Clifton Train Accident Attorney
If you or a loved one has been hurt in a train accident in New Jersey, it is crucial to seek the help of an experienced train accident attorney in Clifton,, NJ. With years of knowledge and experience, our Clifton train accident lawyers at Jaloudi Law can help you navigate the complexities of personal injury law and fight for the compensation you deserve.
Whether you need to file a personal injury claim, get benefits for accidents while on the job, or seek compensation for a loved one’s wrongful death, Jaloudi Law is here to serve you.
What is a train accident?
A train accident refers to any unexpected event involving a train that results in damage, injury, or loss of life. Train accidents can encompass a wide range of incidents. These accidents can have severe consequences due to the size, speed, and weight of trains, often leading to significant damage, injuries, and fatalities.
Types of Train Accidents
New Jersey Transit runs a big train system. The trains have strict schedules and need careful supervision to work safely and efficiently. They also need regular checks to make sure passengers are safe. When accidents happen, they can be very serious.
At Jaloudi Law, our trusted train accident lawyers in New Jersey can help with cases involving:
- Train accidents involving people: Most fatalities involving trains happen when people are walking or crossing the tracks.
- Cars crashing into trains: It’s dangerous for drivers to try to beat a train at a crossing. Accidents happen when drivers misjudge the train’s speed or get stuck on the tracks.
- Trains crashing into each other: This is rare, but when it happens, it can cause a lot of damage because of the high speed and size of the trains.
- Trains derailing: When a train comes off the tracks, it can be dangerous for railroad workers, passengers, residents nearby, and people walking by.
To make a claim for an accident, you need to prove that someone’s negligence caused your injuries. If multiple people were responsible, like passengers or other drivers, the train company’s liability could be affected.
At Jaloudi Law, we work hard to find out why train accidents happen so that you can get the compensation you deserve. We also want to make sure that train operators who are careless are held accountable so that the New Jersey Transit system is safer for everyone.
Causes of train accidents
The leading causes of train accidents in New Jersey include:
- Cargo-related issues, such as poorly secured or overloaded cargo.
- Environmental challenges, such as fog, snow, or blockages on tracks.
- Equipment malfunction.
- Mismanagement of the train engine
- Operator errors, including lack of attention, distraction, or impairment due to tiredness, alcohol, or drugs
- Passenger-related incidents, including falling from trains or not halting at required spots.
- Release of hazardous substances or explosions
- Safety system neglect, inadequate maintenance, or unsafe conditions at stations
- Signal-related errors, including incorrect handling or errors by signal operators.
- Speed-related issues, such as excessive speed or brake breakdown.
- Structural failures, such as the collapse of bridges and tunnels or trains coming off tracks.
If the equipment malfunctions, the manufacturer or the maintenance company usually holds responsibility. When a bus or train driver makes a mistake, the company is typically liable under the legal principle of respondeat superior, which means “Let the master answer (for the servant)” in Latin.
Identifying the cause of a bus or rail accident is essential for your case. We work with experienced professionals who can analyze evidence to accurately determine the cause of a train accident.
Common Train Accident Injuries
Train accidents can cause serious injuries because trains are large and heavy. It is important to seek medical help right away if you are in a train accident. Here are some common injuries that people may experience in train accidents:
- Head injuries: A sudden hit to the head during a train accident can cause brain injuries. Symptoms may include dizziness, headaches, nausea, confusion, and blurred vision. In severe cases, memory loss and lasting mental and emotional well-being changes can occur.
- Neck strain (whiplash): Whiplash is a neck injury that can happen when a train suddenly stops. Symptoms may include neck pain, stiffness, dizziness, and shoulder discomfort. Sometimes, these symptoms may not show up until days or weeks later.
- Spinal cord injuries: One of the most serious consequences of train accidents is a spinal cord injury. These injuries can cause problems like loss of bladder control, weakness in the arms and legs, persistent pain, lung and heart issues, and even paralysis. Recovery often involves physical rehabilitation.
- Fractures: Train accidents can cause broken bones in the arms, legs, and hips. While fractures are usually not life-threatening, they are painful and require rehabilitation. Multiple fractures may need surgery, which can be expensive. Talking to a trusted Clifton train accident lawyer about your legal options is important.
- Loss of limbs: In severe train accidents, limbs can be seriously injured and may need to be surgically removed. Amputation is a devastating outcome that requires rehabilitation and possibly the use of prosthetics.
- Emotional strain: Train accidents not only cause physical harm but also emotional distress. Victims may experience depression, anxiety, and post-traumatic stress disorder due to the trauma. Mental health counseling may be necessary for recovery and returning to a normal life.
What are the different bus and rail lines in New Jersey?
