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Train Accidents

Train accidents like derailments or crashes can result in devastating injuries and even death, leaving victims and their families struggling with physical, emotional, and financial burdens. If you or a loved one have been involved in a train accident in New York, it is crucial to seek the guidance of experienced personal injury attorneys. They can help you navigate the complexities of New York litigation and fight for the compensation you deserve. 

New York Train Accident Lawyers Advocating for Your Rights

At The Porter Law Group, our dedicated personal injury lawyers in New York have the knowledge and expertise to handle a wide range of personal injury cases, including train accidents. Whether you were a passenger on a train, a pedestrian on a platform, or a railroad employee, we are here to advocate for your rights and help you seek justice. 

Contact us today at 833-PORTER9 or send an email to info@porterlawteam.com to schedule a free consultation with one of our compassionate and skilled attorneys.

What are Train Accidents? 

Train accidents involve crashes or derailments which can occur due to a variety of factors, including: 

  • Operator negligence
  • Mechanical failures
  • Track defects
  • Improper maintenance

According to the latest data from the National Safety Council (NSC), fatal train accident cases have risen by 16% from 2021-2022, mostly at highway-rail crossings. In 2022, 29% of the 954 deaths occurred at rail-crossings. 73 of the 3,243 nonfatal occupational railroad injuries and illnesses reported in 2022 were also attributed to highway-rail crossing incidents.

What Injuries are Caused by Train Accidents? 

Train accidents can lead to a wide range of injuries which may include:

  • Cuts and bruises
  • Fractures
  • Crush injuries
  • Spinal cord injuries
  • Traumatic brain injuries
  • Amputations 
  • Wrongful death

Recent data from the NSC shows that there is a 1:7 ratio between railroad-related deaths and non-fatal train accidents. Most occurs at highway crossings where roads and train tracks meet. But even a non-fatal injury can set you back considerably and potentially affect your quality of life and ability to earn a living. 

What Damages Am I Entitled to as a Victim of a Train Accident? 

Train accident victims may be entitled to financial compensation for the following:

  • Medical expenses
  • Permanent disability and disfigurement
  • Lost wages
  • Loss of earning capacity 
  • Pain and suffering
  • Trauma 
  • Wrongful death 

There is a federal liability cap for train accident payouts. The one governing Amtrak which was instituted in 2015 under the ‘Fixing America’s Surface Transportation (FAST) Act’ raised the liability cap from $200 million to $295 million. This covers payouts for all claims, including any punitive damages. Train accidents usually involve multiple victims, meaning whatever amount is awarded will be divided among them. 

Getting good legal representation is essential because a low total payout will mean less compensation to be shared among victims. This may not be sufficient to take care of your needs to move forward after a devastating injury. 

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Who Can Be Held Liable for Train Accidents?

These incidents can involve trains operated by different entities, such as the MTA, Port Authorities of New York and New Jersey, and even the Federal Government for AMTRAK. You may also have a claim against other parties like private companies tasked with maintaining railroad safety and integrity. 

Cases involving government entities are more complex than ones with only private citizens. You will need to file a notice of claim and bring your case to court within a set period for it to be entertained. 

Train accidents are big cases, to say the least. You are dealing with government entities who have vast resources at their disposal. When an accident occurs, you will not have time to document evidence immediately after the crash. The accident sites are quickly cordoned off while the MTA or the Port Authorities clear them out for public safety, so evidence collection may be difficult. 

But our skilled attorneys at the Porter Law Group are no strangers to these kinds of setbacks. We can call on railway employees to the stand, and through skilled cross-examination, find any inconsistencies in their testimonies to prove negligence and liability. They are also well versed, constantly keeping up to date on the numerous laws and regulations involving train accidents. This includes Title 49 of the US Code for Transportation, the Federal Employees Liability Act, and Federal Transit Authority Regulations

Contact The Porter Law Group: Your Trusted New York Train Accident Attorneys

At The Porter Law Group, we are dedicated to providing compassionate, personalized legal representation to victims of train accidents in New York. We understand the challenges you face and are here to support you every step of the way. With our extensive experience, resources, and commitment to client success, we will fight to ensure that you receive the compensation you deserve. Call us today at 833-PORTER9 or email us at info@porterlawteam.com to schedule a free consultation and learn more about how we can help you seek justice.

*Prior results do not guarantee a similar outcome

Last Updated on June 6, 2024 by Eric C. Nordby
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