Our Experienced New York City Railroad and Bronx Train Accident Attorneys Explain Some Important Things You Need To Know If You Were Injured in a Train Accident
Trains are an incredible mode of transportation that move millions of people every day. However, to work properly, trains and their equipment must be inspected, maintained, and repaired on a regular basis. In addition, train operators must be properly trained in the work that they do. Unfortunately however, there are times when train operators fail in this basic legal obligation and train accidents occur. If you were hurt in a train accident in the Manhattan, call our experienced train accident attorneys for a free consultation to learn your rights.
Were You Injured as a Train Passenger in Manhattan?
Train passengers have no ability to prevent a train accident. Instead, they must rely on the training and experience of the train’s crew to safely operate the train. There are times, however, when a train’s crew fails in this basic obligation. Here are some common train accidents that can result in serious injuries to passengers, including:
- Train Derailments;
- Train Accidents;
- Abrupt Stops;
- Defective Door Sensors.
Were You Injured Working for a Railroad in New York City?
Railroad employees have special protections under the law because of the dangerous nature of their work. The Federal Employers’ Liability Act (FELA) requires that New York City railroad workers be provided with a safe place to work by their employers. Although an injured worker is usually limited only to workers compensation benefits, this is not true under FELA. Under FELA, an injured railroad employee has a right to file a lawsuit directly against his or her employer, seeking damages for pain and suffering, lost earnings, and any other item of damage that results from the accident. Some common claims under FELA include injuries caused by:
- failure to provide safe equipment and tools;
- failure to provide a safe work place;
- failure to properly control train traffic on adjacent tracks;
- failure to properly supervise work being performed.
Were You Injured in a Train Station in Manhattan?
Train stations in New York City must be kept reasonably safe. This means that train platforms, staircases and other parts of the train station must be inspected, maintained, and repaired when necessary. The owners of train stations have the same legal obligations as any owner under the rules of premises liability. Under these rules, owners can be held responsible for:
- broken steps;
- shaky handrails;
- water leaking onto a platform from defective or broken pipes;
- as well as other defects in the maintenance of property.
Are There Any Special Rules For Filing a New York City Train Accident Claim?
Trains are usually not privately operated. For example, the New York City transit system is operated by the New York City Transit Authority. So, if your accident happened in New York City on the 4, 5, 6 or any other New York City subway that travels in New York City, your claim would need to be made against the New York City Transit Authority. Claims against the New York City Transit authority require the filing of a Notice of Claim within 90 days of the accident. There is also a much shorter period of time to start a lawsuit against the Transit Authority, as opposed to a private defendant. There are also specific and different legal requirements if your claim is against Metro North Commuter Railroad, or Amtrak.
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If you were injured in a New York City train accident, contact our experienced train accident attorneys for a free consultation by email or calling (800) 762-9300. You can also simply fill out a case intake form and one of our attorneys will get right back to you.