New York Train Accident Lawyer

Train travel connects millions of people across New York every day, from local subway rides to long-distance Amtrak trips. Trains are a major part of life in the city and throughout the state, providing vital transportation for commuters, visitors, and goods. However, when an accident happens on the tracks, the consequences can be devastating. Passengers, workers, and even bystanders can suffer serious injuries or lose their lives. In many cases, victims face long recoveries, mounting medical bills, lost income, and emotional trauma. The laws governing train accident cases are complex and involve strict deadlines. If you or a loved as injured in a train accident in New York, consulting an experienced New York train accident lawyer can help you protect your rights, navigate the legal process, and pursue fair compensation for your injuries and financial losses.

The type of train involved in an accident affects which laws apply and who may be held responsible. New York is served by several types of trains:

• Subway Trains: The New York City subway system and the Staten Island Railway are operated by the Metropolitan Transportation Authority (MTA) through the New York City Transit Authority (NYCTA).
• Commuter Trains. Commuter trains carry passengers between New York City and nearby suburbs on a daily basis. These trains are operated by different agencies and are subject to specific safety standards and legal requirements. Commuter trains in New York include:
  • The Long Island Rail Road (LIRR)- serves Long Island and is operated by the MTA.
  • Metro-North Railroad- serves areas north of New York City in New York and Connecticut.
  • NJ Transi connects New Jersey to New York.
• Amtrak: Amtrak operates long-distance passenger trains through New York. Because Amtrak is a federally chartered corporation, claims against it involve federal rules.
• Freight Trains: Companies like CSX Transportation and Norfolk Southern operate freight trains across New York. Accidents involving freight trains can impact passengers, workers, and nearby residents.
• Tourist and Excursion Trains: Private companies operate smaller scenic railways in New York. Claims against these operators involve different legal standards.

Correctly identifying the train and operator is the first step toward pursuing a claim. Different rules and procedures apply depending on whether the train was operated by the MTA, Amtrak, NJ Transit, or a private company. Filing deadlines, notice requirements, and liability standards can vary significantly based on the agency or company involved. An experienced New York train accident lawyer can help you quickly determine the responsible parties and take immediate steps to protect your rights.

Train accidents are less frequent than car accidents, but they often involve severe injuries when they do occur. A careful investigation often reveals that one or more of the following factors contributed to the accident:

• Operator Error: Train operators must stay alert at all times. Distraction, fatigue, speeding, and impairment by drugs or alcohol can cause catastrophic accidents. Even a brief mistake can impact hundreds of passengers.
• Mechanical Failures: Trains require careful maintenance. Defective brakes, engines, couplings, or other components can cause sudden failures. Poor inspections or skipped repairs put everyone at risk.
• Signal and Communication Problems: Trains rely on signals and clear communication between operators and dispatchers. A malfunctioning signal or miscommunication can cause collisions or derailments.
• Track Defects: Broken rails, misaligned tracks, and damaged switches can lead to derailments, especially at high speeds. Regular inspections are required to spot these dangers before accidents happen.
• Excessive Speed: Operating a train too fast for track conditions, curves, or weather significantly raises the risk of losing control or failing to stop in time.
• Human Error by Other Railroad Workers: Mistakes by dispatchers, maintenance workers, or signal operators can create unsafe conditions that result in accidents.
• Severe Weather: Snow, ice, rain, and fog can make train operations more dangerous. Operators and companies must adjust procedures during bad weather to prevent accidents.
• Grade Crossing Accidents: Accidents at railroad crossings often involve vehicles or pedestrians. Problems such as faulty crossing gates, poor visibility, or driver mistakes can lead to tragedy.
• Vandalism and Security Incidents: While less common, deliberate acts like sabotage or vandalism can cause serious accidents.

A full investigation is required to understand the cause of a train accident and to identify who may be legally responsible.

