You may use the train to get from point A to point B. Even though you expect a safe trip, a train accident may occur, and you may suffer an injury. In this scenario, a New Jersey personal injury lawyer may be able to help you pursue damages from any at-fault parties.
If you are unsure about what to do following a train crash, Demand Rand. With help from Rand Spear, The Accident Lawyer, you may be able to file a claim against anyone responsible for your train collision. Contact us today to schedule a free consultation with our New Jersey train accident lawyer.
Train Accident Causes
According to the U.S. Department of Transportation (DOT), 28 train accidents were reported in New Jersey between 2018 and 2023. These accidents happened for many reasons. Common causes of train collisions include:
- Operator error
- Equipment failure
- Poor maintenance
- Derailment
- Track obstructions
A New Jersey train accident attorney may review the facts surrounding your collision. They may help you figure out why your crash happened and who may be at fault. If you have a valid claim, they may help you request compensation from any at-fault parties.
Train Accident Liability
A train company may be responsible for a collision. For instance, a business may fail to maintain its trains. If one of its vehicles is defective, it may be unsafe, to the point where a malfunctioning part contributes to an accident.
There are times when a government entity operates a train. If this entity is negligent, an accident may happen. Anyone who gets hurt in this crash may be able to sue for damages.
Rand Spear The Accident Lawyer, can teach you about train collision liability and how it applies to your case. Along with this, our train accident lawyer in New Jersey can go over personal injury case basics with you. To get started, reach out to us.
New Jersey Train Accident Lawyer Near Me (215) 985-2424
When to File a Train Accident Claim
Per New Jersey Statutes §2A:14-2, there is a two-year statute of limitations for personal injury claims. You may have a maximum of two years from the date of your train crash and injury to seek damages. If you decide not to submit a claim within this period, you may be 100% responsible for your losses.
A train accident attorney in New Jersey may help you file your claim before the statute of limitations to do so lapses. They may help you figure out who is at fault. Your lawyer may work with you to build a body of evidence to support your case.
When you file a train collision claim, you are not guaranteed to receive compensation. You are responsible for showing that an at-fault party had a duty of care toward you and violated this legal obligation. Also, you must verify that this party caused your accident, which led to quantifiable or subjective losses.
Train Accident Damages
You may ask for economic and non-economic damages in a train collision case. The total compensation you pursue depends on the losses you incur. Reasons why you may request damages following a train crash include:
- Medical bills
- Lost wages
- Pain and suffering
Those who suffer a traumatic brain injury (TBI) or other long-lasting harm may seek damages they can use for the rest of their lives. Regardless of what you ask for, you may receive only a portion of what you want. An attorney may advocate for you, protect your legal rights, and help you prepare a compelling argument to show a judge or jury that you deserve the full amount of compensation you are requesting.
What to Do After a Train Crash
A train crash may happen suddenly, and it is easy to panic at this point. With the right approach, you may respond to your collision without putting yourself or anyone else in further danger. Here are things you can do after your crash to get help and avoid compromising your ability to pursue damages:
- Call 911: This will bring police officers and medical personnel to your crash scene.
- Take Photos and Videos: Use your smartphone to capture photos and videos of your injury and other aspects of the accident scene.
- Connect with Witnesses: Get the contact information of accident witnesses and others involved in the crash. You may be able to request statements from these individuals if you file a claim.
- File a Report: Ask the conductor or police officers to file a report and get a copy of it.
- Get Medical Care: Go to an emergency room or hospital to treat your injuries and keep track of your medical bills.
In addition to these things, it may be beneficial to discuss your crash with a train collision lawyer. This allows you to get insights into how much your case may be worth. An attorney may help you file your claim and request the maximum amount of compensation.
Train Collision Settlement
Filing a train collision claim may lead to a settlement. A train company or another at-fault party may offer you a settlement in the hopes that you will accept less money than what you initially requested. You are not legally obligated to approve a settlement, but it may be a good idea to review an offer with your attorney.
Your attorney may answer frequently asked questions and many others about settlement proposals. They may explain the pros and cons of any decision you make regarding a settlement. Your lawyer will not push you to accept or decline an offer and instead help you make an informed decision about it.
If your lawyer feels a settlement offer may be less than what they believe you deserve, they will let you know. No matter how your attorney feels, you have the final say on what to do with a settlement. If you believe a settlement aligns with your best interests and gives you a fair amount of compensation, you may accept it and close your case.
Submit a Train Accident Claim
Rand Spear, The Accident Lawyer, offers a no-win, no-fee guarantee. If our team takes on your train collision case and you do not receive compensation, you do not have to pay us anything. Contact us today to request a free case consultation.
Call or text (215) 985-2424 or complete a Free Case Evaluation form