Living in New York City and Brooklyn offers extensive public transportation options, including the Metropolitan Transit Authority (MTA) operated New York City subway, Long Island Railroad (LIRR), New Jersey Transit, Metro North, and Amtrak. These services are important for the daily commute of millions who depend on them for safe and efficient travel.
Notably, the NYC subway system is North America’s most significant public transportation agency, with about 2.4 million daily riders in 2023, spanning 472 stations and over 665 miles of track.
Even though these services are dependable, accidents can happen occasionally and result in serious injuries or even fatalities. The CEO Lawyer Personal Injury Law Firm is here to support you during these difficult times, drawing from its vast experience with train accident cases.
Our Brooklyn personal injury lawyers dedicate themselves to understanding your situation and pursuing the justice you deserve. We are genuinely committed to securing the maximum compensation for our clients.
Contact us today for a free consultation, and let us advocate fiercely on your behalf.
How Our Brooklyn Train Accident Attorneys Can Help You?
A train accident lawyer is essential when dealing with the complexities of train accidents, as these incidents often involve multiple parties and significant legal challenges. Unlike typical car accidents, train accidents may require you to contend with large transportation entities or government agencies rather than just another individual.
For instance, if you are involved in an accident in New York City, you could deal with organizations like the Metropolitan Transportation Authority (MTA), Amtrak, the Long Island Railroad (LIRR), or NJ Transit.
This is where understanding a train accident lawyer is useful. Because they are familiar with the particulars of the transportation system and the legal environment around these organizations, Brooklyn personal injury attorneys with experience in train accidents are essential.
They can negotiate complicated bureaucracies and efficiently defend your rights against powerful opponents who frequently refuse to provide fair compensation.
For example, the CEO Lawyer Personal Injury Law Firm lawyers bring a wealth of experience in personal injury cases across New York City’s boroughs—Brooklyn, Manhattan, Queens, the Bronx, and Staten Island. Their deep understanding of the differences between train accidents and other vehicular accidents ensures they personalize their approach to each case, enhancing the chances of a favorable outcome.
Choosing a lawyer who is experienced in personal injury and specializes in train accidents is vital. They are ready to tackle the aspects of legal challenges, assess fault accurately, and pursue the maximum compensation possible, reflecting the unique circumstances of your case.
Our Brooklyn Train Accident Law Firm Will Fight for Full Compensation
We understand that while some train accident victims may only sustain minor injuries like abrasions or bruises, the unfortunate reality is that many others suffer severe, life-altering harm or even fatal injuries.
Our team is committed to representing individuals who have endured injuries, including:
- Brain injuries
- Spinal cord injuries
- Amputations
- Bone fractures
- Burn injuries
- Back injuries
- Soft tissue damage
- Nerve damage
- Internal organ injuries
- Chest injuries
- Joint injuries
- Cases of wrongful death
We urge you not to let the MTA or insurance companies downplay the gravity of your situation. Contact our offices today to ensure you receive the full compensation you deserve.
Top Causes of Train Accidents in Brooklyn
Every year, train accidents in New York City claim lives and cause serious injuries, leaving lasting impacts on hundreds. Understanding the reasons behind these tragic events is important for prevention.
Here are the primary causes of train accidents in the city:
- Human error encompasses a range of mistakes, from those made by inexperienced or distracted conductors to errors due to fatigue from long working hours. These errors can lead to dangerous safety lapses, making trains’ operation hazardous for passengers and crew.
- Negligence in train operations can have dire consequences. For instance, a train maintenance technician failing to properly secure a wheel, leading to a derailment, illustrates negligence that could implicate both the technician and the employer. It’s vital to consult a seasoned train accident lawyer to determine accountability and pursue justice.
- Mechanical failures can occur independently of human fault. An example is a malfunctioning rail crossing signal that fails to alert vehicles of an approaching train, leading to collisions. Such failures underscore the importance of regularly and thoroughly maintaining all train components to ensure safe operation.
