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Railroad and Train Accident Liability


A railroad or train accident injury can happen to both passengers and workers alike, and can have devastating impacts for everyone. To receive compensation in order to recover, know your rights and who is liable for your injuries.


train accident

The First Step


The legal processes for train passengers and workers are different, due to various laws protecting each group. However, there are basic similarities in each case. Knowing your rights and how to begin a train accident lawsuit is the first step to overcoming your injuries and trauma.



Types of Train Accidents


When the proper safety precautions are followed, trains are safe and convenient way to travel around the city. When these rules are broken, however, any number of accidents and injuries can occur. Most injuries occur when train companies do not sufficiently protect their workers or the public. Possible train accidents are:


  • Train collisions or derailment
  • Railroad crossings
  • Trains carrying toxic substances crashes or derails
  • Railroad employees exposed to toxic or harmful materials
  • Railroad employees not properly protected



Proving Fault and Negligence


In order to have a successful lawsuit, the most important part is proving negligence. Negligence means the train company did not provide the legal requirement of care in order to protect the public and workers. Examples of this include:


  • An unsafe work environment
  • Using the wrong equipment, or not maintaining the equipment
  • Improper employee training
  • Not properly maintain or notifying crossings or construction work
  • Exposure of dangerous materials, to either the workers or public
  • Infrequent inspections, causing safety hazards to arise



Possible Train Accident Injuries


Any type of injury can arise from a train accident, but some of the most common are:


  • Broken bones
  • Lacerations
  • Slip and falls
  • Spinal and back injuries
  • Toxic material exposure (mesothelioma, asbestos, chemical fumes)

Railroad Employees


However, if you are a railroad employee, you have additional rights and protections in the case of injury. The Federal Employers’ Liability Act (FELA) holds train companies responsible for their workers’ safety and any unnecessary work hazards.


If You Have A Train Accident Lawsuit


In conclusion, if you or someone you know has been injured by a train or on the railroad, do not wait any longer. Train companies and mass transit authorities such as the Long Island Railroad, Metro North, and MTA, can be difficult to deal with, therefore an attorney familiar with the laws and regulations is important. For a free case consultation, contact the offices of Macaluso & Fafinski immediately. Our experienced and successful personal injury attorneys will fight for your case, so you can finally receive your award and recover from your injuries. Since you do not want to suffer alone, call today – (718) 364-4000.




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