Almost all passenger rail lines maintain some link to local, state, or national governments. The primary passenger rail providers in New Jersey include:
- NJ Transit. New Jersey’s state-owned public transit system oversees key commuter train and bus routes across the entire state.
- Amtrak. New Jersey plays a crucial role in the Northeast Corridor for Amtrak, a national railway company that receives support from both state and federal sources while functioning as a profit-oriented entity.
- PATH: Port Authority Trans Hudson operates a rail line connecting Newark, Harrison, Jersey City, and Hoboken to New York City. The U.S., New Jersey, and New York jointly manage the Port Authority Trans-Hudson Corporation, a division of the Port Authority of New York and New Jersey, which runs it.
- SEPTA. The Southeastern Pennsylvania Transportation Authority, established by the state, operates trains into Trenton. SEPTA also manages light rail and bus services.
- PATCO. This rapid transit system connects Camden County, New Jersey, and Philadelphia, Pennsylvania, under the control of the Port Authority Transit Corporation.
- NJ River Line. New Jersey Transit, overseen by the Southern New Jersey Rail Group, operates this diesel tram-train light rail system connecting Camden and Trenton. Conrail also shares the rail lines for freight transport during off-peak hours.
- Hudson-Bergen Light Rail. New Jersey Transit owns and the 21st Century Rail Corporation operates this light rail line, connecting communities in Hudson County from Bayonne to North Bergen.
What to Do After a Train Accident in New Jersey
After a train accident in New Jersey, it is important to take immediate and appropriate action to ensure your safety and well-being and protect your legal rights. Here’s what you should do:
- Put safety first: If you are involved in the accident, prioritize your safety and the safety of others. Move away from the scene if it is safe, especially if there is a risk of fire, explosion, or more accidents.
- Get Medical Help: Seek medical attention promptly if you or anyone else is injured. Even if injuries seem minor, it is important to get a medical evaluation to check for any hidden or delayed injuries.
- Report to Authorities: Contact local law enforcement or emergency services to report the accident. They will document the incident, gather evidence, and create an official report, which can be important for any legal claims.
- Collect Information: If possible, gather information from the scene. Take photos of the accident site, damages, injuries, and any relevant details. Also, collect the names and contact information of witnesses.
- Don’t Admit Fault: Avoid discussing or admitting fault with anyone, including other parties involved, witnesses, or insurance representatives. Stick to factual information without speculating or assigning blame.
- Exchange Information: If there are other parties involved, exchange contact and insurance information with them. However, avoid getting into lengthy discussions about the accident.
- Consult Legal Counsel: It is advisable to consult a reputable law firm like Jaloudi Law before speaking with insurance companies or making any legal decisions. Our personal injury attorneys can advise you on your rights and the best course of action.
- Notify Your Insurance Company: Inform your insurance company about the accident, but avoid giving detailed statements until you have consulted with legal counsel. Insurance adjusters may use your statements against you.
- Preserve Evidence: Keep any evidence related to the accident, such as medical records, police reports, photographs, and correspondence with insurance companies. This evidence may be important for building a strong case later on.
Remember, every situation is unique, so it is important to consult our train accident attorney Clifton, NJ. We can provide personalized guidance based on your specific circumstances following a train accident in New Jersey.
Filing a Train Accident Injury Claim in New Jersey
Who can be held liable for my train accident injuries?
The Federal Railroad Administration (FRA) sets safety rules that railroad companies must follow. If they fail to ensure passenger safety, they can be held accountable. Determining responsibility for train accidents involves considering the actions of railroad companies, engineers, manufacturers, track owners, and vehicle drivers. Each party may be held accountable based on their involvement and negligence in the accident.
- Train engineers: Train engineers may also be liable for harm or fatalities brought on by their negligence at work. If their actions or inactions contribute to a train accident, they may be held accountable for the resulting injuries and damages.
- Track Owner: If track issues occurred on a segment that was under the control or ownership of a specific entity and contributed to the accident, that entity may be liable.
- Vehicle Driver: If the accident occurred because the train collided with a vehicle on the tracks, the driver of that vehicle could be held accountable.
- Manufacturer: Equipment malfunctions can involve various parts of the train or track. If faulty equipment was involved in the accident, the manufacturer responsible for that component could be held liable for injuries. This includes engine issues, signals, or any other part of the train or track.
What is New Jersey’s Statute of Limitations for Train Accident Injury Claims?
Our aim with railroad accident investigations is to establish your right to compensation due to the negligence of the railroad company. Our assistance also guarantees that your railroad accident lawsuit is filed within the appropriate time frame.
According to New Jersey Revised Statute Section 2A:14-2, you usually have a two-year window to file a personal injury lawsuit. If the accident led to the loss of a family member, New Jersey Revised Statute Section 2A:31-3 usually gives you two years to file a wrongful death lawsuit.
