When we think of serious accidents, we often think of a car or commercial truck accident. Not many people picture a train or railroad accident. However, these accidents do happen, and they can cause severe and long-lasting damage. Whether you’re an employee or passenger, if the train or railroad accident resulted from someone else’s negligence, you may be able to recover compensation with the help of a skilled and seasoned lawyer.
At The Law Office of Cohen & Jaffe, we have spent years fighting for the rights of accident victims injured by someone else’s negligence. After a train or railroad accident, the road to recovery can be long and expensive, but those expenses should not be the victim’s burden. Our lawyers are determined to help our clients recover maximum compensation.
Who Is Liable for Train and Railroad Accident Injuries?
One of the many aspects that can make train and railroad accident claims challenging is the possibility of multiple liable parties. While the assumption may be that the only liable party is the train operator, liability doesn’t stop at the train operator. Possible parties who may be culpable in a train and railroad accident include:
- The LIRR or MTA (Metropolitan Transportation Authority)
- Safety inspectors
- Negligent railroad workers or railroad employees
- Violations of the Federal Safety Appliance Act
- Equipment defects or malfunctions
There are multiple different reasons that a train and railroad accident may occur, such as:
- The conductor was negligent
- The train operator made a mistake
- The equipment failed
- The train collided with a vehicle attempting to cross train tracks
- The bridge collapsed
- The platform was wet or oily
- The train crossing malfunctioned
- The train collided with another train
- The tracks were not properly maintained
There are multiple factors at play which can mean there are multiple parties who can be held responsible for damages. This is why it’s crucial to work with an experienced Long Island attorney who has the skills, resources, and knowledge to thoroughly investigate the circumstances that led to the train and railroad accident. Without a clear understanding of liability, it can be challenging to recover maximum compensation. Therefore, the sooner you contact an attorney, the better.
Proving Fault and Establishing Liability in Your Long Island Railroad Accident
When tackling a train and railroad accident injury case, it’s important to clearly identify the at-fault party. An injury attorney helps to investigate your case and determines not just how the accident happened but which parties are to blame for the accident. Depending on the case, an attorney may do the following:
- Visit the accident scene and collect evidence
- Obtain official police and other necessary investigative reports
- Talk to witnesses and review witness accounts of the accident
- Work with accident reconstruction specialists to fully understand what caused the accident
- Speak with experts that can provide testimony to support your claim
Like other accident cases, a train and railroad accident case is built on the idea of negligence. The following four elements must be proven to prove negligence and establish liability:
- Duty of Care: The liable parties should have taken reasonable steps to keep you protected from harm, danger, and injury.
- Breach of Duty: The at-fault party failed in this duty of care.
- Causation: Their failure to meet the standard of reasonable care caused your accident and injuries.
- Damages: You suffered damages because of your injury and require fair compensation.
Our Long Island injury lawyers at the Law Office of Cohen & Jaffe have helped our clients prove fault and establish liability for their accident cases. We can use our experience to help you pursue the best possible outcome for your case.
How The Law Office of Cohen & Jaffe Can Help You
When it comes to train and railroad accident injuries, it’s essential to hire an attorney who can give you the legal support you need and the best possible chance of success. At the Law Office of Cohen & Jaffe, we will analyze all the evidence relevant to your case and use what we know to hold the at-fault parties responsible.
Here’s how we can help recover compensation on your behalf:
- Learn about and understand your injuries: Recovering maximum compensation means understanding how much your injuries have cost you not just financially but also physically, and mentally.
- Investigate the accident: To recover the most out of the accident means holding all parties who played a role in the accident and your injuries accountable for their actions.
- Negotiate with insurance companies: Insurance companies focus on protecting their profits regardless of how they may negatively impact you. At the Law Office of Cohen & Jaffe, we focus on protecting your rights and best interest.
- Take your case to trial: When an insurance company fails to offer a fair settlement, the Law Office of Cohen & Jaffe is ready to go to trial to ensure our client’s claim reaches the best possible resolution.
We are committed to our clients at the Law Office of Cohen & Jaffe. We know that our clients come to us in a time of need, and we are proud to be able to provide them with the legal services they need to reach favorable settlements.
Contact an Experienced Long Island Train and Railroad Accident Lawyer Today
There’s so much that goes into handling a personal injury claim after a train and railroad accident. However, it’s challenging to handle all those legal aspects on top of your recovery. At the Law Office of Cohen & Jaffe, we take a weight off your shoulders and handle all the ins and outs of your case so you have the time and energy to focus on what matters most.
The Law Office of Cohen & Jaffe believes in helping accident victims hold negligent parties accountable. We believe our clients deserve fair compensation and will go above and beyond to ensure that they get it. Contact our firm today by calling 516-358-6900 or completing our contact form to arrange a free consultation. Also, subscribe to our Cohen & Jaffe YouTube channel to learn more about personal injury law.
For a free legal consultation with a lawyer serving Long Island, call 516-358-6900The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.