Train Accidents

Train Accidents2018-10-24T17:05:17-04:00

If you or a loved one have been hurt in a train accident, you may have questions such as:

  • Who was responsible for the accident?
  • How will I be able to afford my medical bills?
  • Do I need a lawyer in order to file a lawsuit?
  • How long will a lawsuit take?
  • When will I get compensated for my losses?

Our experienced transit and train accident lawyers can answer all of your questions.

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Don’t let a train accident ruin your future – you deserve compensation. Let our dedicated attorneys help you fight for your future.

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Since the invention of the steam engine Americans have been using trains to commute not only locally but also across the country. Every single day, thousands of people walk onto their train and sit back, prepared to enjoy their ride, not knowing that they may to reach their destination safely.

Amtrak 188: Over 200 Lives Forever Changed

On May 12th, 2015, a commuter train which had left Washington D.C. was following its normal route as it headed towards New York City. The seven cars that were being pulled by the engine carried 238 passengers and 5 crew members, all of whom had no idea that disaster was about to strike.

At around 9 p.m., the train was passing through the Port Richmond neighborhood of Philadelphia when it came upon a four-degree left curve and instead of passing safely through, the train derailed.

When passengers described the moments before their world was turned upside down, they stated that in a matter of seconds the front train shook and then everything stopped – but only for a moment. Then the passengers found themselves in an absolute nightmare.

All seven cars of the trail came completely off of the track and three of the cars flipped over. The damage to the cars was so substantial that when police officers and firefighters arrived at the scene they had to immediately begin to cut the metal wreckage apart in order to get survivors loose. Eventually, a crane was brought in so that the cars could be lifted off of those trapped underneath.

Almost every single passenger sustained physical injuries with over 200 hurt and eight killed.

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Investigation Into Amtrak 188 Results In Arrest

The FBI, the National Transportation Safety Bureau, and Amtrak all launched immediate investigations into the crash. The FBI quickly determined that the accident as not an act of terrorism and removed its team. As Amtrak and the NTSB continued their work, they determined that although the train had started to slow down before approaching the turn, it had suddenly accelerated and reached speeds of 106 mph – in a 50 mph zone.

The engineer driving the train claims to not remember the moments before the crash. Initially, eight charges of manslaughter were filed against him, however, all charges were dropped when the cause of the accident was deemed to be “loss of situational awareness”, meaning that the investigators believed that the engineer had been momentarily distracted and had no criminal intent.

This is just one of many train accidents which have occurred in the United States and it won’t be the last, which is why the law allows the victims of train accidents to pursue a lawsuit which may provide them with the compensation they need.

Train Accidents Lawsuits: The Facts

If you or a loved one have been hurt in a train accident, you may be able to recover significant compensation through a train accident lawsuit. A settlement or court award may provide full coverage of:

  • Lost Wages
  • Medical Bills
  • Physical Suffering
  • Emotional Pain

The coverage isn’t intended to provide compensation for just past losses – anticipated future losses may also be covered.

How Much Is A Train Accident Lawsuit Worth?

The total amount obtained by a plaintiff depends upon their actual past and future losses. This means that in the majority of cases, no two plaintiffs will recover the same amount. After reviewing your case, our legal team will be able to provide you with an estimate of how much your case may be worth.

Who Is A Train Accident Lawsuit Files Against?

A lawsuit is filed against the person or party whose negligence resulted in the train accident. For example, if the accident occurs because a part of the train was manufactured improperly and a defect was created, then the lawsuit may be filed against the manufacturer of the defective part.

In order to determine who was at fault, our legal team will review the case and all investigative reports.

How Long Do I Have To File A Train Accident Lawsuit?

The statute of limitations, which is the amount of time that a plaintiff has to file their lawsuit, varies from state to state.

  1. Pennsylvania: In Pennsylvania, the statute of limitations depends on the facts of the case. Typically, in personal injury cases, the plaintiff has two years to file a lawsuit. However, if the train was part of a government-run program such as SEPTA, the lawsuit must be filed within six months of the accident.
  2. Delaware: Typically in Delaware, train accident victims have two years to file a train accident lawsuit.
  3. New York: Like Pennsylvania, New York has a confusing statute of limitations. In some cases, a plaintiff has a full two years to file. However, in many cases involving mass transit, the claim must be made within 90 days fo the accident.
  4. New Jersey: The time frame to file a claim in New Jersey is very short – typically, claims must be filed within 90 days fo the accident.

The statute of limitations is the reason why it’s so important that train accident victims call an attorney as quickly as possible. If a lawsuit is not filed in time, the opportunity to recover compensation may be lost forever.

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