Long Island Train Accident
The railroad system in New York is a busy one, with millions of passengers boarding trains daily. 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 (MTA), 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, speak with a skilled Long Island Train Accident Lawyer for guidance.Types of train accidents
According to the National Transportation Safety Board (NTSB) the most common types of railroad accidents are collisions with other trains, derailment, and collisions with passenger vehicles. Such accidents are often caused by negligent acts such as:
- Alcohol or illegal drug use
- Defective railroad crossings
- Poor maintenance
- Inadequate signal interchanges
- Inconsistent train track or rail inspection
- Defective crossing signals
- Failure to use horn
- Operator fatigue
- Excessive speed
There are also many train accidents that involve pedestrians. In fact, in New York an average of approximately 140 people are struck and killed by commuter trains and subway trains each year. In addition, many people are injured or killed in other types of accidents on trains or in train stations. Such accidents include electrocution, slip and fall accidents, 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
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.
- Medical Bills: Through a personal injury claim you may be able to recover expenses for medical treatment, your hospital stay, prescriptions, rehabilitation and visits to your doctors.
- Loss of Income: 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.
- Pain and Suffering: 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. Whether you will be entitled to receive pain and suffering damages and the amount of such damages depends on the severity of your injuries.
- Wrongful death: 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.
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 worker’s compensation 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.Long Island Train Accident Lawyer
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 Stephen Bilkis and Associates to discuss the details of your case. Our staff is experienced in handling claims resulting from train accidents, subway accidents, as well as other types of accident such as slip and fall accidents, SUV accidents, car accidents, and motorcycle accidents. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We serve those injured in accidents in the following locations: