Railroad Crossing Accidents
The Federal Railroad Administration Office of Safety Analysis reports that during the first 8 months of 2013 there have been 1,332 accidents involving trains and motor vehicles/pedestrians at marked crossing sites. The New York railroad crossing accident Lawyers at Kaplan Lawyers PC have the experience necessary to investigate and confirm the cause of these preventable accidents and to make sure that the responsible parties are held accountable.
There can be countless causes that result in railroad crossing accidents but according to the Federal Railroad Administration, more than 75% of railroad crossings do not have sufficient warning signals and devices. Our highly trained legal team will acquire and assess the data from the locomotive cameras, black box recorders, and signal switch records to determine who was at fault for the accident and ensure that you will receive the compensation that you are entitled to.
If you have been injured in an accident involving a train at a marked crossing you should contact the New York train accident attorneys at Kaplan Lawyers PC immediately. The consultation is free and you pay no legal fee unless we win your case.
Frequently Asked Questions
Do I need an attorney to handle my claim?
No. However, the insurance company employs an army of attorneys, claims specialists, and experts to win the case, so in order to get the compensation that you are entitled to you will need to hire an attorney that specializes in this type of law. Our legal team has decades of experience and a proven track record of maximizing settlements and we are in the best position to guarantee that you get everything that you are entitled to.
How long do I have to bring a claim?
The statute of limitations (or time in which a claim must be brought from the date of the accident) is 3 years for a personal injury claim. If a claim is being brought for wrongful death the claim must be brought within 2 years from the date of death. If the claim is being brought against a municipality the time to bring a claim is significantly shorter depending on who the claim is against so you should consult with an attorney immediately.
Do I have to pay any legal fees if I lose my case?
No. Our attorneys work on a contingency fee which states that if you don’t win your case we don’t get paid.
How much is my case worth?
If any attorney tells you that they know how much your case is worth before reviewing all of the documentation then they are lying or incompetent. However, our legal team has decades of experience and will maximize the value of your case.
How long will it take to settle my case?
Every case is different but our legal team utilizes the most advanced technology and aggressive legal strategy to expedite our client’s cases, generally resolving cases years faster than any other firm.
What types of cases do you handle?
We have handled every conceivable case involving accidents that occur at railroad crossings. The accidents can be caused by negligence of the crew; insufficient maintenance of the train, tracks, or signals; or inadequate warning signals and devices.
How will my medical bills get paid?
If you were the driver or passenger in a car that was struck by a train your medical bills will be paid for by the insurance company for the car that you were in. However, you must file a No Fault application with the insurance company within 30 days from the date of the accident, if you fail to do so you have waived your right to file the claim for benefits. If you were a pedestrian or bicyclist that was struck by a train and have private health insurance, your medical bills will be paid by your insurer. If you do not have health insurance your medical bills will be submitted as an item of special damages as part of your claim against the liable party.
What do we have to prove to win the case?
Railroad crossing accident cases are very fact specific so it is imperative to hire the railroad crossing accident attorneys at Kaplan Lawyers PC so that we can investigate, preserve evidence, retain experts, and prove liability so that you can receive the compensation that you are entitled to.
Does it help if I have pictures of the location where the accident happened?
Yes. Very often pictures can prove to be the most significant evidence in proving the case so if you have photographs be careful to safeguard them.
Does it make a difference if someone else was injured due to the same condition?
Yes. A prior incident can help to prove knowledge of the dangerous condition and a failure to correct the problem.
Is it OK that I gave a statement at the time of the incident?
Yes. However, we do not recommend giving any statements directly to the insurance company.
TOP 5 MISTAKES MADE AFTER AN ACCIDENT AT A RAILROAD CROSSING
- Admitting fault at the scene of the accident before you have all of the facts
- Failure to obtain pictures of the accident location
- Assuming you will feel better and not seeking medical attention
- Believing that the Insurance Company will deal with you fairly
- Not hiring an experienced attorney who will complete all filings to protect your rights and ensure that you will receive the compensation that you deserve