If you have been seriously injured or have tragically lost a loved one in a train accident, the highly skilled personal injury attorneys at Levin & Malkin are here to help. For over 40 years, residents throughout New Jersey have turned to us at similarly difficult times in their lives, seeking substantial monetary compensation and compassionate support they need to see them through.
We have an extensive track record of winning for clients from Bergen, Hudson, and Passaic Counties with multi-millions of dollars in damages. We want to do the same for you, taking over all insurance and legal matters so that you can concentrate on healing from the trauma you have undergone. We realize that you are likely overwhelmed by financial as well as physical and emotional pain, so we will not charge you any attorneys’ fees until after we have won your case.
Though train accidents are relatively rare compared to traffic accidents, the injuries and deaths they cause are often catastrophic. It is estimated that in the United States a thousand people die in train-related accidents annually. Moreover, those who survive train accidents often suffer critical and/or disabling injuries.
What causes a train accident?
There are many reasons train accidents may occur, and, as with other types of accidents, in many cases, there are overlapping causes. According to The National Transportation Safety Board, the majority of train accidents in the U.S. occur at railroad crossings. These tragic events result from cars getting stuck on the tracks, and reckless drivers or pedestrians who try to outmaneuver crossing signals.
Other types of train accidents fall into three basic categories:
- Train and track malfunctions or poor design — structural defects, too wide a gap (between the platform and the train car), mechanical or electrical problems due to poor maintenance (improper inspections or delayed repair), spills of toxic or flammable substances from the train
- Driver problems — incompetence, improper training, impairment by drugs or alcohol, fatigue or sleepiness, distraction (texting, phone calls, eating, conversation), reckless control of the train (failing to obey signals, speeding), or an uncontrollable medical event
- External Factors — bad weather (snow, sleet, heavy wind and/or rain, fog), obstructions on the tracks (animals, stalled cars, debris or pedestrians), flying or hurled objects that impact the train’s function
Whatever type of injury you have suffered as the result of a train accident, Levin & Malkin is well-prepared to fight for your right to obtain fair compensation. We have well-honed strategies for agile negotiation and aggressive litigation.
Types of Train Accidents
There are a number of types of train accidents, any of which can result in devastating injuries, including:
Head-on collisions are accidents in which two trains collide on the same track due to mistakes in scheduling or signaling. Because of the speed the trains are traveling and the inability of locomotive engineers to see around curves, there is insufficient time to brake before violent impact.
Buffer Stop Collisions
Buffer stops are bumpers at the end of railroad tracks that assist in stopping the train. Speeding or miscalculation can cause a train to crash through buffer stops and derail, continuing to cause damage and injury when off the track.
Other Types of Derailment
Most derailments are caused by broken rails, cracked by long-term exposure to the elements. If derailments occur in densely populated areas, they may lead to significant property damage and pedestrian injury. In derailments, passengers may be harmed by banging against train parts, or being hit by dislodged hard objects, or colliding with other people.
Defective Design of Other Structures
Trains on occasion also collide with poorly designed, constructed, or maintained bridges, tunnels, or other adjacent structures.
Why It’s Important To Have a Knowledgeable Train Accident Attorney
There are several factors that make train accident personal injury cases more complicated than other types of accidents. For one thing, both federal and state laws pertaining to train accidents are in place. For another, it is possible to sue any responsible party for damages, including the train company, the train operators, and the operator of any other vehicle involved in the crash. If you are a railroad employee, you are most likely covered by the Federal Employers Liability Act (FELA), a situation that requires another layer of comprehension.
Since 1997, there has been a cap on overall accident liability for railroads of $200 million. Because that cap is a figure meant to cover aggregate damages and injuries, you need an excellent legal team to make certain that you receive your fair share. Once you check out the outstanding credentials and fine reputation of Levin & Malkin, you’ll understand why so many clients depend on us for customized, effective, caring service — especially in complex matters like train accidents.
If You Have Been Injured in a Train Accident Levin & Malkin Will Fight for You and Your Family
Train accident injuries tend to be extremely serious. Whether you have suffered a fracture, burns, a spinal cord injury, organ damage or a traumatic brain injury (TBI), our attorneys will work vigorously to win you the damages you deserve for:
- Medical and rehabilitation costs
- Lost income, present and future
- Physical pain
- Emotional suffering
- Scarring or another disfigurement
- Permanent disability
- Loss of consortium
- Loss of enjoyment of life
If you have gone through the misery of losing a family member to wrongful death, we will fight hard to see to it that you receive compensation for final medical costs, funeral expenses, and loss of financial and emotional support.
If the train accident was caused by egregious fault on the part of the engineer or the railroad — for example, if the driver was impaired by drugs or speeding, or if the railroad failed to do necessary maintenance of the tracks, you may be entitled to receive punitive damages as well as the above-mentioned compensatory ones.
Contact Our Experienced Train Accident Attorney Today
Our comprehensive knowledge of the law and our in-depth understanding of your pain and difficulty give us the strength and motivation to fight vigorously to protect you and your family. We are professionals in every sense of the word. Contact us today and experience the relief of a burden lifted.