- The U.S. railroad infrastructure is aging, requiring constant repairs and updates. Defective tracks pose significant risks from wear and tear or obstructive debris. Conductors and maintenance teams must remain vigilant to these dangers to prevent accidents.
- Like cars, trains are vulnerable to accidents caused by speeding. Given their massive size and momentum, trains traveling too fast, especially around bends or in populated areas, risk derailing. Speed regulations are critical and must be strictly adhered to ensure safety.
When faced with a train accident, it’s important to consult an experienced train accident attorney who can conduct a comprehensive investigation, including assessing if speeding or other factors contributed to the incident.
Liable Parties In Train Accident Cases
We at the CEO Lawyer Personal Injury Law Firm have dedicated ourselves to ensuring that everyone liable for your train accident and any ensuing injuries is held accountable by New York state law. We take an in-depth approach, looking for individuals or teams whose carelessness or actions caused the incident you were in.
A variety of liable parties may be included in this, including:
- Train operators who may have failed in their duties
- Train companies and their employers
- Transit entities, including Amtrak, NJ Transit, LIRR, and MTA
- Manufacturers and sellers of faulty trains or equipment
- Other third parties whose negligence played a role, such as motorists, pedestrians, and bicyclists
- Government bodies responsible for the oversight and maintenance of tracks
Specialized investigators on our team thoroughly examine all the pertinent facts and information surrounding your rail accident. Our objective is clear—we will find people responsible for your situation, pursue them thoroughly, and get you the money you are due.
Don’t wait to pursue the justice you are entitled to. Contact our Brooklyn train accident attorneys for a free case evaluation, and let us start fighting for you.
What Should You Do After a Train Accident?
It’s normal to feel stressed and apprehensive following a train disaster. The actions you take right away will depend on your safety and the validity of any potential compensation claims you may have later.
Here’s a concise guide on what to do:
Contact the Police
Immediately after the accident, call the police. They are essential for documenting the incident, which is critical for any legal proceedings or insurance claims.
The police report will serve as an official record of the event, detailing the circumstances and any initial findings about fault or negligence.
Assess the Situation and Help Others
Check on other passengers if you can do so safely. In the chaotic aftermath of a train accident, injuries can vary widely, from minor to severe.
Offer first aid where possible while waiting for emergency services. Prioritize your safety as well – avoid unnecessary movement if you’re injured, and stay on the scene unless there’s an imminent threat, like a fire.
Gather Witness Information
If there are other witnesses at the scene, collect their contact details. They could provide crucial accounts that support your version of events during the claim process.
Document the Accident Scene
Use your smartphone or any available camera to take photos and video of the accident scene. Focus on capturing damage to the train, the surrounding area, the point of impact, and any skid marks or debris.
These visuals can be vital evidence in determining how and why the accident occurred.
Do Not Admit Fault
Avoid discussing fault or responsibility at the accident scene. Admissions can be used against you in legal or insurance proceedings.
Let the professionals determine liability based on the evidence.
Get Medical Attention
Visit a healthcare professional as soon as possible. Some injuries, particularly internal ones, may not be immediately apparent. Comprehensive medical records and receipts will be indispensable for health reasons and can also support any injury claims.
Consult a Train Accident Attorney
Consider consulting an attorney who specializes in train accidents. They can guide you through the complexities of your claim and help protect your rights. Choose a reputable lawyer who can use the information and evidence you’ve gathered to best represent your interests.
How Much Does a Train Accident Lawyer Cost?
Train accident lawyers typically operate on a contingency fee basis, meaning you don’t pay any upfront costs. Instead, they collect a fee only if you win your case, ensuring that their payment is contingent on the success of your claim.
This fee is usually a percentage of the compensation awarded to you.
In New York, the standard contingency fee for train accident cases is approximately 33% of the total compensation. However, this rate can vary depending on several factors.
For instance, if your case is settled before filing a lawsuit, the fee might be reduced to 25%. If the case progresses but is settled before going to trial, the fee remains around 33%.
Should the case go to trial, the fee could increase to about 40%.