Several parties may be legally responsible for a train accident. It is often necessary to name more than one defendant to recover full compensation. Potentially responsible parties include:

• Train Operators or Engineers: If the accident resulted from operator negligence, such as speeding, distraction, or impairment, the operator may be liable.
• Train Companies and Railroad Operators: Companies like the MTA, Amtrak, and CSX are responsible for their employees’ actions and for safe operations overall. Railroad operators must also maintain safe conditions at crossings used by the public. For example, in Grinestaff v. New York Central Railroad, 253 App. Div. 373 (4th Dep’t 1938), the plaintiff’s car collided with a train at a rural crossing where vegetation allegedly obstructed his view. The court held that a jury should decide whether the railroad was negligent for failing to clear the vegetation and for not providing adequate warning signals. The case illustrates that railroads have a continuing duty to take reasonable steps to prevent foreseeable collisions at public crossings.
• Maintenance Companies: If a third-party company failed to properly maintain trains or tracks, they may also be held accountable.
• Manufacturers of Equipment: If a defective train part or signaling device contributed to the accident, the manufacturer may face a product liability claim.
• Governmental Agencies: Many train operators are public entities. Special procedures and deadlines apply when suing a public agency like the MTA.
• Private Property Owners: In accidents at grade crossings, a negligent property owner may be partially responsible.
• Other Third Parties: Construction companies working near tracks or even trespassers can sometimes play a role in causing accidents.

A thorough investigation is necessary to identify all responsible parties and build a strong case.

Several federal and state laws govern train accident cases in New York:

• Federal Railroad Safety Act (FRSA): The FRSA sets nationwide safety standards for railroad operations, covering track maintenance, equipment, and employee conduct. A violation of FRSA regulations may serve as strong evidence of negligence. The Federal Railroad Administration (FRA) enforces these standards.
• New York Common Carrier Law: Train operators are considered common carriers and must use a high degree of care toward passengers. They must take reasonable precautions to prevent harm, and failure to do so can result in liability.
• Federal Employers’ Liability Act (FELA): FELA allows injured railroad workers to sue their employers for negligence. Workers only need to show that their employer’s negligence played some part in causing their injury. This is different from typical workers' compensation cases and often leads to higher recoveries.
• New York General Municipal Law § 50-e: If the claim is against a public entity like the MTA, the injured party must file a Notice of Claim within 90 days of the accident. This requirement is strict and missing the deadline can end the case before it even starts.

Understanding which laws apply requires careful legal analysis.

Proving liability in a train accident case requires gathering strong evidence that shows the railroad company or another party failed to meet their duty of care. Important types of evidence include:

• Accident Reports: Prepared by the railroad company, police, or government agencies like the Federal Railroad Administration.
• Surveillance Footage: Video from stations, train cars, or nearby buildings can capture the accident.
• Photographs: Images of the scene, damaged equipment, injuries, and weather conditions at the time of the accident.
• Event Recorder Data: Information from the train’s black box showing speed, braking, and operator actions before the accident.
• Maintenance and Inspection Records: Proof of whether the train, tracks, or signals were properly maintained.
• Employee Logs and Training Records: Evidence of operator qualifications, hours of service, and potential fatigue.
• Witness Statements: Testimony from passengers, workers, and bystanders.
• Expert Analysis: Specialists may explain technical failures and how negligence caused the accident.

A prompt investigation helps secure key evidence before it disappears.

Strict deadlines apply to train accident lawsuits. Missing a deadline will likely result in losing your right to recover compensation.

• Claims Against Private Companies: You generally have three years from the date of the accident to file a lawsuit against a private company like CSX or Amtrak.
• Claims Against Public Entities (MTA, NYCTA, LIRR, Metro-North):
  • A Notice of Claim must be filed within 90 days of the accident.
  • A lawsuit must be filed within one year and 90 days after the accident.
• Wrongful Death Claims: The deadline is typically two years from the date of death, but a Notice of Claim is still required for public entities.
• Minors: Special rules may extend some deadlines when the injured person is a minor.

The purpose of the 90-day Notice of Claim requirement is to give public entities prompt notice of potential claims so they can investigate while evidence is still fresh and prepare a defense if necessary. Delays in filing a notice can prejudice the defendant by making it harder to gather facts, interview witnesses, or preserve important records. Courts strictly enforce this rule to avoid unfairness to the public agency. In Alexander v. New York City Transit Authority, 2021 NY Slip Op 04665, the court denied the plaintiff’s request to file a late notice of claim, finding that there was no reasonable excuse for the delay and that the transit authority could have been prejudiced by the lack of timely notice.

In some cases, courts allow amendments to existing complaints to add wrongful death claims if the original notice provided sufficient information about the underlying events. For example, in Baselice v. Long Island Rail Road Company, 2023 NY Slip Op 23178, the court permitted the plaintiff’s estate to amend the complaint after the plaintiff's death because the original filings had given the railroad notice of the relevant facts. This demonstrates the importance of consulting with an experienced New York train accident lawyer to help ensure that the proper framing of the initial notice and complaint and that deadlines are not missed.

