New York City has seen its share of train derailments, and commuters in this area are at constant risk for this type of vehicular incident. Although the NYC Transit Authority emphasizes that train derailments are uncommon, railway accidents happen frequently enough in the city to raise doubts about that statement.
Often, derailments happen due to negligence or inadequate maintenance, and unfortunately, NYC has an outdated railway system. The fight to update it continues today, but until New Yorkers get new trains and railways, people injured in train accidents need to be aware of their eligibility for compensation. Here are things to keep in mind.
What to Know About Derailments in NYC
A train derailment can cause major or minor damage. For example, if a portion of the car goes off the rails, it could result in a few minor injuries at most. However, serious derailments—a train car colliding with another, flipping, or crashing into another structure—can result in deaths or serious injuries.
Injured persons should speak with an NYC railway accident attorney as soon as possible. Doing so provides them with the opportunity to hold certain parties accountable for the incident. Speaking with an attorney also enables them to start processes that can award them financial compensation for their injuries. If you or your loved one has suffered injuries due to a derailment, here are some people who could be accountable for it.
The Operator or Train Conductor
Conductors coordinate with the control center and monitor the systems to ensure that all the train parts are operating as they should. If an unusual situation arises, the conductor must take manual control of the train. Since conductors play a vital role, they must demonstrate adequate knowledge of the train and its systems. They should also avoid substances that impair judgment, like alcohol and drugs.
Many derailments happen due to the conductor’s negligence. An injured passenger can hold the conductor accountable in an injury suit if the conductor was not paying attention to unsafe conditions on the rails or the train.
The Metropolitan Transit Authority (MTA)
An injured passenger might also sue the New York City Metropolitan Transit Authority for a train derailment. Since the MTA oversees all of the city’s mass transit operations, they are also responsible for train and railway maintenance, operator training, train and railway maintenance, and similar activities.
The Control Center’s Operational Staff
Poorly-trained, irresponsible, and negligent staff members can cause various accidents. So, it is common for operational staff to be at fault in train derailments. Since countless staff members assist the train conductor at the control center, there are many points at which they can slip up and cause an accident.
Filing a Claim in New York City
Injured passengers do not have plenty of time to file personal injury claims in NYC. You have to know your rights if you or your loved one wants to hold the New York MTA or their subsidiaries accountable.
First of all, you have to submit a Notice of Claim within 90 days from the incident. Although there are exceptions to this statute, they are rare, and if you let the 90 days pass, you will not be able to proceed. Consulting a lawyer specializing in railway accidents will give you more information on your options.
Conclusion
If you or a loved one figure in a train accident, you need to speak with an experienced personal injury attorney as soon as possible. Not knowing your deadlines will prevent you from building the best case possible—it could even cause you to miss your window for filing altogether. Avoid these scenarios by consulting a lawyer today.
Ronemus & Vilensky are your railway accident lawyers in New York City. We are currently representing victims of the Vallahala Metro-North Accident, one of the deadliest in the city’s history, and we have experience handling all types of train accidents in NYC. Contact us for a free consultation today.