you face:
- Multiple surgeries
- Extended hospital stays
- Long times off work
- In facility rehabilitation
- In-home care
- Prescription medication costs
After a train accident injury, your life may never be the same. You may require ongoing medical care and attention. Because of this, you may not return to work. This places unnecessary stress on your family to make up for the financial loss.
But that’s not their burden to bear. Your train accident injury attorney in Brooklyn can help you hold the negligent party liable for your accident and work to collect maximum compensation from them so your family can be by your side, helping you recover.
The insurance company already offered me a settlement. What good is a lawyer?
When train accident victims get a call from the insurance company representing the negligent party, they often get excited. The insurance adjuster quickly gets to the point of offering a settlement. The insurance company likely knows that you are out of work, and they know you have bills piling up.
But insurance companies are also in the business making money, not being compassionate. This offer is likely a low-ball offer intended only to make you go away for as little money as possible. If you take this offer, you will waive your right to bring any future claims against the insurance company for your train accident injuries. Months or years later, when you still have medical expenses to cover, you may find the settlement funds have run dry, leaving you to pay out of pocket to cover these expenses.
Your lawyer can help you avoid this situation. Partnering with a trusted Brooklyn train accident lawyer, you can get high-quality legal guidance. Your attorney will help you figure out how much money you need to recover, so you avoid paying out of pocket. Your lawyer will then aggressively negotiate on your behalf with the insurance company to pursue maximum compensation on your behalf.
Without a trusted legal advocate on your side, you risk missing out on your chance to collect maximum compensation from the negligent party. Jacoby & Meyers LLP, we have helped Brooklyn train accident victims like you for decades. We know the games the insurance companies play and we know how to battle them, always fighting for your best interests.
How can a lawyer help me?
The lawyer you choose can make a difference in your ability to collect maximum compensation for your Brooklyn train accident injuries. You need a lawyer at your side who has proven experience helping train accident victims like you recover compensation for their injuries. You also need a lawyer who can rely on trusted train accident experts to help them discover who is at fault for your accident. Your attorney can then work to hold those parties responsible for your injuries.
A lawyer can help you determine who caused your train accident injuries and work to hold them responsible. Contact us today to learn more about how we can help you get one step closer to getting back to your regular life.
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