Manhattan Train Accident

Based on the number of people who ride trains each day in New York and the number of trains that travel through New York and the rest of the state of New York, it is not surprising that accidents do occur. While major accidents involving derailments or collisions are relatively rare, other types of accidents that leave injured victims are not so uncommon. Regardless of the type of train accident, victims often suffer injuries that are quite serious and life-threatening. For example, it is not unusual for victim of train accident to suffer a back injury, neck injury, brain injury, broken bones, or spinal cord injury. Sadly, in some instances train accident victims do not survive. The law related to train accidents can be complex. In addition, there are several different government authorities that may be involved including the Metropolitan Transportation Authority, Long Island Rail Road or the Metro North Railway. If you or a loved one has been injured in a train-related accident, it is important that you immediately speak with a skilled Manhattan train accident lawyer for guidance.

Common causes of train accident accidents

There are many types of train accidents, and many reasons they occur. Victims are seriously injured when trains derail or collide. Accidents also occur at railroad crosses when a train his a car, bus or truck. Pedestrians are hit when crossing tracks or after falling onto tracks from platforms. Train-related accidents sometimes do not involve trains, but occur in stations or on platforms. For example, victims are injured when falling while walking on platforms or while walking through stations. Victims fall on platforms and off of platforms.

Train accidents are frequently caused for the following reasons:

• Defective rail signals
• Poor track maintenance
• Safety gates malfunction
• Unprotected railroad crossings
• Defective railroad crossing signals
• Conductor negligence
• Operator negligence
• Mechanical defect
• Failure to use horn
• Falls on trains, on tracks, on platforms or in stations
• Operator drug and alcohol use
• Excessive speed

Pursuing a claim for a train accident injury

Whether the accident occurred while you were on the train, on the platform, at a railroad crossing, or inside the train station, if you were injured in a train accident, you have the right to file a claim against the person who caused the accident and demand compensation for your losses:

• Medical expenses: You can demand payment for past and future medical expenses related to treating your injuries and related complications. For example, a broken leg on average takes about 6 weeks to heal, plus another few weeks of physical therapy. However, if a complication such as an infection occurs, there will be additional medical bills related to treating the infection.
• Lost wages: Victims of serious injuries miss work. In some cases it may be a few days, while in other cases it may be much longer. In instances where the victim's injuries are so severe, such as when an amputation or a severe brain injury is involved, the victim may not ever be able to return to work. Therefore, the victim can demand compensation for lost income including missed paychecks, vacation, sick and comp days used while recovering, missed bonuses, missed promotions and lost benefits.
• Pain and suffering. Pain and suffering compensation is meant to address the fact that along with serious injuries such as brain trauma, amputations, and spinal cord injuries come excruciating pain, permanent disfigurement, scarring, and emotional trauma.

Depending on who caused the accident, your claim may be against an individual or the government or private entity that operates the train line. There are different rules and different procedural timetables depending on who the defendant it. It is important that you contact an experienced attorney right away to ensure that you do not miss critical deadlines.

Contact the Law Offices of Stephen Bilkis & Associates

If you have been seriously injured in a train collision or derailment, or in an accident in a train station or on a platform, you are probably facing considerable medical bills, time away from work, and a range of difficult emotions. Contact the Law Offices of Stephen Bilkis & Associates to discuss the details of your case. Our staff regularly handles complex damage cases, including claims for wrongful death and personal injury arising out of train accidents, subway accidents, car accidents and construction accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.