Brooklyn Train Accident
According to the Federal Railroad Administration Office of Safety Analysis each year over 1000 people are injured and nearly 100 are killed in train and railroad-related accidents. Furthermore, even more people were injured in incidents related to the subway. Victims of train accidents often suffer serious injuries such as injuries to the head, back, spinal cord, and neck. These types of injuries can lead to paralysis and other lifelong injuries and disabilities. Sadly, in some instances train accident victims do not survive. The law related to train accidents can be complex, often involving a governmental entity such as 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 accident or subway accident, it is important that you immediately speak with an experienced Brooklyn train accident lawyer for guidance.Types of train accidents
According to the National Transportation Safety Board the most common types of railroad accidents are collisions with other trains, derailments, and collisions with passenger vehicles. Such accidents are often caused by negligent acts such as:
- Track defects that lead to a train derailment
- Defective signals that caused a collision
- Defective equipment, defective product or failure of vital mechanisms
- Defective or improperly maintained equipment
- Bridge or structure collapses
- Conductor fatigue or other human related errors
There are also many train accidents that involve pedestrians. Pedestrians are injured or killed at railroad crossings. Passengers are even injured at train or subway stations after falling in the path of a train. Even more common than a rail accident involving an actual train are accidents in train stations or platforms. Such accidents include electrocution, slip and fall accident, and staircase accidents. In addition, victims are injured as a result of assaults and other acts of violence in part due to lack of sufficient security on trains, on train platforms or in trains stations.Pursuing a claim
If you suffered a serious injury in a train accident due to the negligence of another person or entity, then the law allows you to seek compensation for your losses. Depending on the facts of your case, if you are hurt in a train accident you may be entitled a number of types of compensation. Through a personal injury claim you may be able to recover expenses for medical treatment, your hospital stay, prescriptions, x-rays, MRIs, bloodwork, rehabilitation, therapy, counseling, in-home care, and visits to your doctors. If your injury is serious you may not be able to return to work for days, weeks, or even months. You will be entitled to recover compensation for the income you lost while recovering from your injuries. You may also be able to recover compensation for the pain and suffering that you suffered as a result of the accident. Pain and suffering refers to not only physical pain, but also for emotional pain and loss of enjoyment of life.
In addition, if a loved one was killed in a train accident, you or your loved one’s personal representative may be able pursue a wrongful death lawsuit on behalf of your loved one’s estate. The damages available through a wrongful death lawsuit include the medical expenses related to the injuries that lead to the deceased’s death, pain and suffering, loss of support, and funeral expenses.Injured railroad employees
Victims of train accidents are not limited to passengers. Employers of railroad companies are often injured in accidents while working. Generally speaking, when an employee is injured on-the-job, that employee would be entitled to benefits under New York’s workers’ compensation (link to: http://injury.1800nynylaw.com/brooklyn-workers-compensation.html) rules. However, another statute applies to railroad employees. The Federal Employers Liability Act, FELA, allows railroad workers injured while working to receive financial compensation. Such employees would not be entitled to workers’ compensation.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 significant medical expenses, 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 1-800-NY-NY-LAW (1-800-696-9529) 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.