Train Accident FAQs
Jed Dietrich, Esq., Recognized as a New York Super Lawyer and Distinguished Justice Advocate, and His Team of Aggressive, Tenacious, and Hardworking Attorneys at the Dietrich Law Firm P.C. Fight to Obtain Exceptional Results for Victims Seriously Injured in Train Accidents in Buffalo, New York.
Train accidents are among the most violent and devastating calamities that can occur. The average car accident cannot even begin to compare to the sheer damage that a train collision can cause. Victims of train accidents may suffer severe injuries and even death. Jed Dietrich, Esq., distinguished as one of the Top 3 Personal Injury Lawyers in Buffalo, New York, understands the devastating impact that train accidents can have on victims and, ultimately, their families. The Dietrich Law Firm P.C.’s seasoned team of personal injury lawyers have represented numerous victims whose lives were turned upside down because of heartbreaking train accidents.
Tragic stories of injured victims inspire Jed Dietrich, Esq. to strive to provide the highest level of personal injury service to victims in Buffalo, New York, every single day. Jed Dietrich, Esq. fights to obtain the highest compensation possible for injured train victims. The best of the best at the Dietrich Law Firm P.C. understand how to properly and aggressively pursue train accident injury claims. We will zealously fight to obtain the best possible result for your case. We have assembled some frequently asked questions and answers regarding train accidents in New York State. If you would like specific answers regarding your case, just call the Dietrich Law Firm P.C. You can reach us by calling 716-839-3939, or by filling out the online consultation form. We are available 24 hours per day and 7 days per week. There is never a fee unless we WIN for you!Frequently Asked Questions Concerning Train Accidents
Some of the most frequently asked questions regarding train accidents include:
- How can the Dietrich Law Firm P.C. help with my New York railroad accident claim? Train accidents can be complex and victims often suffer devastating injuries. Our veteran attorneys know how to thoroughly investigate your accident and hold the responsible parties accountable. We will fight relentlessly to ensure that you obtain the compensation that you need and deserve.
- How do I prove negligence in my train accident injury case? Railroad companies, as common carriers, have a legal obligation to use the highest standard of care to keep their passengers safe and sound. Negligence can result from train conductors, maintenance mechanics, or rail inspectors breaching their duty of care. Breaches typically involve excessive speeds, improper track switching, failure to use a signal horn, defective crossing signals, substandard train operating practices, faulty train tracks, operator fatigue, lack of inspection, or improperly transporting hazardous materials. You will need to demonstrate that the breach of care proximately caused your injuries and that you sustained actual injuries. It is up to you to demonstrate that the railroad company was negligent in operating or maintaining the train.
- How do most New York train accidents happen? Equipment failure, worn tracks, train operator error, miscalculations by other motorists, and inclement weather are all common causes of train accidents. According to the Bureau of Transportation Statistics, in a single recent year, there were 1,375 train derailments and 86 collisions. Nevertheless, train collisions were responsible for significantly more fatalities and injuries than derailments.
- If I am injured in a train accident, does it matter where the accident occurred? Different companies own various stretches of the railroad track. Each company has a legal duty to maintain the track that they own. In some instances, the government may own the track and be responsible for its maintenance. Therefore, the location of your accident can help us determine what parties to hold accountable. For example, if trees or foliage were obstructing train tracks in a particular town, that town could be held liable. Additionally, depending on where the accident took place, the company that manufactured the pieces of the track used at that specific location could also be held liable.
- What kind of compensation can I receive if I am injured in a New York train accident? If you are injured, you can obtain compensation for the damages associated with the train accident, including past and future medical treatment, lost wages from time off of work, reduced earning capacity, required assistive devices, costs to repair or replace damaged property, emotional distress, pain and suffering, and funeral and burial expenses for family members of victims who suffered fatalities.
- What measures are in place to keep the public safe at train crossings? Generally, railroads are obligated to have and maintain safety and protection devices, such as flashing gates, lights, stop signs, and to clear any plants that could interfere with the conductor’s vision. All of the crew members of both freight and passenger trains are held to a high standard of safety and have a legal duty to be especially vigilant at train crossings. In some instances, the train may be required to reduce its speed at a crossing, particularly during adverse weather conditions such as rain, snow, fog, or other instances of reduced visibility.
- What responsibilities do motorists and pedestrians have at railroad crossings? Both motorists and pedestrians owe a duty of care to act as a reasonably careful driver or pedestrian would have acted given similar circumstances. This means that they are required to look and listen with care. Every driver and pedestrian are obligated to follow traffic regulations and drive and walk safely. For example, if a motorist causes a collision trying to beat a train at a crossing, he or she can be liable under the theory of negligence.
- Who will compensate me if I am injured in a New York train accident? Liability in train accidents can be complicated, especially if the train is owned by a municipal authority. Depending on the unique circumstances of your accident, the liable party could be a train employee, the train company, a vehicle driver, the manufacturers of faulty train parts, or the entity that maintains the safety of the stations and tracks. Any person or entity whose negligence contributed to your accident may be required to compensate you. Furthermore, train companies can be held vicariously liable for negligent employees acting in their course and scope of employment.
- Can I pursue a claim for personal injuries if I work for a railroad or train company? Even if you are an injured employee, certain exceptions, such as the Federal Employers Liability Act (FELA), make it possible to file a claim against the railroad or train company. FELA provides railroad employees with legal rights while on the job and regardless of whether or not they work directly with the train. Injured employees must show that their injuries resulted from the railroad’s negligence. Additionally, workers’ compensation will cover employees, regardless of fault, for any occupation-related injuries.
- What have past train accident victims recovered? Jed Dietrich, Esq. aggressively fought to obtain a settlement of $700,000 in compensation for a 21-year-old plaintiff who sustained serious bodily injuries as the result of a rollover accident.
WERE YOU, OR A LOVED ONE, SERIOUSLY INJURED IN A TRAIN ACCIDENT IN BUFFALO, NIAGARA FALLS, ROCHESTER, OR OTHER PARTS OF NEW YORK STATE?
CALL JED DIETRICH, ESQ. AND HIS TOP RATED AND HIGHLY EXPERIENCED TEAM OF BUFFALO, NEW YORK TRAIN ACCIDENT INJURY ATTORNEYS AT 716-839-3939 NOW TO OBTAIN THE HELP THAT YOU NEED!
Since 1999, Jed Dietrich, Esq., recognized as an American Institute of Trial Lawyers Litigator of the Year, has battled to obtain over $175 Million in verdicts and settlements for people who were injured in Buffalo, New York, throughout New York State, and beyond. Jed Dietrich, Esq., a member of the Million Dollar Advocates Forum, founded the Dietrich Law Firm P.C. in 2005 with a mission to provide the highest level of personal injury service to victims. The Dietrich Law Firm P.C.’s team of highly experienced and elite train accident injury attorneys will strive to obtain the best result possible for accident victims. Our honorable commitment to exceeding your expectations and delivering an excellent outcome is what sets us apart from the competition. Call us today at 716-839-3939 to find out more about how we can help you!
Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!