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Can Passengers Injured in Train Derailments in New York Sue for Damages?

Amtrak train stopped at a train station.
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According to the New York Post, there was a train derailment in Queens in early August. It happened when an LIRR train, carrying around 100 passengers, derailed near the Jamaica Station complex at 175th Street and 95th Avenue.

Thankfully, the injuries suffered were mostly minor, with leg and back injuries reported. Two passengers did sustain serious injuries, but everyone involved is expected to make a full recovery. The cause of the train derailment is still under investigation.

It can be a terrifying experience to be involved in a train derailment, and the aftermath can be just as devastating. Passengers can suffer from various types of injuries, including physical, emotional, and financial ones.

Train derailments can happen for a variety of reasons, and if you're a passenger who has been injured in one, you might be wondering if you have any legal recourse. This blog post will explore whether passengers injured in train derailments in New York can sue for damages.

Do Passengers Injured in Train Derailments in New York Have the Right to Sue for Damages?

If you're a passenger who has been injured in a train derailment, you have the right to bring a lawsuit against the train company, the train operator, and any other responsible parties. However, to be successful in your lawsuit, you must prove that the accident was caused by the negligence of the train company or operator.

In New York, train operators have a duty to operate their trains safely and to protect their passengers from harm. If they fail to uphold this duty and a passenger is injured as a result, the passenger may be entitled to compensation for their injuries. This compensation can help cover medical expenses, lost wages, pain and suffering, and more.

What Should I Do if I’m Injured in a Train Derailment in New York?

Passengers injured in train derailments in New York should contact an experienced personal injury attorney as soon as possible. An injury lawyer can help you gather evidence, negotiate with insurance companies, and file a lawsuit if necessary. It's important to act fast because there are strict deadlines for filing personal injury lawsuits in New York.

In addition to negligence claims, passengers injured in train derailments in New York may also be able to bring a product liability claim. This is because train components and railroad tracks are considered products, and if they are defective or malfunction, they can cause a train derailment. A product liability claim can hold the manufacturer of the defective product responsible for the injuries and damage caused by the derailment.

Set Up a Free Consultation with Our Experienced Train Accident Lawyers Today!

At Belushin Law Firm, we highly value every client who comes to us for assistance during what might be one of the most challenging times in their lives. Our goal is to provide support and guidance to make the aftermath of the accident less overwhelming.

If you have been injured in a train accident, including subway accidents and Amtrak accidents, due to someone else's careless or reckless actions, we're here to protect your rights. Our dedicated team is ready to help you file an injury claim against the at-fault party's insurance company so that you can receive the fair compensation needed to cover all expenses related to your injury.

If you want to find out more about train accidents and what you should do in case of an injury during a train derailment in New York, give us a call at (888) 918-9890 or simply reach out to us online today.

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