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Being in a train accident is a highly traumatic experience that can leave you battling catastrophic injuries and medical bills that seem to multiply by the second. These accidents are also complex because knowing what parties to hold responsible requires understanding the interplay of operators, regulatory agencies, track owners, and others involved. 

If you’ve suffered injuries in a New York train accident, having experienced lawyers representing you can help you recover the losses you’ve suffered. Learn more about who you can hold legally liable for a train accident and how Silberstein, Awad & Miklos can help.  

Understanding the Causes of Train Accidents 

Although train accidents aren’t nearly as common as car accidents, there’s been a 30% rise in incidents involving subway trains hitting people in NYC. A train’s sheer size, along with the force it exerts, results in collisions that tend to cause serious injuries and fatalities.  

Train accidents can occur at crossings when they hit a car or person, or they can be the result of derailments, which occur when a train comes off the rails. In NYC, accidents involving pedestrians can occur because of trespassing and inattention.  

To find someone liable, it’s vital to first understand what can cause these accidents.  

Human Errors 

The train operator can make mistakes that lead to accidents. Just as distracted driving is a problem for car drivers, it can be an issue with operators. They might misread signals because they’re not paying full attention to what they’re doing or could also fail to apply the brakes in time.  

Speeding isn’t just a passenger car issue, either. Train operators can ignore speed limits, potentially leading to derailments and other serious accidents.  

Maintenance Problems 

Trains and the tracks on which they run have to function at their best, which requires regular maintenance. If the company in charge of maintenance fails to provide these services, the train can stop working as it needs to and can even run into engine or brake problems.  

Mechanical Failures 

Train parts can malfunction or even be defective from the time they are manufactured or installed. Mechanical failures could be an issue that involves multiple liable parties, depending on whether the defect was there from the start or developed because of poor maintenance.  

Track Issues 

The train tracks have to be in tip-top shape; otherwise, derailments and other accidents are much more likely. Everything from broken rails to structural weaknesses or misaligned rails can result in accidents.  

Signal Failures 

Train operators depend on the signaling system to know when the tracks are clear. The system allows for safe railway travel, so if it fails in any way, it can result in catastrophic collisions.  

Holding the Right Parties Liable 

As with other personal injury cases, you will need to demonstrate that negligence took place and led to the train accident. That means showing that the party owed you a duty of care that they breached, resulting in your injuries.  

To do this, you first need to investigate the accident and understand the cause. For the majority of people, this is too difficult to do without help, especially when dealing with serious injuries. A lawyer can assist you so that you can focus on healing.  

If the accident was the result of an operator’s error, then you can hold the operator responsible. You may be able to hold the company that hired them accountable, too, if the accident occurred because of driver inexperience or improper training. The company owes you a duty of care to only hire people who are qualified for the job. 

The company can also be liable if maintenance issues caused the accident. They have to ensure the trains are functioning correctly, which requires regular maintenance and inspections. 

Both the train company and manufacturer could be held liable if defective parts result in an accident. If the company didn’t perform the necessary checks to ensure that the train was working properly, or if the manufacturer created defective parts, they could each be held responsible.  

Finally, if track or signaling issues are to blame, you could hold the companies in charge of maintaining the tracks liable. These are usually government entities.  

Rely on Experienced Representation 

If you’ve been injured in a train accident, you need to have experienced train accident lawyers by your side. At Silberstein, Awad & Miklos, we can help you hold liable parties accountable so that you can recover damages.  

Contact our team to learn more about how we can help.