Content reviewed by:
Alex Shulman
Train accidents can be both physically and emotionally traumatizing. If you were involved in one, a Clarkstown personal injury lawyer can help you recover damages.
Most train accidents stem from negligence. If you or someone you love was injured in one, a train accident lawyer in Clarkstown from Shulman & Hill Injury Lawyers can help you obtain the compensation you deserve.
The Role of a Clarkstown Train Accident Lawyer
Train accident claims are often far more complicated than typical motor vehicle accident claims.
A Clarkstown train accident lawyer can assist with your claim by:
- Investigating the incident: A lawyer can gather accident reports, surveillance footage, maintenance records, witness statements, and other evidence to determine how the accident occurred and who is at fault.
- Calculating your damages: A lawyer can evaluate both your short-term and long-term losses and determine the value of your claim.
- Negotiating with insurance companies: A lawyer can handle communications with insurers and work toward a fair settlement while protecting your interests.
- Preparing for trial: If settlement negotiations are unsuccessful, a lawyer can prepare your case for trial and advocate for you in court.
Common Causes of Train Accidents
Train accidents can occur for many different reasons.
Some of the most common causes include:
- Human error by train operators
- Excessive train speed
- Distracted or fatigued operators
- Improper signaling
- Mechanical failures
- Defective train components
- Poor track maintenance
- Railroad crossing malfunctions
- Failure to inspect equipment
- Negligent maintenance
- Cargo shifts on freight trains
- Communication failures
- Weather-related hazards
- Motorists ignoring railroad crossing signals
Types of Train Accidents
Train accidents come in many different forms, including:
- Train-to-train collisions
- Passenger train derailments
- Freight train derailments
- Railroad crossing collisions
- Pedestrian accidents
- Bicycle accidents at railroad crossings
- Vehicle collisions with trains
- Platform accidents
- Passengers falling while boarding or exiting
- Defective railroad crossing gate accidents
- Signal malfunction accidents
- Track obstruction accidents
- Maintenance vehicle collisions
Common Train Accident Injuries
Train accidents frequently result in catastrophic injuries.
Victims may suffer:
- Traumatic brain injuries
- Spinal cord injuries
- Neck injuries
- Back injuries
- Broken bones
- Internal bleeding
- Crush injuries
- Severe lacerations
- Burns
- Amputations
- Facial injuries
- Eye injuries
- Nerve damage
- Soft tissue injuries
- Psychological trauma
Who Is Liable for a Train Accident?
More than one party can share responsibility for a train accident.
Potentially liable parties include:
- Railroad companies
- Passenger rail operators
- Freight rail companies
- Train operators
- Government agencies responsible for railroad crossings
- Track maintenance companies
- Signal maintenance contractors
- Equipment manufacturers
- Parts manufacturers
- Construction companies working near railroad tracks
- Property owners whose negligence contributed to hazardous conditions
- Motor vehicle drivers whose actions caused a collision
What Types of Evidence Do You Need?
Successful train accident claims are supported by strong evidence, which may include:
- Accident reports
- Police reports
- Federal investigation reports
- Railroad maintenance records
- Inspection reports
- Event recorder or “black box” data
- Surveillance video
- Railroad crossing camera footage
- Witness statements
- Photographs of the accident scene
- Medical records
- Medical bills
- Employment records showing lost wages
- Expert testimony
- Engineering reports
What Types of Compensation Are Available?
After a train accident, you can recover compensation for both economic and non-economic losses, such as:
- Medical expenses: You can recover compensation for emergency treatment, hospital stays, surgeries, rehabilitation, medications, and future medical care.
- Lost wages: You can recover income lost while recovering from your injuries.
- Reduced earning capacity: You may receive additional compensation if your injuries permanently affect your ability to earn a living.
- Pain and suffering: You can recover damages for the physical pain and emotional distress caused by the accident.
- Mental anguish: Additional compensation may be available for anxiety, depression, post-traumatic stress, and other emotional trauma caused by the accident.
- Permanent disability: You may recover additional damages if your injuries result in lasting physical or cognitive impairments.
- Disfigurement: Compensation may be available for permanent scarring or other visible injuries.
- Loss of enjoyment of life: You can recover additional damages if your injuries prevent you from participating in activities you previously enjoyed.
- Property damage: You can recover the cost of repairing or replacing personal property damaged in the accident.
- Wrongful death damages: Eligible surviving family members may recover damages after a fatal train accident.
- Punitive damages: In cases involving particularly reckless or intentional misconduct from the at-fault party, punitive damages may be awarded.
What to Do After a Train Accident in Clarkstown
The actions you take after a train accident can affect the value of your legal claim.
It’s critical to:
- Report the accident to the appropriate authorities.
- Take photographs of the accident scene and your injuries (if possible).
- Collect contact information from witnesses.
- Seek immediate medical treatment.
- Keep copies of medical records and receipts related to the accident.
- Avoid discussing the accident on social media.
- Save damaged personal property.
- Keep records of your missed work and lost income.
- Speak with an attorney before accepting a settlement offer.
How Long Do You Have to File a Train Accident Claim in New York?
The deadline for filing a train accident lawsuit in New York depends on who is responsible for the accident.
For most personal injury claims against private parties, you have three years from the date of the accident to file a lawsuit. However, if a government agency or public authority is involved, you may have to file a Notice of Claim within 90 days of the accident, followed by a lawsuit within one year and 90 days.
Waiting too long to file your claim can jeopardize your ability to recover compensation, which is why you should get in touch with a train accident attorney in Clarkstown as soon as possible.
Speak to a Train Accident Attorney in Clarkstown
Recovering compensation for a train crash can be challenging, particularly when large railroad companies or public entities are involved. If you were injured in a preventable accident, a Clarkstown train accident attorney from Shulman & Hill can gather evidence for your claim, negotiate with insurers, and help make sure you are fairly compensated.
Schedule a free case review to learn more about your legal options.