New York Train Accidents
Attorneys Helping Workers And The Public After A Train Accident
From a victim’s point of view, there are two types of railroad accidents: accidents that happen to railroad workers and accidents that happen to passengers and bystanders. At our New York City law firm, our attorneys handle both types of cases. We help both railroad workers and members of the general public after they have been injured in a train accident.
People injured in these often devastating accidents know that they will experience not only pain and suffering from their injuries, but also significant hospital and medical expenses and even serious disability. At Tolmage, Peskin, Harris, Falick, we carefully assess railroad accidents to ensure that victims and families obtain all the financial resources available to them under NY law and the Federal Employers Liability Act (FELA), which also covers railroad workers, independent of the New York workers’ compensation system.
Call Us Today About Your Railroad Injury
For 50 years, our New York law firm has helped injured people get the money they deserve. For a FREE consultation with a railroad work accident lawyer, call Tolmage, Peskin, Harris, Falick at 866-502-9091 or contact us online.
What Is A Third-Party Claim In Railway Accidents?
When a New York railroad worker is injured or killed on the job, the workers’ compensation system and FELA provide some financial assistance. However, the law usually prohibits an injured employee from suing his or her employer. This means that injured railroad workers by law cannot seek compensation for their injuries and damages even if their expenses are greater than the benefits provided by workers’ comp.
However, in some instances, depending on the accident, a railroad employee can sue a third party – someone other than the employer – if that third party contributed to the injury-causing accident. This is known as a third-party claim, and our law firm has handled many of them for employees of New York freight and passenger railroads. In New York train accidents, many parties may bear blame. Aside from the Metropolitan Transit Authority (MTA), New York City Transit Authority (NYCTA), Port Authority Trans-Hudson (PATH) and New York state agencies, quasi-government agencies like Amtrak and private, independent contractors may also be liable.
Our attorneys know the legal landscape that affects these types of cases and use their knowledge to seek the best possible outcome for clients filing third-party claims.
Personal Injury Claims By The General Public After A Railroad Accident
The other type of case our law firm handles involves personal injuries suffered by members of the general public in railway accidents. These accidents result from causes such as:
- Insufficient track inspection
- Failure to maintain tracks and switches
- Improper/negligent supervision of employees and train conductors
- Poor safety oversight
- Passenger cars lacking safety features
- Insufficient railway worker protection procedures
- Failure to implement modern train safety technology, including auto-braking
After a collision or derailment, injured passengers are often confused about what their legal remedies are and the steps involved. When an injured passenger or grieving family member wishes to hold New York City, New York state or another government entity responsible, the first formal step is often filing a Notice of Claim. This time limit may vary with each government agency.
Rather than waiting for the federal government to issue an accident report that can take a year or more, our lawyers will begin investigating immediately before evidence is compromised or lost. We will help you file your Notice of Claim and protect your right to collect money damages.
Call Our New York City Law Firm After A Railroad Accident Injury
Contact Tolmage, Peskin, Harris, Falick to secure your FREE consultation with a New York lawyer. If you work for a railroad or were injured while a passenger or bystander, find out how we can help. We have helped injured New Yorkers for more than 50 years and understand what it takes to get you every dollar you deserve.