You may not be able to stop a train accident from happening. However, you may be able to hold an at-fault party responsible for any accident-related injuries. With help from a New Jersey and Pennsylvania personal injury lawyer, you may be able to pursue damages relating to your train crash.
A train accident lawyer from Rand Spear, The Accident Lawyer, may be able to help you recover the compensation you deserve. We have years of experience helping victims recover losses from negligent parties. Demand Rand today.
Train Injuries and Fatalities
According to the National Safety Council (NSC), 6,252 nonfatal railroad injuries were reported in the United States in 2022. Along with this, 954 railroad deaths were recorded at this time. Research also indicates that the number of highway-rail crossing fatalities rose 16% year over year between 2021 and 2022.
Derailments are among the top reasons why train injuries and fatalities happen. On February 3, 2023, there was a Norfolk Southern freight train derailment near the Pennsylvania border. During the incident, 53 cars derailed from a train carrying hazardous materials, and local residents were forced to evacuate the area.
Following the Norfolk Southern train derailment, lawmakers proposed the Railway Safety Act of 2023. If passed, the act would require additional safety measures for freight trains and punish rail companies that violate these measures.
Transit Train Accidents
At one point, New Jersey Transit logged the most accidents among commuter railroads, per Bloomberg. In addition to derailments, there are many reasons why transit train accidents happen. These reasons include:
- Train stops suddenly
- Train does not stop quickly enough
- Operator negligence
- Equipment failure
- Collision with a vehicle or pedestrian
If you get hurt in a train accident, Rand Spear The Accident Lawyer may be able to help. We can answer frequently asked questions and many others about train accidents and help you determine if now is the right time to file a claim. To learn more, get in touch with us.
Who Is Liable for a Train Accident
A train company is responsible for maintaining a safe vehicle. If you suffer an injury due to a train provider’s negligence, you may be able to seek damages. However, you may need to provide a body of proof to show that the business was at fault.
To prove liability, you may have to produce evidence to show you have suffered a personal injury due to no fault of your own. You may use medical records, photos, and videos from your accident, and other proof to support your claim. In addition, you may utilize statements from witnesses who saw your accident happen.
Also, you must show that an at-fault party had a duty of care to act reasonably toward you and violated this legal obligation. You must verify that because a party breached their duty, you got hurt. Lastly, you must confirm that you suffered quantifiable or subjective losses as a result of the party’s actions.
How Much a Train Accident Case Is Worth
A train accident attorney may help you figure out how much your case is worth. They may look at the harm you suffered during your collision. Your lawyer may encourage you to pursue economic and non-economic damages for many reasons, such as:
- Medical bills
- Lost wages
- Pain and suffering
In New Jersey and Pennsylvania, you may receive punitive damages in conjunction with economic and non-economic ones. Punitive compensation may be awarded to deter an at-fault party from committing future acts of negligence. A judge or jury has the discretion to decide if it will provide a plaintiff with punitive damages.
How Much Time You Have to File a Train Accident Claim
Based on New Jersey Statutes §2A:14-2, there is a two-year statute of limitations for personal injury claims. This applies to train accident cases and other injury claims in New Jersey. If you suffer an injury in a train collision, you may want to file your claim within two years, or you may be solely responsible for your crash-related costs.
In Pennsylvania, there is a two-year statute of limitations for injury claims. If you are considering a claim, it may be beneficial to seek legal help from a train accident lawyer. This allows you to discuss your case with an attorney and decide whether to file a claim.
Many train accident claims are personal injury lawsuits. If you work for a railroad company and get hurt on the job, you may be able to submit a claim via the Federal Employers Liability Act (FELA). In any injury case, an at-fault party may work hard to prevent you from getting damages.
Train Accident Wrongful Death
If a family member dies in a train accident, you may have grounds for a wrongful death claim. In both New Jersey and Pennsylvania, there is a two-year statute of limitations for this type of claim. It may be difficult to navigate the emotional trauma of losing a family member in a train accident, but a lawyer may help you get through this challenging time.
In New Jersey, someone who has been named the personal executor of the estate of a deceased person (decedent) may be able to file a wrongful death claim. The personal representative of a decedent may also be eligible. In Pennsylvania, the surviving spouse, child, or parent of a decedent may be entitled to submit a claim.
You may struggle to file a wrongful death claim, but doing so may be in the best interests of you and your family. By meeting with a lawyer, you can learn about the legal process and get the help you need to hold any at-fault parties accountable for their actions. Your train accident attorney can advocate for you and your family and make sure you receive plenty of support throughout your litigation.
Get Started with a Train Accident Lawyer Today
Rand Spear The Accident Lawyer aggressively pursues compensation for train accident victims. Our train accident lawyer is available to review your train crash case. To request a free case evaluation, contact us today.
