Content reviewed by:
Alex Shulman
New York City is the most populous city in the United States and the epitome of a sprawling metropolis. Whether you live in New York or are merely visiting, it is immediately apparent that trains have played a major factor in the city’s growth. In fact, New York City boasts the fifth largest subway system in the world.
Unfortunately, a vast network of trains often leads to an increased likelihood of being in an accident. If you were involved in a train accident due to the negligence of another party, you may be entitled to compensation. Our New York City personal injury attorneys at Shulman & Hill can help you pursue compensation for your medical expenses, pain and suffering, and more.
Types of New York City Train Accidents
New York City train accidents come in many forms. The following are some of the most common:
- Collisions with other vehicles
- Accidents resulting from improperly maintained tracks
- Accidents resulting from poorly-designed or maintained railroad intersections
- Falls from train platforms
- Falls between the gap of the train and the platform
In severe instances, derailments can be the culprit behind an accident. Although a derailment is often the result of negligence on the part of a train operator, this is not always the case. If those responsible for designing, manufacturing, or maintaining a train were negligent, a derailment could occur due to an overlooked defect. Or, in some cases, a train was defective because the train company failed to maintain it.
Potential Consequences of New York City Train Accidents
The struggles you may face in the aftermath of a New York City train accident are numerous. Most injuries sustained in a train accident can often require costly medical treatment. Additionally, they may prevent you from performing work-related tasks. Whether temporarily or indefinitely, missing work can add to your financial burdens.
Severe accidents can permanently affect the lives of a victim and their family members. Serious accidents may result in a spinal cord injury, which could leave you paralyzed. In this instance, you may require a live-in caretaker or other permanent medical attention. Accidents can also result in amputated limbs, traumatic brain injuries, and more.
You may be entitled to compensation for losses you suffered in a New York City Train accident. Although you may wish to represent yourself in this instance, working with a personal injury law firm in New York City will improve your chances of recovering the full amount of compensation that you may be entitled to.
Pursuing Compensation After a New York City Train Accident
Although New York train accidents have declined in recent years, there were 1,870 train accidents in 2018 alone. If you are involved in such an accident, an accident attorney in New York City can help you seek compensation. Like other accidents, this process usually entails filing a claim or lawsuit against negligent parties. Unfortunately, this can be a difficult process to navigate if you lack the necessary expertise.
You can only pursue compensation from those who are liable for providing it. In many cases, this is not immediately evident because New York City train accidents are not always a train operator’s fault. They can also be the result of negligence on the part of a train’s designer or manufacturer, those responsible for maintaining the tracks, the train company, and various other parties.
It may be necessary to conduct a thorough investigation to determine the negligent parties who may have caused your accident. A New York City train accident lawyer with the proper experience will likely have the resources necessary to conduct an investigation.
What You Need to Know About Insurance Companies and New York City Train Accidents
Even if you can identify the party that caused your accident, filing a claim against their insurer does not guarantee a fair payout. Some insurance companies prioritize their own financial interests above all else. As a result, not all insurance companies are incentivized to compensate injured parties appropriately.
The following are some tactics an insurer may employ in an attempt to avoid paying you what you may be entitled to:
- Looking for ways to argue that your own negligence was the sole cause of the accident
- Failing to properly explain exactly which types of losses you can seek compensation for
- Undervaluing the value of your claim
Sadly, some insurance companies may even use your own statements against you. An adjuster may call you one day and ask how you are doing. If you mention you are feeling well, they might use this statement to justify offering less compensation than you are seeking. They may argue that because you expressed you were doing well at that moment, your pain must not have been that severe.
This highlights another reason it can be helpful to hire a New York City train accident attorney when you begin pursuing compensation. Along with conducting an investigation to accurately identify the negligent party, our attorneys can help in the following key ways:
- Collecting evidence to prove the negligent party caused your accident
- Reviewing all of your relevant losses prior to negotiations
- Using evidence to illustrate why the amount of compensation you are asking for is fair
- Handling correspondence with the insurance company. This lets you focus on your recovery while also making it less likely that an adjuster can offer you a subpar settlement.
- Coordinating with experts to strengthen your case
- Representing you in a trial if necessary
