Involved in a Train Accident in Norwalk, CT? Injury? We Can Help

Injured in a Train Accident in Norwalk, Connecticut?

Thousands of Connecticut residents use railroad transportation every day; the train serves as easy and accessible way to get to work, school, and more. Metro-North carries about 42 million Connecticut passengers a year, mainly on its New Haven line, which connects New Haven and New York City. Connecticut also sits between Amtrak’s Northeast Corridor, allowing frequent service from the Amtrak Regional and Acela Express.

While train operators are required by law to treat passengers with the highest degree of care, unfortunately, accidents can still happen due to a variety of factors – including some that may be out the train’s control, like part malfunctions and obstructions on the tracks.

The Fairfield-Bridgeport Crash of 2013

Train accidents are not uncommon in our highly populated area. On May 17, 2013, two Metro-North trains collided near the Fairfield-Bridgeport line, injuring 75 passengers and crew members. The crash occurred after a northbound train derailed after hitting a broken section of the track and was sideswiped by an oncoming train. An investigation into the crash discovered that the broken section of the crash, although repaired a few months early, was found to be defective two days before the derailment.

If you and/or a loved one has been injured in a train accident in Norwalk due to the negligent or reckless actions of other parties involved, our experienced personal injury attorneys at Lemberg Law are equipped to get you the compensation you deserve. We understand that train accidents can happen suddenly and unexpectedly, resulting in serious impacts on your health and finances; which is why you may need help as soon as possible.

Navigating train companies or manufactures that may be at fault for your injury can be a scary and frustrating experience, but it doesn’t have to be. For 13 years, Lemberg Law has made legal representation a pain-free and easily accessible process. We have successfully recovered more than $50 million in damages for more than 25,000 clients across the nation. Our track record speaks for itself.

You may be compensated for damages or losses associated with a train accident, which can include but are not limited to:

• Medical expense reimbursements
• Diminished quality of live
• Home healthcare
• Payment of lost wages
• Compensation for future medical costs
• Payment for future earnings
• Damages for pain and suffering

Common Injuries from Train Accidents

Due to the high speeds of trains and its sheer size, in the event of a sudden change in movement, there are several opportunities for train passengers to be injured. One can fall while in the aisle or hit one’s head on the seat or the wall or window beside them. Trains lack safety features such as airbags or seat belts, and thus passengers can sustain severe and life-threatening injuries in the event of a crash. Common injuries can include:

• Traumatic brain injuries
• Neck and spinal cord injuries
• Broken bones
• Soft tissue injuries
• Injury to internal organs
• Burns
• Bruising
• Abrasions
• Death

Most Common Causes for Train Accidents

Determining the cause of a train accident is crucial, as it will define who is responsible for the damages you may receive. Whether you are a passenger, a train employee, the train company, or a bystander who is injured, you may have a claim. Common causes of train accidents include:

• Train derailment: Train derailment is the leading cause of train crashes in the U.S. and in CT. In CT, from 2017 to 2019, derailments accounted for 34.5% of total train crashes in the state, according to the Federal Railroad Administration. Train derailments can be caused by broken rails and welding, track geometry (alignment, gauge and elevation issues), bearing failure, and more.
• Track failure: Railroad companies own their own track and are responsible to maintain it and conduct regular inspections. Overtime, tracks become worn and broken. Failure to maintain and fix the tracks can increase the risk of an accident. In 2017, 4 Metro North train crashes were caused by track, roadbed, or structural errors.
• Human error: Human error can also be factor in a number of railway crashes. Human error can be due to inexperience, reckless behavior such as speeding or operating the train under the influence, distractions like texting, poor training, or a combination of these. In 2019, 14 Metro North crashes were attributed to human error.
• Faulty part: A faulty part may be the cause of the accident. The liability could fall on the original manufacturer or oversight by the party who is in charge of maintenance. A defective part can include a brake failure or a defect with the warning signals.
• Train-vehicle collisions: Some train accidents happen when a vehicle gets trapped on top of the track. This can be due to a mechanical failure, faulty part of the vehicle, or when a vehicle becomes stuck between the level crossing signals. According to UConn’s Crash Repository, since 2017, there have been 1,177 crashes involving railroad crossings in Connecticut.

FAQs about Train Accidents:

What should I do if I am involved in a train accident?

First and foremost, you should check to see if you or anyone else is seriously injured and call the police for help. Request to get checked out for your injuries and take full advantage of the care provided. If you are able to, take photographs of the scene of the accident and any visible injuries. Write down the names and phone numbers of any witness on the scene.

If you are a driver in a vehicle, get the information of everyone involved, including their full name, addresses, phone numbers, license plate numbers, general descriptions of each vehicle, insurance information, and driver’s license information. Try to get as much information as possible to show that you are not liable for the accident, such as photographs of the scene and testimonies from witnesses.

Is there anything I should not say?

You should not apologize to anyone or accept blame for the accident, as this can be misinterpreted by the insurance companies and used against you. You also do not have to give a statement to the other insurance company right away.

Train companies and their insurers may be looking for ways to limit their liability and may offer you a settlement quickly after the accident. In order to understand the full extent of the damages that you may be owned, it is best to consult with an experienced train accident lawyer before talking with any insurance company or accepting any initial settlement.

Should I see a doctor after the accident, even if I do not think I’m seriously injured?

You should absolutely visit a doctor after being in any type of accident. While you may feel like the injuries are minor or not there, you could have injuries that may become serious if not treated. It’s better to take precautions when dealing with your health. Seeing a doctor will also create medical documents that can serve as evidence if you do decide to peruse legal action.

How much compensation am I entitled to?

If you were injured due to a train accident that was not your fault, you may be entitled to compensation. It is important to note that no two claims are the same. How much you may receive in damages depends on a variety of factors, such as the sum cost of your injuries, the extent of your past lost wages, and the degree of negligence on your part, if any. The effects of an injury also vary from person to person.

Once our lawyers get all of the necessary information from you, we will evaluate your case tailored to your needs. We provide personalized representation to our clients and make sure to keep them informed about any updates in their case.

If I am an employee of the train company, can I still file a claim?

Yes, you can. The Federal Employers Liability Act (FELA), written to protect railroad workers, allows you to file a claim against your train employer. You may file a claim if you have sustained an injury as result of the work you do on the railroad, resulting in medical treatment, lost time from work, or disability and pain. Suing your employer can be difficult, but the legal team at Lemberg Law has the legal experience to help you acquire the compensation you deserve.

How much time to do I have to file a claim in Norwalk?

If you were hurt by a vehicle that is owned or operated by a district or government entity, in many states, there is only a brief period—sometimes less than 60 days—in which a claimant can sue a government body who may be responsible for an accident.

If you are pursuing a personal injury claim that is not against a government body, under Connecticut law, you must file a personal injury or property damage claim within two years of the date of the accident. If someone suffers a wrongful death, the two-year limit starts on the date of the victim’s death from their injuries.

If you are a train employee, the statute of limitations to file a claim with FELA is three years, but the first 30 days after the accident is crucial. Connecticut law also requires employers to file a report with the Workers’ Compensation Commission when an employee has sustained a work-related injury or illness that results in one or more lost workdays. Be sure to consult with an attorney when you fill out the report.

You should reach out to an attorney sooner, rather than later, in order to have plenty of time to build a strong case. Our attorneys are knowledgeable about the entire process, including state, local, and national transportation laws.