Train Derailment Accident Case Takes a New Turn

Written by
Abraham Jaros
Updated on Tuesday, Oct 24, 2023

Q: What is the cause of most train accident injury cases?

Whether it’s for your daily commute, a pleasure ride, or part of your vacation plan, traveling by train can be less stressful and even safer than driving or other methods of transportation. You can work, read, chat, eat, and even sleep without having to pay attention to driving. Someone else has been entrusted with that job. But what happens when the engineer is negligent or reckless- or if some other factor or combination of factors intervenes- causing a tragic accident? While train accidents may happen less frequently than automobile accidents, when they do occur they often result in numerous serious injuries as well as some fatalities. That was the case when a Metro North train traveling at an excessive speed derailed in December 2013 after its engineer fell asleep at the wheel. While he was sleeping, the train took a turn at 82 mph (instead of the 30 mile an hour speed limit that was deemed safe for the turn), causing the train to careen off the tracks, and scattering tipped-over cars all along the trackside in the Bronx, New York crash. Approximately 70 passengers were injured and four people were killed in the crash. The 20-year veteran engineer- who was cleared of criminal liability in the crash and who federal investigators said suffered from an undiagnosed sleep disorder that caused him to doze off that fateful day- marked the third anniversary of the horrific crash by commencing a $10 million lawsuit against Metro North. The suit alleges that the railroad was “negligent and reckless for failing to provide him with a safe workplace" and for not having an automatic brake system. He reportedly suffers from “severe and permanently disabling injuries" to his left shoulder injury and post-traumatic stress disorder as a result of the accident. Investigators found nothing wrong with the brake system. More than 2,000 train accidents happen annually in the United States and approximately 70% are derailments. The most common cause of railroad accidents-human error- accounts for approximately 34% of all railroad accidents and is often due to an engineer failing to abide by speed limits and failing to properly apply the brakes. Passengers injured in a train accident are entitled to compensatory damages for such items as medical bills, lost wages, property damage, and pain and suffering. If you or a loved one has been injured, or a loved one has been killed in a train accident, you need a personal injury and wrongful death attorney with experience in the complex legal arena of train accident claims. The attorneys at the New York City law firm of Jaroslawicz & Jaros have been representing clients in high-profile train accident cases for decades and can help you maximize your recovery. We also help those injured stepping on and off trains. Don’t accept any insurance company settlement without speaking to an attorney. We represent clients all over New York as nationwide. Call 800.269.2780 for free consultation today.

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