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New York Poorly Maintained Train Track Attorneys

Train accidents can have dire consequences because the massive size and weight of the train make them difficult, if not impossible, to control in an emergency situation. Many considerations factor into operating trains safely, including the proper maintenance and functionality of the train itself and the proper and safe maintenance of the train tracks. Frighteningly, many train accidents occur because train tracks are poorly maintained or even defective. A train traveling at full speed that hits a patch of poorly maintained track can lose control and crash without any notice, subjecting the crew and passengers to very serious injuries and sometimes even death. In many instances, train crashes caused by poorly maintained tracks are the result of some party’s negligence. If you or a loved one was the victim in a train accident caused by poorly maintained tracks, you may be entitled to compensation. To schedule a free consultation and learn more about your legal options and rights, contact the train accident attorneys at Hach & Rose, LLP today by calling (212) 779-0057.

We understand that dealing with the physical and emotional trauma after a train accident can be extremely difficult for the victim and their family. If a victim of a train accident is lucky enough to have survived, they are likely still dealing with life-altering injuries that can include broken bones, amputation, severe bruising, bleeding, and head, neck, and spinal cord trauma, among other things. These injuries are serious and often require ongoing medical treatment and trips to specialists. All this can mean mounting medical bills, lost time at work, lost wages, pain and suffering, and time away from family and friends. While we realize that money will not undo the harm that the victim of a train accident suffers, financial compensation can help alleviate some of the resulting stress and allow the victim and their family time to heal.

At Hach & Rose, LLP, we have over 100 years of combined personal injury experience, so you can trust us to handle your case. Our team of dedicated and aggressive New York poorly maintained train track lawyers has collected over a quarter of a billion dollars for our clients over the years, and now we want to help you. If you or a loved one was the victim of a train accident caused by poorly maintained tracks, we recognize that you are going through a trying time. You do not have to go through this difficult period alone. Contact Hach & Rose, LLP for help by calling (212) 779-0057, filling out a contact form online, or starting an online chat on our website right now.

Train Accidents and Poorly Maintained Tracks

Train accidents happen with astonishing frequency. These tragic accidents often lead to injuries, and sometimes they even result in death. While there are many causes of train accidents, one of the leading causes is derailments. The Federal Railroad Administration Office of Safety Analysis reports that for the year 2017, 72.43% of train accidents not occurring at a railroad crossing were caused by derailments.

Derailments most often occur due to issues with the tracks, such as worn, broken, and defective tracks. Unfortunately, in some instances, derailments and train accidents could be prevented with proper track maintenance. Proper maintenance of railroad tracks could allow companies to spot issues and fix them before there is an accident.

Train tracks are generally owned by different private companies or, in some instances, the government. However, regardless of who owns the tracks, all operators and companies must adhere to strict safety guidelines and laws set forth by the Federal Railroad Administration and Department of Transportation. These rules include a duty to inspect tracks and ensure they are safe to travel on. Track safety and train safety should be paramount to track owners because trains are considered common carriers of passengers. As such, owners have a heightened level of duty to ensure that the trains operate safely. If a company fails in its duty to adhere to safety guidelines, including properly maintaining railroad tracks, they were likely negligent and may be liable for any harm suffered as a result of their failure.

Determining Liability

If you were in a train accident caused by poorly maintained tracks, a number of parties may be liable for any damages resulting from the accident.

In many cases, different private companies own different stretches of railway track. These companies are charged with the responsibility of maintaining the track they own and ensuring that it is safe for all to use. If a company fails in their duty to properly maintain their railway track, they may have been negligent and may be liable for any injuries resulting from accidents.

In some instances, the government owns the track and is responsible for track maintenance. However, since the government can limit its liability in negligence cases, building a case against them can be even more challenging (although not impossible with an experienced attorney).

Another liable party may be the company that manufactured the pieces of the track. If the track is defective and the manufacturer distributes it to be used without checking for its safety, the manufacturer of the track may be held liable if a train accident happens as a direct result of the faulty track.

Knowing how to proceed with a legal claim if you have been the victim of a train accident caused by a poorly maintained or defective track, can be incredibly confusing and frustrating. Federal laws sometimes limit who can be sued and for what damages companies may be held liable. Since proving a negligence case can be complex, it is best left to experienced attorneys, like those at Hach & Rose, LLP.

Contact Us

At Hach & Rose, LLP, we understand that dealing with the aftermath of a train accident caused by a poorly maintained track is traumatic and that healing takes time. In addition to injuries resulting from the accident, you are likely also dealing with other stresses associated with the consequences of the accident. You do not go through this difficult time alone because the highly qualified New York City train accident attorneys at Hach & Rose, LLP are here help. With over 100 years of combined legal experience and hundreds of millions of dollars in collected settlements for clients over the years, we know how to get results. We will not stop fighting for you until you get the compensation you deserve. Contact Hach & Rose, LLP today at (212) 779-0057 to schedule a free consultation.

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