The Long Island Rail Road (LIRR) is a lifeline for many commuters and travelers across Long Island and into New York City. While the LIRR provides a valuable service, accidents can and do happen. If you've been injured as a passenger on the LIRR, it's crucial to understand your rights and the steps you can take to seek compensation.
At Leitner Varughese Warywoda PLLC, we have extensive experience representing injury victims across Long Island and the five boroughs of New York City. We understand the unique challenges involved in pursuing a claim against the LIRR, and we're here to help you navigate the legal process.
Common Causes of LIRR Accidents
LIRR accidents can occur for a variety of reasons, including:
Derailments: Train derailments, though rare, can cause catastrophic injuries. These incidents are often caused by track defects, faulty equipment, or human error.
Collisions: Collisions with other trains, vehicles, or objects on the tracks can result in serious injuries to passengers.
Sudden Stops and Jolts: Abrupt braking or sudden acceleration can throw passengers off balance, causing falls and injuries.
Slip and Falls: Wet floors, icy conditions, or debris on train platforms or within train cars can lead to slip and fall accidents.
Platform Accidents: Passengers can be injured due to falls from platforms, gaps between the train and the platform, or overcrowding on platforms.
Assaults: Unfortunately, assaults and other criminal acts can occur on trains or at LIRR stations.
Your Rights as an LIRR Passenger
When you purchase a ticket and board an LIRR train, you have the right to a safe journey. The LIRR, as a common carrier, has a legal duty to exercise the highest degree of care to ensure the safety of its passengers. This means they must take reasonable steps to prevent accidents and protect passengers from harm.
If you are injured as a passenger on the LIRR due to their negligence, you have the right to seek compensation for your damages, which may include:
Medical expenses: Costs of hospitalization, surgery, doctor visits, medication, physical therapy, and other medical treatment.
Lost wages: Compensation for income lost due to your inability to work as a result of your injuries.
Pain and suffering: Damages for the physical pain, emotional distress, and diminished quality of life caused by your injuries.
What to Do After an LIRR Accident
If you are injured in an accident on the LIRR, it's important to take the following steps:
Seek Medical Attention: Your health is the top priority. Even if you don't think your injuries are serious, seek medical attention immediately. Some injuries may not be apparent right away.
Report the Accident: Report the accident to an LIRR employee or official as soon as possible. This will create an official record of the incident.
Gather Information: If you are able, gather information at the scene, including:
The train number and time of the accident
The location of the accident
Names and contact information of any witnesses
Photos or videos of the accident scene, your injuries, and any contributing factors.
Preserve Evidence: Keep any damaged belongings, such as clothing or personal items, as they may serve as evidence.
Contact an Attorney: Contact an experienced personal injury attorney as soon as possible. An attorney can help you understand your rights, investigate the accident, and pursue a claim against the LIRR.
Challenges of Pursuing a Claim Against the LIRR
Pursuing a claim against the LIRR can be complex. The LIRR is a public authority, which means there are specific procedures and deadlines that must be followed.
Some of the challenges you may face include:
Notice of Claim: You must file a Notice of Claim with the LIRR within 90 days of the accident. This is a formal document that notifies the LIRR of your intent to file a lawsuit.
Statute of Limitations: You have a limited time to file a lawsuit against the LIRR. In most cases, the statute of limitations is one year and 90 days from the date of the accident.
Government Immunity: The LIRR may raise defenses based on governmental immunity. An experienced attorney can help you overcome these defenses.
Investigating the Accident: Gathering evidence and proving negligence in an LIRR accident can be challenging. You'll need an attorney who can conduct a thorough investigation and build a strong case on your behalf.
How an Attorney Can Help
An experienced personal injury attorney can play a crucial role in your LIRR accident case. Here's how an attorney can help:
Investigate the accident: An attorney can investigate the accident, gather evidence, and interview witnesses to determine the cause of the accident and identify liable parties.
File a Notice of Claim: An attorney will ensure that a timely and properly filed Notice of Claim is submitted to the LIRR.
Negotiate with the LIRR: An attorney can negotiate with the LIRR and their insurance company to reach a fair settlement.
File a lawsuit: If a fair settlement cannot be reached, your attorney can file a lawsuit and represent you in court.
Handle all legal procedures: An attorney will handle all legal procedures and deadlines, ensuring your rights are protected throughout the process.
Leitner Varughese Warywoda PLLC: Your Long Island and NYC LIRR Accident Lawyers
If you or a loved one has been injured in an accident on the Long Island Rail Road, don't hesitate to contact the experienced attorneys at Leitner Varughese Warywoda PLLC. We have a proven track record of success in handling LIRR accident cases, and we're dedicated to helping our clients obtain the compensation they deserve.
We serve clients throughout Long Island, including Nassau County and Suffolk County, and all five boroughs of New York City. We offer free consultations and are available 24/7 to answer your questions and discuss your case.
Don't face the aftermath of an LIRR accident alone. At Leitner Varughese Warywoda PLLC, our experienced team is ready to fight for your rights. Call us today at 212-671-1110 or visit our website at www.lvlawny.com to schedule a free consultation. We're here to help you get back on track.
