Manhattan Train Accidents Lawyer
When trains are not operated with absolute caution and care, accidents can occur. Because of their incredibly massive size and weight, train accidents are potentially devastating events that can and do result in derailments and toxic spills. The potential for damage in these railroad accident cases is enormous, and they may occur when railroad personnel fail to uphold safety to the fullest capacity. When system safety is not implemented to its highest capacity, it is generally only a matter of time before a train derails. With passenger trains, derailments are nothing short of terrifying and deadly for the victims. Freight train derailments also have their victims, including those who suffer from the effects of toxic spills.
In an industry entrusted with hazardous goods for mass transportation as well as the lives of millions of passengers, system safety and cutting-edge safety engineering must be employed. Trains have the potential to be quite deadly if operated improperly, even in today’s age. Our train accident lawyers are leading advocates for the safe operation of trains. They often take their stand against train companies when they fail to operate with the legally sanctioned requirements for diligence and care. Railroad safety is our mission and passion. If you’ve been a victim, we invite you to discuss your tragic experiences with a train accident attorney – our accident attorney can help you discern the right course of action to recovery with a free consultation.
Pottroff & Karlin, LLC handles all cases of train accidents including:
We can assist with any train accidents that injure people. Our clients suffer many injuries, including fractures, brain injuries, chemical poisoning, internal injuries, and paralysis, among others.
Major Causes of Train Accidents
Train accidents are common. The Federal Railroad Administration reports that 2022 saw 8,733 train accidents across the country, which caused more than 5,000 injuries and 788 deaths. What causes these railroad accidents?
- Train driver negligence: A driver might make some critical error due to fatigue, carelessness, distraction, or lack of skill.
- Mechanical failure: Any part on the train could fail, causing a derailment. For example, a wheel bearing might fail or brakes could work improperly.
- Poor maintenance: The train and tracks require regular inspection and maintenance since they can wear down and malfunction. When maintenance is lacking by the railroad company, accidents occur.
- Negligent or reckless motorists: When a driver darts into the tracks, they run the risk of causing an accident at a railroad crossing; the collision cannot be avoided at that moment.
- Defective or missing gates or signals: These safety features are critical to preventing accidents, but they could be missing or have fallen into disrepair.
What Steps to Take after a Train Accident
Accidents involving trains are traumatic, and many victims are unclear about what steps they should take. Below, our train accident attorney offers the best advice for protecting your health and bolstering your train accident case to compensation:
- Obtain medical care. Immediate care will improve your ability to recover physically. In some railroad crossing accidents, emergency personnel descend onto the scene to identify the most injured and whisk them away to the emergency room in an ambulance. With other train accidents, it’s up to the victims to call 9-1-1 and seek help or transport themselves to the hospital. We recommend not waiting too long to go, even if you feel “fine” following a crash.
- Preserve relevant evidence. The police or the National Transportation Safety Board (NTSB) will investigate most train accidents. Our attorneys can seek access to this evidence to use for your train accident case. Still, you can boost your claim by preserving some evidence at the scene. Take photographs of the train accident scene with your phone. Keep any evidence that shows you were on the train, such as your ticket stub.
- Avoid speaking to the train company or insurance adjusters. You will probably receive a phone call after the train accident from the train company or its insurer. They might seek details about your injuries or what you remember about the derailment. We recommend you hire a train accident attorney before you speak with the railroad industry.
- Do not accept the first settlement offer. You might also be surprised to see a settlement tendered so soon after a train accident. Do not accept it without letting your law firm review it first. The odds are very low that this first offer will be fair. Instead, the train company is trying to get you to sign away your rights to fair financial compensation.
- Continue with rehabilitation. You want to do everything possible to improve physically and mentally after a train accident. If you don’t, the defendant could claim you aren’t “mitigating” your damages, which can decrease the financial compensation you receive.
Seeking Compensation for a Train Accident
Pottroff & Karlin, LLC, has decades of experience negotiating settlements after a train accident. Our train accident lawyers will evaluate your injuries and financial losses to determine how much to seek:
- Lost income. Your injuries could prevent you from going back to work immediately, so many of our clients experience substantial income loss. We will argue the defendant should pay to subsidize your lost income or wages.
- Property damage. A train accident could have destroyed your car. Similarly, many people suffer property damage to their homes after a toxic spill. The defendant should compensate to fix or replace your damaged property.
- Medical bills and rehabilitation expenses. Our clients typically need thousands of dollars in medical care to treat their injuries. The defendant should cover the costs of treatment, including rehab and prescription medication.
- Pain and suffering. A train accident victim will likely struggle with physical pain and inconvenience. There is also an emotional aspect, including depression or post-traumatic stress disorder.
- Scarring and permanent disabilities. Train accidents are so traumatic that many victims are permanently disabled or impaired. You deserve compensation to try and make up for these permanent losses.
Our train accident lawyer will fight to negotiate a solid settlement without the need for litigation. Nonetheless, we are prepared to sue, where necessary, to protect your rights.
Who Do We Sue for Compensation?
At Pottroff & Karlin, LLC, our train accident lawyer carefully investigates the evidence to identify all people responsible for the railroad accident. We can add them as defendants and negotiate with them for a settlement. Some common defendants include:
- Engineers: Careless engineers are responsible for many accidents. Although we can sue them, they often lack the financial resources to pay full compensation. Helpfully, we can usually add other defendants.
- Railroad companies: Railroads are typically responsible when a defect on a train leads to an accident. Rail companies are also liable when a negligent engineer causes a crash.
- Track owners: When a defect on the track leads to a derailment or other accident, the owner is likely responsible. They have to inspect and maintain train tracks, as well as lights, bells, and crossing arms. Many tracks are owned by private companies or even the government.
- Manufacturers: Equipment failure causes many train accidents, including derailments. The manufacturer could be legally liable when a defect on the train or tracks leads to an accident and injuries.
- Motorists: Some train accidents stem from motorists darting onto the tracks and causing a collision. Reckless motorists even drive around crossing guards or arms because they are in a hurry. Our train accident lawyer can sue these dangerous motorists for your injuries.
Speak with a Train Accident Lawyer Today
Pottroff & Karlin, LLC, is one of the few personal injury firms with experience helping train accident victims. If you have questions about your legal rights, we have answers. We are pleased to offer a free, no-obligation consultation to anyone with questions. Call our expert train accident attorneys today at (785) 539-4656.
