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New York Train Accident Attorney in NYC
If you rely on public transportation to get to work, school, or even just for your daily errands, you expect a safe and secure ride at all times. Whether you ride the train or the subway, things can go wrong when you least expect it. If you have been involved in a train or subway accident, an experienced New York train accident attorney from Silberstein, Awad & Miklos, P.C. can help you through this process.
For more than two decades, our injury lawyers have represented clients who have been in a variety of public transportation accidents. Because insurance companies always try to cover their tracks, it is important to ensure your rights are fully protected immediately after an accident takes place. Contact us today to request a free consultation regarding your case.
Common Causes of Train Accidents
Train accidents cause some of the most serious injuries and are often fatal not only for those onboard but for innocent bystanders as well. The most common causes of train accidents include:
According to the Federal Railroad Administration, train derailments are most often caused by human negligence. Mechanical failures can also cause a train to derail.
Train operators have the lives of the people onboard in their hands, and that is a responsibility they should not take lightly. Excessive speeds, dispatching, and signaling are just a few of the ways in which an operator may make a mistake that causes a train accident.
Learning of a mechanical error that caused a train crash requires an in-depth investigation. Common mechanical errors include faulty signals, malfunctioning brakes, and containers that are not secured properly.
Falls from train platforms are not uncommon in New York, and they can cause very serious injuries. When a train is coming into a station and someone falls off a platform, the accident can even be fatal.
Just as cars can get into accidents, so can trains. Train collisions cause many injuries, particularly when each train involved in the crash was carrying passengers.
When trains or train tracks are not properly maintained, it can cause an accident.
Train intersections should have protective arms, sounds, and signals to warn approaching motorists. When they do not, the results can be catastrophic.
Most trains today use electricity rather than steam to run. The New York subway system alone has 625 volts of electricity running through it. When a person is exposed to electricity due to unprotected wires or electrical systems that are otherwise improperly maintained, they may experience electrocution.
It is essential that subway and train stations have proper security. When they do not, passengers may become the victim of a sexual or violent crime.
Unfortunately, these are just a few of the possible causes of train accidents. Any time you or a loved one has suffered due to one of these or any other type of negligence, it is important to speak to a knowledgeable New York City train accident lawyer.
Damages Available After a Train Accident
Any time you or someone you love is injured or killed as a result of someone else’s negligence, you are entitled to receive compensation for your injuries and other losses.
The aftermath of an accident will take a great toll on you and your family. If you have been injured, it is important to include medical expenses, lost income, emotional anguish, and pain and suffering. If you have lost a loved one due to a train accident, you can claim damages for funeral and burial expenses, loss of companionship, and more.
The help of an attorney is essential when evaluating the damages you have sustained. Many people do not fully understand the extent of their injuries, or the full amount of losses they sustained. Insurance companies will make many attempts to reduce or deny your claim. An attorney can help you by accurately evaluating your losses and holding the insurance company accountable for paying the full settlement you and your family deserve.
Steps to Take if Injured in a NYC Train Accident
It is essential for all New Yorkers to understand the steps to take after a New York City train accident. Taking the right action after an accident can help to protect any future claim you may file. The most important steps after a train accident include:
If you are able to identify an official after the accident, such as a Metropolitan Transportation Authority, tell them about the accident and any details you can remember. Be sure to write down the name and contact information of the person you speak to.
Pictures are useful pieces of evidence after any type of accident. Take pictures of anything relevant to the accident, such as broken equipment, a slippery floor, or a lack of warning signs.
Eyewitness accounts of the evidence are also very useful pieces of evidence. Identify any witnesses and ask them for their contact information so your lawyer can speak to them at a later date.
Train accidents cause some of the worst injuries, and it is crucial that you seek medical attention for them. Your health the most important priority. Seeking medical attention is also important, because your insurance company may argue that you were not injured or that the train accident did not cause the injuries you are claiming if you did not see a doctor immediately afterward.
All accident cases have the potential to become complex, but train accidents are even more complicated. A lawyer will conduct an investigation, determine who was liable, and hold them accountable for paying the compensation you need.
Time Limit for Filing a Train Accident Lawsuit
One reason it is so important to contact a train accident lawyer is that you only have a certain amount of time to file your lawsuit. Like all other states, New York places a statute of limitations on accident claims. That time limit will vary depending on whether you are filing a claim against a private person or company, against a city, or the state.
If you are filing a claim against the New York City Transit Authority for example, you have only 90 days to file a notice of claim. However, if your accident involved a private train company, you have three years from the date of the accident to file your claim.
Even three years is not a long time to file a lawsuit. Train accident cases are extremely complicated. A lawyer will have to conduct a full investigation to determine who to hold liable, negotiate with insurance companies, and gain a full understanding of the extent of your injuries and other losses. All of this takes time. You should contact a lawyer as soon as possible, so they can get started on your case.
Get Legal Help Today
If you or a loved one has been injured in any type of crash, call or e-mail our New York train accident attorneys at Silberstein, Awad & Miklos, P.C. today. One of our experienced lawyers will evaluate your case for free and help you get the compensation that you deserve. Our firm proudly serves clients in New York, including the Bronx, Brooklyn, Queens, Manhattan, and Long Island.