If you get hurt in a train accident, you may not be responsible for your injury-related costs. To find out, it may be beneficial to partner with an attorney. You can discuss your accident with a Trenton personal injury lawyer, and they may help you identify any at-fault parties.
For those who are on the lookout for a best-in-class Trenton train accident lawyer, Demand Rand. Connect with Rand Spear The Accident Lawyer, and we may be able to help you get compensation in your train crash case. To learn more, reach out to us.
Train Accidents in Trenton
According to the National Safety Council (NSC), there is a 7:1 of railroad-related nonfatal injuries and illnesses to fatalities. You may be involved in an accident while riding the train or have a conductor slam their vehicle into your car. There are many reasons why train crashes happen, such as:
- Conductor fatigue
- Operating a train while under the influence of drugs or alcohol
- Failure to follow train safety regulations
- Faulty equipment
Following a train collision that leaves you with an injury, it may be a good idea to consult with a Trenton train accident attorney. Rand Spear The Accident Lawyer can go over personal injury case basics with you and help you decide if now is the right time to seek damages from an at-fault party. For more information, get in touch with us.
What to Do After a Train Accident
If you are riding the train and an accident happens, try to remain calm. Follow the conductor’s instructions. It may be helpful to use your smartphone to capture photos and videos of the accident scene.
For those who are driving and have a train crash into their vehicle, call 911. This will bring police officers and medical personnel to the scene. Report your accident to the police and get medical help to treat any injuries.
With a train accident, it may be in your best interests to discuss your crash with a New Jersey serious injury lawyer. This gives you an opportunity to find out how much your claim may be worth. Plus, an attorney may work with you to identify who is responsible for your collision.
Trenton Train Accident Lawyer Near Me (215) 985-2424
Train Accident Liability
Determining liability after a train crash may be difficult. A train accident lawyer in Trenton may review the facts of your case and help you figure out who is at fault. Examples of liable parties in train collision cases include:
- Train company
- The company that owns the track where a train was running when a crash occurred
- Train designer or manufacturer
- Municipality
A train accident attorney in Trenton may ask you questions about your accident to get as much information about the incident as they can. At the same time, they may answer frequently asked questions and any other questions you may have about train collision cases. They may help you evaluate the strength of your case and work with you to file your claim.
Proving Fault After a Train Accident
Showing an at-fault party was responsible for your train accident requires you to consider what is the meaning of negligence in law. To prove negligence, you must show four elements were present at the time of your accident. These are:
- Duty of Care: An at-fault party was legally responsible for acting in a reasonable and cautious manner.
- Breach of Duty of Care: The party violated their duty of care by acting recklessly and carelessly toward you.
- Causation: Since the party breached their duty of care, they caused your accident.
- Damages: You suffered quantifiable or subjective losses as a result of the party’s actions.
Your attorney may help you collect medical records, accident scene photos and videos, and other pieces of evidence to support your case. They may also prepare an argument designed to compel a judge or jury to award you the most damages possible. In addition, they can help you submit your claim before the statute of limitations to do so expires.
Train Accident Claim Statute of Limitations
Per N.J. Stat. §2A:14-2, you may have up to two years from the date you suffer a personal injury to seek damages from any at-fault parties. Based on this statute, you may have a two-year window to pursue compensation from anyone responsible for your train collision. If you choose not to submit a claim within this period, you may be 100% responsible for your accident-related losses.
You may ask for economic and non-economic compensation in a train collision case. A judge or jury may award economic damages for your medical bills, lost wages, and other quantifiable losses. They may offer non-economic damages for your pain, suffering, and other subjective losses.
Along with these damages, you may be eligible for punitive compensation. A judge or jury may award punitive damages to deter an at-fault party from committing acts of negligence in the future. These damages may be provided in combination with economic and non-economic compensation.
Comparative Fault in a Train Accident Case
A train accident lawyer can explain comparative fault and how it applies to your case. You may be in no way responsible for your train crash. Regardless, an at-fault party may try to hold you accountable, and if they succeed, you may not be able to receive all of the damages you initially requested.
With comparative fault, if you are found to be 1-50% responsible for a train collision, the damages you receive may be reduced by your percentage of fault. For example, a judge or jury may rule you are 20% at fault. If this happens, you may receive 80% of the damages you originally sought.
You may be ineligible to receive damages if you are determined to be primarily responsible for a train collision. For instance, a judge or jury may say you are 51% at fault for your train accident. In this instance, you cannot get any compensation and are solely responsible for your crash-related losses.
Get Legal Help with Your Train Accident Case with an Experienced Train Accident Lawyer in Trenton
Rand Spear The Accident Lawyer has more than 200 years of combined legal experience on staff. We may be able to help you out with your train collision case. To schedule a free case evaluation, contact us today.
Call or text (215) 985-2424 or complete a Free Case Evaluation form
