Unlike many parts of the country, Connecticut has excellent passenger train service, so trains frequently pass through the area. Cargo trains also haul goods in the state. While the state has implemented the CT Rail Safety Program to help ensure the safety of both passengers and workers, accidents still happen.
People injured in train incidents have the right to seek compensation from the railroad operator and other parties whose conduct might have contributed to the accident. However, train accident claims can be complex, so working with an experienced legal professional is crucial.
D’Amico & Pettinicchi, LLC, is a firm of experienced accident attorneys who have been obtaining excellent results for injured people for decades. Contact a Waterbury train accident lawyer at our firm as soon as possible after a train accident.
One of the most challenging aspects of train accident cases is that trains are often owned and operated by government agencies. For example, MetroNorth is a quasi-government agency that manages the main commuter rail service in Waterbury. Amtrak, owned by the federal government, also serves the city. The Connecticut Department of Transportation operates other train lines nearby.
Bringing claims against government agencies is more complex than a standard personal injury claim. There are specific requirements that require an injured person to provide the appropriate government office notice of a claim within a short period. The time to provide notice could be as little as 120 days.
In addition, there may be restrictions on the amount you can collect from a government defendant.
The Waterbury train accident attorneys at D’Amico & Pettinicchi, LLC, are familiar with the various procedural requirements. They will ensure every potentially liable agency receives timely notice of your claim. They also will investigate to identify other, non-government defendants who may have potential liability for the accident.
The company or agency that operates the train is almost always liable in a train accident. The law imposes a high standard of safety on common carriers like trains, and any deviation could result in liability. However, there are often others whose conduct contributed to the incident.
Sometimes trains use tracks not owned by the train operator. When track conditions play a role in the accident, the track owner may be liable to anyone injured. Similarly, when a mechanical defect in the train, the track, or equipment like switches or crossing signals contributed to the crash, the manufacturer of the faulty product could be liable.
Other parties like contractors, vehicle operators, and the injured person could be liable depending on the circumstances. Connecticut General Statutes § 52-572h makes each liable party responsible for paying for their role in the incident. Working with our experienced train accident lawyers in Waterbury ensures that all the potentially responsible parties will face claims for their role in causing your injuries.
In cases of serious injury, damages in accident cases can be substantial. The compensation an injured person receives should be enough to cover their out-of-pocket expenses, medical bills past and future, wage loss, past and future plus provide them with compensation to acknowledge the impact the accident had on their quality of life.
Out-of-pocket expenses are called economic damages. These include medical expenses, diminished income, and incidental expenses like parking and travel to medical appointments. When an injury requires renovations to a home to make it accessible, these improvements could be included in economic damages. Predictable future losses, such as ongoing medical treatment or an inability to go back to work, are also included.
Train accident victims can claim compensation for non-economic damages, sometimes called pain and suffering damages. When you sustain a permanent injury that has a substantial impact on your daily activities and quality of life, pain and suffering damages can be significant. Our train injury attorneys in Waterbury are skilled at using medical records, statements from you and your family members, photographs, and video to demonstrate the extent of your pain and suffering.
Federal employees injured in train accidents may be able to seek compensation under the Federal Employers Liability Act (FELA), which provides for railroad workers injured on the job.
Train operators have a heightened duty to get you to your destination safely. When they fail in their duty and you are injured in a preventable accident, the train operator and others may be liable to pay you compensation.
Train accident claims are complicated, and you shouldn’t try to handle yours alone. Contact a Waterbury train accident lawyer at D’Amico & Pettinicchi, LLC, for skilled assistance with your claim. We offer free, in-person or remote consultations at your convenience. Reach out today.
