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If you had an accident on a train or in a train station, there are some important things you need to know. Let a Bronx train accident lawyer help you win your case.
Railroads and trains are essential to any New Yorker’s life. Whether it be the subway or a regional train like Metro North or Long Island Railroad, trains provide quick and easy access to neighborhoods all around the city and suburbs. There are many different circumstances that can result in personal injury, including injuries to train passengers; injuries to those using a train station or injuries to those who work on the railroad. Let us explain some important things to know if any of these things have happened to you.
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Trains move millions of people every day, literally. As a train passenger you have absolutely no control over the regular movements of a train. Instead, every passenger relies on the experience and training of those individuals operating the train to get them safely to their destination. When train operators fail in this important obligation, there may be a basis to file a claim.
There are some common accidents involving train passengers, including:
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Train accident claims in New York City require the filing of a Notice of Claim, an important legal document that must be filed within 90 days of an accident. In addition, claims against the Transit Authority, Metro North and Amtrak also have shorter statutes of limitation, the time within which a lawsuit must be filed.
Working for railroad operators like Metro North Commuter Railroad or Amtrak, can be very dangerous. This type of work places employees in close proximity to the danger of electrocution, being struck by heavy machinery, or even being hit by a moving train. As a result, the law imposes important safety standards and requirements designed to protect railroad employees.
Typically, claims made by employees are limited to workers compensation claims. However, under important and powerful Federal legislation, railroad workers do have the right to file a claim directly against their employers for the negligent failure to provide a safe place to work.
The Federal Employers’ Liability Act (FELA) holds train companies responsible for their workers’ safety and any unnecessary work hazards. The Federal Rail Safety Act (FRSA) protects those employees who “whistleblow,” or notify the railroad company of potentially dangerous or negligent situations. The FRSA protects those employees against potential retaliation or punishment by employers for bringing the negligence to their attention.
Click Here If You Need More Information About a Railroad Workers’ Right To File a Legal Claim
The law is clear that train stations must be maintained in a reasonably safe condition. Like any other property owner, the owners of train stations are required to fix dangerous conditions, and take preventative measures to keep the property reasonably safe for public use. This means that conditions like: wet floors; broken handrails, inadequate lighting and other defects must be corrected.
Click Here If You Were Hurt Because of Negligent Maintenance of a Train Station
If you or a family member was a victim of a train accident or railroad negligence, contact our experienced Bronx personal injury attorneys for more information by telephone, email or live chat. You can also fill out a case intake form, and we will have one of our attorneys get right back to you.
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