Investigating a railroad accident takes time and involves experts, studies, and reports. Due to the possibly lengthy and complex investigation, your case can greatly benefit from our immediate involvement. While we focus on the investigation and ensuring your lawsuit is filed on schedule, you can concentrate on recovering from your injuries.
What happens when I file a train injury claim?
Proving negligence in a train accident injury claim involves demonstrating that the responsible party had a duty of care, breached that duty, and that the breach directly caused your injuries. Here’s a general guide on how to establish negligence in such cases:
- Duty of care. Show that the party you’re holding responsible owed you a duty of care. In train accidents, train operators and other entities responsible for maintaining safe rail operations have a duty to ensure the safety of passengers, pedestrians, and other vehicles near the tracks.
- Breach of Duty Establish that the duty of care was breached. This requires showing that the responsible party’s actions or lack of actions fell below the standard of care expected under the circumstances. For example, if the train operator failed to adhere to safety regulations or proper signaling protocols,
- Causation. Prove that the breach of duty directly caused your injuries. You need to show that if the responsible party had acted reasonably, the accident and resulting injuries could have been prevented.
- Damages. Demonstrate the damages you suffered as a result of the accident. This can include medical bills, lost wages, pain and suffering, emotional distress, and other related losses.
Proving negligence can be complex, especially in train accident cases. Working with our knowledgeable legal professionals can significantly increase your chances of success and help you navigate the intricacies of the legal system to ensure your rights are protected.
What evidence do I need to win my injury claim?
To engage in discussions with the responsible railroad or their insurance provider, we will gather all the evidence we collect and compile it into a detailed case record. This collection of evidence can support us in resolving your lawsuit without the need for a court trial. Important evidence might encompass:
- Health records
- Income documentation
- Incident report
- Technical assessments
- Photographs and videos
- Accounts from witnesses
We are here to assist if you were a passenger on a train, a railroad employee, or a family member of someone injured. Our support extends to vehicle owners as well as the families of pedestrians and others who suffered fatal injuries in a railroad accident.
Feel free to reach out to our New Jersey train accident attorneys when you’re prepared to determine your financial losses and strive to recuperate them. We can manage all communication on your behalf, including filling out claims forms and handling other paperwork required by insurance companies.
How much is my New Jersey train accident claim worth?
In the majority of train accident situations, the individuals harmed are passengers with no fault in the incident. Our legal team will work hard to secure just compensation that addresses the expenses for:
- Costs for medical care you’ve had and will need in the future
- Earnings you’ve lost and will continue to lose
- Requirements for physical therapy, rehabilitation, and ongoing care
- Changes in appearance due to injury
- Long-term disability
- Physical and emotional distress
- Mental and emotional strain
- Guidance for work-related rehabilitation
- Impact of losing companionship and financial support from a loved one
Following a train accident, it’s highly probable that the insurance company or a representative from the train operator will reach out to victims shortly after the incident. This is because the financial matters involved are often significant.
It’s crucial to note that the insurance company doesn’t have your best interests at heart. Their primary aim is to minimize payments, even if the adjuster appears sympathetic and caring.
Do I need a train accident attorney in New Jersey?
No, you do not need an attorney to file a personal injury claim in New Jersey.
However, hiring our trusted train accident attorney in Clifton, NJ is a decision that can greatly benefit you in several ways when dealing with the aftermath of a train-related injury or incident. Here’s why:
- Legal Expertise: Our legal team at Jaloudi Law is experienced in all types of personal injury cases, including train accident cases. We can help you navigate the complexities of state and federal laws and regulations.
- Investigation and Evidence: We conduct thorough investigations, gathering crucial evidence such as accident reports, witness statements, and surveillance footage.
- Determining Liability: Our attorney analyzes the actions of all involved parties to identify responsibility and hold them accountable.
- Negotiation and Compensation: We negotiate with insurance companies to ensure fair settlements that cover medical expenses, lost wages, pain and suffering, and other damages.
- Advocacy and Peace of Mind: We passionately advocate for your rights, guide you through the legal process, and handle the legal burden, allowing you to focus on recovery and healing.
Speak with an experienced Clifton train accident attorney now!
Are you ready to file your train injury claim? Our train accident attorney in Clifton, NJ has the legal acumen and compassion to guide you through your train-related injury claim and get you the compensation you deserve.
At Jaloudi Law, our record of success and experience in train accident cases speaks for itself. We have a deep understanding of New Jersey’s legal landscape and a passion for protecting our clients’ rights. Our North Jersey personal injury attorneys can also represent you in PIP arbitration cases, real estate litigation, commercial litigation, and immigration matters. Trust Jaloudi Law to be by your side, providing steadfast support and the right legal guidance on your journey toward resolution and recovery.