If you have been injured in a train accident, you may be entitled to compensation for several types of losses, including:

• Medical Expenses: Past and future medical treatment, hospital stays, rehabilitation, and necessary equipment.
• Lost Wages: Income lost due to missed work because of injuries.
• Loss of Future Earning Capacity: Reduced ability to earn income due to permanent injuries.
• Pain and Suffering: Compensation for physical pain and emotional distress.
• Loss of Consortium: Damages for the impact on your relationship with your spouse.
• Wrongful Death Damages: Funeral costs, lost financial support, and compensation for the deceased’s pain and suffering, if applicable.
• Punitive Damages: In rare cases involving reckless or malicious conduct, additional damages may be awarded to punish the wrongdoer.

New York follows comparative negligence rules, meaning that if you were partly responsible for the accident, your compensation would be reduced by your percentage of fault.

After a train accident, taking the right steps can protect your health and your legal rights:

• Seek Medical Attention: Get evaluated immediately, even if injuries seem minor. Follow all treatment instructions.
• Report the Accident: Notify the conductor, crew, or station personnel before leaving the scene if possible.
• Gather Evidence: If safe, take photos of the scene, your injuries, and any contributing hazards. Collect witness information.
• Keep Records: Save all medical bills, accident reports, wage loss documents, and correspondence with railroad or insurance representatives.
• Limit Communications: Do not speak extensively with railroad representatives or insurance adjusters without first consulting your experienced New York train accident lawyer.

Prompt action helps strengthen your case and prevents missed deadlines.

Q. What if I was hurt on a train because another passenger assaulted me?

A. If you are assaulted by another passenger, you may have a claim against the railroad company if it failed to provide reasonable security measures or ignored known risks. However, train operators are not automatically responsible for all criminal acts by third parties. Whether the railroad had notice of prior similar incidents or specific threats often affects liability.

Q. Can I still sue if I signed a waiver before boarding a tourist or scenic train?

A. Possibly. Waivers are often limited in what they can legally cover under New York law. If gross negligence or reckless behavior caused your injury, the waiver may not protect the train operator from liability.

Q. What happens if I am injured by falling luggage or objects inside a train?

A. Train companies must secure loose equipment and design safe storage areas. If falling luggage or other unsecured objects injure a passenger, there may be a claim for negligence.

Q. What if I was partially at fault for my injuries in a train accident?

A. Under New York’s comparative negligence law, you can still recover damages even if you were partly at fault. Your compensation will be reduced in proportion to your share of responsibility.

Q. How long does it take to resolve a New York train accident case?

A. The time it takes to resolve a train accident case varies widely. Some cases settle within a few months, while others take several years, especially if multiple defendants are involved or if liability is heavily disputed.

Q. What if a worker is injured while working on or near a train?

A. Injured railroad workers have special rights under FELA. Workers must show that the railroad’s negligence played a part in causing their injury. They may recover damages for medical expenses, lost wages, loss of future earning ability, and pain and suffering. FELA claims often involve higher awards than workers' compensation claims. However, railroads defend these cases aggressively. Workers should consult a train accident attorney in New York experienced in FELA cases.

Q. Is the train company always responsible for injuries?

A. Not every injury that occurs on a train results in liability for the train company. Train operators must use a high degree of care, but they are not absolute insurers of passenger safety. Courts will examine whether the railroad breached its duty of care and whether that breach caused the injury. For example, if a train operator stopped suddenly due to distraction rather than an emergency, the company may be liable. However, if a passenger ignored clear warnings or took unreasonable risks, the train company may not be held liable.

If you or a loved one has been injured in a train accident, you do not have to navigate the legal process alone. Train accident cases are complex, and you deserve a team that understands the laws, the procedures, and the challenges involved. At Stephen Bilkis & Associates, our experienced train accident attorneys serving New York are ready to help. We know how to investigate train accidents, identify responsible parties, and fight for full compensation. Whether you were injured on the subway, a commuter train, Amtrak, or a freight line, we will advocate for you every step of the way.

Contact us today for a free, no-obligation consultation. We will review your case, explain your rights, and work tirelessly to help you recover the compensation you deserve. Let us help you focus on your recovery while we focus on protecting your future. We serve clients throughout New York, including Manhattan, Brooklyn, the Bronx, Queens, Staten Island, Long Island, Nassau County, Suffolk County, and Westchester.