There are more than 250,000 railroad crossings on nearly 14,000 miles of railroad track in the US. Countless severe and devastating accidents take place on these tracks every year. In New York, car crashes involving trains generally result in catastrophic injuries and fatalities. Victims and their families can suffer from shock and experience mounting medical bills in the aftermath of such accidents.
There are more than 250,000 railroad crossings on nearly 14,000 miles of railroad track in the US. Countless severe and devastating accidents take place on these tracks every year. In New York, car crashes involving trains generally result in catastrophic injuries and fatalities. Victims and their families can suffer from shock and experience mounting medical bills in the aftermath of such accidents.
Frequency of Railroad Accidents
Trains and vehicles, as per the Federal Railroad Administration, crash at least 2,100 times each year at railroad crossings. There are at least 5 to 6 accidents taking place every day in the United States.
According to the National Highway Traffic Safety Administration, 50% of railroad crossing accidents take place within 5 miles of the driver’s house. Almost 75% occur in a radius of 25 miles. Railroad accidents are more likely to be fatal. The risk of a driver losing their life is 20 times more in these accidents as compared to car crashes.
New York Train Accidents
Several human and physical components are prevalent during a railroad accident, making these lawsuits highly complex. Potential victims in such an accident usually include occupants of the vehicle, passengers, pedestrians, and others. Common types of incidents resulting in bodily harm include the following:
- Multiple trains colliding
- Buffer stock accidents
- Train derailment
- Railroad crossings auto-train collision
- A person falling or slipping on the tracks
- Unsanitary conditions resulting in illness or infection aboard the train
- Load accidents from unsecured equipment
- Rolling stock failures
Train accidents because of their speed, size, and hazardous cargos are likelier to result in catastrophic injuries and extensive damage.
Why Do Railroad Crossing Accidents Take Place?
Reckless drivers are usually the reason behind crashes involving cars and trains. However, there are other reasons for this as well:
No Warning Signals
The majority of railroad crossings in the United States don’t have flashing lights, crossing arms, alarms, and other warning signals. This is especially true in rural regions because of budget constraints.
Without warning signals, motorists are unaware of whether a train is approaching or not. 60% fatal at railroad crossings was because of unprotected crossings as per the NTSB.
Warning Signals are Faulty
There is no use of an improperly functioning signal. Warning signals that are poorly maintained or not replaced can result in serious accidents.
Train Track Defects
The owners are responsible for maintaining the train tracks. Defects can result in potentially devastating consequences including derailment.
Train Operator Error
It is the train operator’s responsibility to undertake safety precautions and operations. Negligent operation, speeding or operating while inebriated is serious operator error instances.
Railroad Crossing View is Unclear
The track’s owner is duty-bound to ensure the track is well maintained and that there is nothing obstructing the view of the train crossing. Debris or thick foliage can prevent vehicle drivers from seeing an oncoming train at the railroad crossing.
Defective/Faulty Train Parts or Trains
Defective brakes and other mechanical issues in trains can affect their functionality. These types of defects can also cause devastating accidents.
Injuries Resulting From Common Train Accidents in NY
Most railroad accidents in the country are preventable. However, people still get injured each year. Experienced train accident attorneys can help you document your injuries, gather evidence, determine the cause of accident, and fight to recover damages and compensation that victims are legally entitled to after suffering any of the following:
- Broken Bones
- Lacerations
- Serious Cuts
- Neck and Back Injuries
- Traumatic Brain Injuries
- Amputations
- Concussions
- Wrongful Death
- Spinal Cord Injuries
- Paralysis
- Burns
- Post-traumatic Stress Disorder
- Psychological Trauma
- Shoulder and Knee Injuries
Suing Train Operators for Injuries
Train and subway operators and their parent companies have a professional obligation in New York to make sure that all passengers reach their destination safely. It is possible for an employee or their company to be found guilty of negligence if the operator doesn’t deliver passengers safely, injured passenger vehicle occupants, or injures pedestrians.
