Written by: Brach Eichler Injury Lawyers
Last Updated : December 5, 2022
New Jersey Train Accident Lawyers
Like many densely populated eastern states, New Jersey depends heavily on mass transportation options, including bus and rail. Commuters, schoolchildren, and day-tripping seniors all readily rely on various public and privately owned bus and train lines. For the most part, these modes of transportation are very safe, but a single act of negligence can easily cause widespread damage, multiple severe injuries, and the loss of several lives. At Brach Eichler Injury Lawyers, our injury lawyers are passionate about providing determined representation for victims of train and bus accidents. Most importantly, we want to see that you are properly compensated for all your losses: medical bills, lost income, and your pain and suffering. But we also want to hold these large companies and public entities accountable for negligent acts and unsafe conditions that put everyone at risk. By fighting tirelessly for you, Brach Eichler Injury Lawyers not only help you overcome your injuries and get your life back on track, but we also force improvements in transit protocols that make for a safer New Jersey.
Do I Need A Train Accident Lawyer?
When a person has been injured in a train accident, they are likely to be contacted by an insurance company soon after the accident. You need to remember that the negligent party’s insurance company is never on your side. All insurers are only interested in protecting their bottom lines, which involves settling claims for as little as possible.
A lawyer will be able to conduct an independent investigation into your train accident and get important answers relating to its cause. They will also be able to collect important evidence and determine every single liable party.
An insurance company might offer you a single lump sum settlement to resolve your case, but you need to know that an attorney can negotiate a truly fair and full settlement that actually covers all of your long-term needs. When a case cannot be settled, an attorney will file a lawsuit to take your case to trial.
Why Choose Brach Eichler Injury Lawyers To Handle My Train Accident Case?
Brach Eichler Injury Lawyers has recovered more than $425 million for our clients. The New Jersey Law Journal ranked us as a Top 40 Law Firm.
Edward P. Capozzi secured at least one – and sometimes as many as three – of the state’s top 20 verdicts or settlements every single year from 2012 until 2018. He received the President’s Award from the New Jersey Association for Justice in 2015, and the Personal Injury Hall of Fame Award from the New Jersey Law Journal in 2014.
Keith J. Roberts maintains membership in the Bergen County Bar Association, the New Jersey chapter of the American Trial Lawyers Association, and the Health and Hospital Law Section of the New Jersey Bar Association. He is one of a select few attorneys to serve on the New Jersey Insurance Commissioner’s Technical Advisory Committee on PIP (PIPTAC).
Charles X. Gormally has been licensed in New Jersey since 1979, and in New York since 1990. In 2011 and 2012, he proudly served as the mayor of Mountain Lakes, New Jersey.
Causes of rail accidents in New Jersey
Bus and rail lines are very different, but there are commonalities, especially when it comes to the causes of accidents. For both modes of transportation, the leading causes of accidents include:
- Equipment failure
- Operator error
- Operator inattention or distraction
- Operator impairment due to fatigue, alcohol, or drug use
- Excess speed
- Brake failure
- Mishandling of the engine
- Driver error
- Fog or snow
- Failure to check brakes and safety systems
- Passengers falling off trains
- Failure to stop at required positions
- Release of hazardous materials
- Bridge and tunnel collapses
- Signalmen’s errors
- Improperly secured freight
- Incorrect operation of signals or equipment
- Track obstructions
- Poor design
- Overloaded freight
- Poor maintenance
- Dangerous conditions at stations
When equipment fails, the party at fault is generally the manufacturer or the maintenance company. When a bus driver or train operator makes a mistake, the company is generally liable under the legal theory of respondeat superior, a Latin phrase that means “Let the master answer (for the servant).” Determining the cause of a bus or rail accident is of paramount importance to your case. We consult skilled experts who can examine physical evidence to pinpoint the cause.