It’s important to be aware of potential additional costs. Even under a contingency plan, you might still be responsible for certain expenses, such as expert witness fees, filing fees, and transportation costs, regardless of the case outcome.
These details are often found in the fine print of your agreement. If you are the defendant in a train accident case, your insurance company will typically handle the legal fees.
At our Brooklyn personal injury law firm, we employ a sliding scale to determine the fee structure for our services, providing you with a solid methodology based on the specifics of your train accident case.
Time Limit for Filing a Train Accident Lawsuit
Knowing the urgency of contacting a train accident lawyer is important due to the limited timeframe for filing a lawsuit. In New York, as in all states, a statute of limitations governs the period you must initiate your claim.
This duration varies depending on the nature of the defendant involved in the case.
For instance, if your claim is against the New York City Transit Authority, you must file a notice within 90 days. On the other hand, if you are dealing with a private train company, the law grants you up to three years from the accident date to file your lawsuit.
This three-year period may seem extensive, but acting quickly is advisable given the complexity of train accident cases. Securing a lawyer early enables them to conduct a thorough investigation to identify liable parties, engage with insurance companies, and fully assess the extent of your injuries and other losses.
Initiating legal action quickly ensures your attorney has real time to build a strong case.
What Damages Are Available to Train Accident Victims in Brooklyn?
Victims of a train derailment in Brooklyn may be eligible for several forms of compensation, categorized primarily as economic, non-economic, and, in some instances, punitive damages.
Economic Damages
These damages are intended to cover out-of-pocket expenses incurred due to the accident, essentially aiming to restore the financial state of the victim before the incident. Compensation might include:
- Current medical bills
- Anticipated future medical costs
- Lost wages and income
- Loss of employment benefits
- Decreased ability to earn
- Temporary or permanent disability
- Expenses for nursing care
- Costs for rehabilitation services
Non-Economic Damages
Non-economic damages provide compensation for the intangible losses suffered by a victim, which do not have a direct financial equivalent. These are highly personal and subjective. They might encompass:
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Humiliation
- Scarring
- Disfigurement
Punitive Damages
Punitive damages may be awarded in certain cases with clear and convincing evidence of malicious intent or gross negligence. These are not meant to compensate the victim but rather to punish the defendant and deter similar reckless behavior in the future.
Victims of train accidents should consult with legal professionals to explore their rights and the full extent of damages they may be entitled to claim.
What Compensation Is Available in Brooklyn Train Accident?
In the consequences of a train accident, the journey to physical and emotional recovery can span years or even a lifetime. Such incidents can leave survivors with both visible and invisible scars.
Particularly in a city like New York, where public transit is integral to daily life, the fear of boarding a train again can significantly disrupt routines and lifestyles. A train accident attorney will assist you in understanding the various types of compensation for which you may be eligible.
These can include:
- Coverage of medical and hospital bills
- Compensation for pain and suffering endured during and following the accident
- Reimbursement for lost wages
- Compensation for future lost earnings or diminished earning capacity
- Costs associated with therapy, including physical rehabilitation
- Expenses for prescriptions
- Compensation for loss of life’s enjoyment
If the accident results in a fatality, any existing personal injury claims transform into wrongful death claims. The deceased’s family members, either on their behalf or representing the victim’s estate, may pursue compensation for the damages as mentioned above, as well as for funeral and burial expenses, loss of financial support, and loss of companionship and affection.
Work With Our Reliable Legal Counsel – Call Now!
A solid legal case requires commitment, careful work, and the highest level of competence—all of the attorneys and support personnel at the CEO Lawyer Personal Injury Law Firm possess these attributes. Our commitment is fueled by the positive impact we can have on the lives of injury victims.
Experiencing a severe accident can be life-altering, and the compensation we strive to secure for you is intended to uphold the dignity and quality of life for you and your family. Your case represents more than a financial sum – it symbolizes justice and accountability for wrongful actions.
Hire our knowledgeable and passionate lawyer in Brooklyn who can spice up your case. Contact us today at (516) 689-1132 for a complimentary evaluation of your case, or fill out our online contact form to explore your legal options.