Attorneys need to have a complete understanding of the transportation law found in Title 49 of the United States Code to successfully litigate these lawsuits. They should also be familiar with different regulatory agencies. For instance, railroad worker accidents are generally covered under the FELA (Federal Employers Liability Act) while mass transit and subways fall under the Federal Transit Administration.
Responsible Parties for Subway Accidents in NYC
The Transit Authority is responsible for maintaining and monitoring the hundreds of miles of subway tracks in New York. They are generally held accountable for any accidents. The agency can be held liable if they failed at providing a secure and safe environment for the commuters.
However, it is possible for more than a single party to be at-fault. This is why it is important to consult with a dedicated personal injury lawyer at an early stage. It is possible for multiple parties to be at-fault even if you assume that the Transit Authority is solely to blame. These other parties may play a role in contributing to your injuries and should be held accountable.
Train and Car Collisions Can Cause Fatal and Catastrophic Injuries
Trains, as a general rule, don’t stop to prevent a collision such as cars can do. Hence, railroad statutes and regulations regarding liability and injury claims are complex. You want experienced and skilled attorneys with the necessary knowledge of federal and state railroad laws to assess and handle these injury claims.
Injuries in most instances are serious and may involve the spinal cord and brain injury. In some cases, the accident may result in death as well. Experienced train collision lawyers at Rosenberg, Minc, Falkoff & Wolff LLP can help you if you require assistance with a serious injury or wrongful death claim.
Railroad Crossing Accident Compensation in New York
Vacant passenger trains weigh about 8,000 pounds and these are the lightest rail car types. Engine car pulling cargo trains across the nation called diesel locomotives can weigh as much as 200,000 pounds. Most engine cars weigh twice this amount. The absolute impact with which a train crashes into a vehicle, irrespective of the speed, can cause life-altering injuries.
In short, colliding with a train is quite possibly the most catastrophic accident to happen. There may be serious injuries if the victim manages to escape death, which could require extensive medical care. Victims of negligent or reckless behavior deserve compensation for their losses and damages.
You can claim for both economic and non-economic losses as a victim of railroad accident in New York.
Economic Losses
These involve all expenses and damages that can be quantified. For instance, medical expenses (present and future), property damage, and lost income (present and future) fall under this category.
Non-Economic Losses
These are harder to quantify. They include emotional distress, pain and suffering, and loss of consortium.
Parties Responsible for Railroad Accidents
Railroad accident lawsuits can be complicated with several active components. There are several parties that can be held accountable for the accident. This is especially true if the victim suffers grievous injuries or dies because of their wounds. Few responsible parties include:
Train Owner or Operator
The owner of the train or the train company may be liable for the accident if it occurred because of an error on part of the train operator.
Train Track Owner
Train track owners may be responsible as well if the train accident happens because of poorly maintained crossing or track.
Train Designers or Manufacturer
These third parties can be held responsible when the train involved in the accident has faulty parts or a faulty design.
Municipality
The city or county may be held responsible if the road leading to the railroad crossing is not properly maintained.
NYC Train Accident Lawyers Can Help
Claims involving train accidents and injuries are complicated for various reasons. It is recommended that you retain an attorney to help you with:
- Investigating the liability and fault
- Determining at-fault parties that should be held accountable
- Working with private and public entities for filing your claim
- Negotiating a fair, adequate, and reasonable compensation amount for your losses
- Initiating necessary litigation to make sure that you acquire rightful compensation and damages as entitled by you under the law
Get Legal Assistance in New York City after a Railroad Accident
It is necessary for entities responsible for running and maintaining train systems to carry out prescribed tasks with utmost care because of the large number of people using trains in New York City. Unfortunately, innocent people end up paying the price when parties in charge fail at carrying out their duties.
At Rosenberg, Minc, Falkoff & Wolff LLP, our train accident injury attorneys believe that an aggressive fight is warranted to protect the interests of victims and their families that suffered devastating consequences in train accidents. We have been fighting for train accident victims for over a decade. Get in touch with us for a free, no-risk case assessment if you are a loved one was harmed in a tragic train accident.
We have an impressive history of securing record settlements for train accident victims. Give us a call at 212-344-1000 to schedule an appointment with one of our capable attorneys today.
