Two Essential Factors in New York Train Accident Lawsuits
The devastating train crash in The Bronx earlier this month has resulted in dozens of train accident lawsuits being filed against the train engineer and the MTA. According to Reuters, investigators have discovered two key factors in the crash which will be important to highlight when dealing with train accident lawsuits. The first fact that must be considered is whether human error caused the derailment. Many believe that the train engineer dozed off while operating the locomotive, a definite sign of human error. If plaintiffs can prove human error than this will certainly help their chances when they seek assistance in their case.
As well, individuals will need to prove whether state or federal law governs railroad safety in the case. Plaintiffs who have been injured in the train derailment have their sights set for large rewards. If past train derailment settlements are any indications, victims of the NYC train derailment should expect to get millions after the accident. One woman injured in a Chicago train derailment in 2005 was granted $29.5 million for her injuries after the accident.
Doubtless, many New Yorkers injured on the commuter train will be working towards similar settlements. Currently, investigators are certain that the train was travelling 82 mph in a 35 mph zone around a curve when the derailment took place. The train’s engineer claims that he lost focus at the time of the accident.
The National Transportation Safety Board says that it has not yet reached a conclusion into the accident’s cause, and wants to continue working for several weeks before declaring that the engineer is partially to blame. The authorities have not discovered any mechanical issues with the train, though they noted that the train had not installed a mandatory new safety system that will be implemented in all commuter rails within the next few years. If you have been injured in this tragic train accident, don’t hesitate to contact a New York city personal injury attorney at the firm today to seek assistance in your case!