Archive for the ‘train crash’ tag

Connecticut Statute of Limitations for Injury Claims

May 14th, 2015 at 4:08 pm

Connecticut statute of limitations, train crash, Westport Catastrophic Injury LawyerOn May 17, 2013, at 6:10 p.m., a commuter train that had departed from Grand Central Station, and was heading for New Haven, derailed in the Bridgeport area. As the train derailed off the tracks, it smashed into another commuter train that was heading in the opposite direction. There were approximately 250 passengers in each of the trains. Over 70 people were injured, several of them critically injured.

The National Transportation Safety Board (NTSB) later determined that the cause of the accident was an “undetected broken pair of compromise joint bars” on the track due to the following:

  • There was a lack of regular maintenance program to the tracks. This lack of maintenance program meant no priority of inspections to equipment in order to ensure needed repairs performed right away;
  • There were no federal regulations in place which required heavily traveled commuter rail companies to perform mandatory inspections; and
  • The railroad company made the decision to postpone any regular track maintenance and repairs.

For each victim who was injured in the train crash, the statute of limitations is quickly approaching to file claims against those parties who were determined responsible for the crash. A statue of limitation is the amount of time the law allows victims to pursue legal options against those responsible for those injuries.

In Connecticut, state law says that a victim can only bring forth a claim within two years of the date of the incident which caused the injury. This applies to cases where an incident was caused by “negligence or wanton misconduct.” The statute also applies to injuries which arise through medical malpractice cases.

Another Connecticut law addresses the statute of limitations for wrongful death claims. Just like personal injury lawsuits, claims need to be filed within two years of the victim’s death.

Consult with a Connecticut Personal Injury Attorney Today

The law does make some exceptions to these two year statutes, and a skilled attorney will be well-versed on those exceptions. If you or a loved one has been injured in catastrophic accident, contact an experienced Westport personal injury attorney to discuss your legal options.

Railroad Crossing Accidents often Fatal

February 4th, 2015 at 1:05 pm

 railroad crossing accident, Westport wrongful death attorneyfatal train crash has occurred—this time in Valhalla, New York. Six people were killed and another 15 injured when a commuter train smashed into an SUV that was stopped on the tracks at the crossing. According to officials, the “electrified third rail on the tracks became dislodged after the impact and pierced the floor of the front train car.” Almost 400 feet of track will need to be replaced. The investigation into what caused the crash is currently underway by both state and federal officials.

Railroad Crossing Accident Causes

One of the most tragic, and often avoidable, fatal accidents are those that occur at railroad crossings. The impact of a train slamming into a car at a crossing has been compared to the impact of a car crushing a tin can. In the U.S., every 90 minutes a train and vehicle collide. Every year, there are approximately 250 people killed and another 1,000 seriously injured in railroad crossing accidents.

Many of these accidents are often caused by a vehicle driver attempting to get around the gates of the crossing, or through flashing lights which signal that a train is coming through. By law, drivers are required to stop when these warning signals are in place. Most of these crashes occur within 25 miles of the vehicle driver’s home.

However, it is not always an impatient driver who is at fault in these accidents. Statistics from the Federal Railroad Administration reveal that more than 80 percent of railroad crossings have inadequate warning signals, leaving drivers completely unaware that a train is approaching.

The consequences of train/vehicle accidents can have a dangerous ripple effect. Many of these crashes result in the train derailing off the tracks which greatly endangers the passengers. There are also dangers when the involved train is a freight train. Many freight trains transport hazardous cargo, which can put an entire community in danger if the toxins are exposed to the atmosphere in a crash.

Contact a Westport Wrongful Death Attorney

If you have lost a loved one in a train or vehicle accident, please contact an aggressive wrongful death attorney in Westport, Connecticut to discuss your case and determine what legal recourse you may have against those parties whose negligence were responsible for your family’s tragic loss.

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