New York Train Accident Lawyer

Trains remain a vital part of New York’s transportation system, carrying millions of passengers and tons of freight every year across the state. From Amtrak routes connecting New York City to other regions to commuter systems like the Long Island Rail Road (LIRR) and Metro-North, rail travel is fast and convenient. Despite many safety precautions required by state and federal law, accidents do happen with devastating consequences. A single derailment, collision, or signal failure can cause catastrophic injuries or death to passengers, employees, and bystanders, leaving victims and their families

If you are someone you love has been seriously injured in a train accident in New York, contact Stephen Bilkis & Associates. Our experienced New York train accident lawyers help injured victims and their families navigate the aftermath of serious train accidents. We understand the legal intricacies of pursuing claims involving state and federal transportation authorities, private rail operators, and manufacturers of defective rail equipment. If you or a loved one has been injured in a train accident, it is important to act quickly to protect your rights.

Why Are Train Accident Claims in New York Different?

Train accident claims in New York are different because they are generally more complex than ordinary motor vehicle accidents. Depending on where and how the accident occurred, claims may involve both state and federal law, as well as multiple public and private defendants.

When a commuter line such as LIRR or Metro-North is involved, claims against the Metropolitan Transportation Authority (MTA) or one of its subsidiaries must comply with special procedures under New York General Municipal Law § 50-e. This law requires injured parties to file a formal Notice of Claim within 90 days of the accident. Missing this deadline can permanently bar recovery, no matter how strong the claim.

In accidents involving Amtrak or freight companies, federal law governs many aspects of the case, including safety standards, investigation protocols, and claims for negligence. The Federal Railroad Administration (FRA) and the National Transportation Safety Board (NTSB) often conduct investigations, and their reports can play a significant role in determining liability.

Railroad employees are protected under the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51 et seq. Unlike most workers, railroad employees generally cannot receive workers’ compensation. Instead, FELA allows them to sue their employer directly for negligence. To recover under FELA, an employee must show that the railroad failed to provide a reasonably safe workplace and that this failure contributed in whole or in part to the injury.

The overlapping state and federal regulations, along with strict procedural requirements, make these claims legally challenging. Working with an experienced New York train accident lawyer helps ensure that all deadlines are met and that your rights are protected throughout the process.

What Are Common Causes of Train Accidents in New York?

Common causes of train accidents in New York include issues relatedto negligence, mechanical failure, and unsafe infrastructure. Our investigations often focus on identifying which combination of human error, equipment malfunction, or structural issue led to the crash.

• Operator Error: Fatigue, distraction, or impairment can cause a conductor or engineer to miss signals or operate at unsafe speeds. When representing victims of train accidents in New York, one of the first things we do is review duty logs, drug and alcohol testing results, and operator training records.
• Signal or Communication Failures: Malfunctioning or outdated signal systems can cause collisions or derailments. We obtain signal data and maintenance logs to determine whether the railroad failed to properly maintain safety systems.
• Track Defects and Poor Maintenance: Broken rails, loose fasteners, and debris on the tracks can lead to derailments. We retain engineering experts to inspect the tracks and compare conditions to FRA maintenance standards.
• Equipment Malfunction: Mechanical failure in brakes, couplers, or wheels can lead to catastrophic crashes. We review inspection reports and manufacturer recalls to identify possible product defects.
• Excessive Speed: Trains that exceed designated speed limits are more likely to derail. We analyze data recorders and GPS logs to verify speed and braking activity.
• Negligent Crossing Maintenance: Many accidents occur at railroad crossings when gates or lights malfunction or are poorly maintained. We thoroughly examine maintenance records, prior complaints, and whether the railroad provided adequate warning devices.
• Grade-Crossing Failures and Design Hazards: Many New York corridors still include at-grade crossings where roadways and rail lines intersect. Collisions can occur when gates, lights, or audible warnings malfunction, when sightlines are obstructed, or when the crossing layout confuses drivers. Accidents also increase when train speeds and traffic frequency rise. Our team obtains diagnostic records, event recorder data, and prior complaint histories to determine whether additional safety measures such as four-quadrant gates or crossing closures were warranted.
• Trespass and Informal Footpaths Near Tracks: In dense urban areas and small towns, residents often create informal shortcuts across tracks. If fencing, signage, or access control is missing in an area with known foot traffic, dangerous conditions can persist. We document the corridor, map informal “desire paths,” and analyze whether the railroad or local government knew about the risk and failed to act.
• Concurrent Train Movements on Adjacent Tracks: People sometimes focus on one oncoming train and fail to perceive a second train approaching on another track. We review signal data, horn and bell usage, and crossing timing to determine if the railroad provided adequate warnings for two-track operations.
• Bridge or Structural Collapse: Structural failures can cause derailments and multiple fatalities. We consult with structural engineers and review inspection histories to determine whether responsible entities ignored warning signs.
• Inadequate Training or Staffing: Inexperienced or overworked employees increase the risk of accidents. We review the railroad’s hiring and supervision practices to evaluate whether safety policies were violated.

Each case begins with a detailed, independent investigation. Our firm works with accident reconstruction experts, safety engineers, and medical professionals to build a strong claim for compensation for every client.

What Should You Do After a Train Accident?

After a train accident, victims should take immediate steps to protect both their health and their right to recover compensation:

1. Get Medical Attention: Even if you feel fine, seek immediate medical evaluation. Some injuries, such as head trauma or internal bleeding, may not be apparent right away.
2. Report the Incident: Notify police, railroad personnel, or emergency responders. Ask that an official accident report be created.
3. Document the Scene: Take photos of the accident site, damaged property, and visible injuries if you can safely do so.
4. Obtain Witness Information: Collect contact details from other passengers or bystanders who saw the incident.
5. Preserve Evidence: Keep all tickets, receipts, clothing, and any correspondence from the railroad or insurer.
6. Avoid Signing Documents: Do not sign releases or provide recorded statements to railroad representatives before consulting a lawyer.
7. Quickly Contact an Experienced Train Accident Lawyer in New York: Strict filing deadlines may apply, especially if a public authority like the MTA is involved.

How Do You File a Train Accident Claim?

To file a train accident claim, it is important to understand that the process depends on the entity involved:

• Claims Against the MTA, LIRR, or Metro-North: You must file a Notice of Claim under General Municipal Law § 50-e within 90 days of the accident. Afterward, the railroad may require you to appear for a § 50-h hearing, where you must answer questions under oath about the accident. The lawsuit must then be filed within one year and 90 days under General Municipal Law § 50-i and Public Authorities Law §§ 1265 and 1276.
• Claims Against Amtrak or Private Freight Railroads: Amtrak and private freight companies are not governed by the same municipal notice requirements but may have their own internal claim filing procedures. Federal law applies, and claims are typically filed in federal court under negligence or product liability theories.
• FELA Claims for Railroad Employees: Injured railroad workers may bring claims under the Federal Employers’ Liability Act (FELA). There is a three-year statute of limitations, and the standard of proof is more favorable than ordinary negligence claims. A worker only needs to show that the employer’s negligence played some role in the injury.

Failure to follow the proper filing procedures or meet these deadlines can result in dismissal. Our experienced train accident lawyers in New York ensure that every requirement is satisfied and that the case is properly preserved from the start.

How Do Infrastructure and Safety Programs Affect Your Claim?

Infrastructure and safety programs affect your claim because engineering choices can be just as significant as operator conduct. When train speeds or traffic volumes increase, railroads and public agencies must reassess risks at crossings and along pedestrian access points. In our cases, we request FRA and NTSB reports, signal timing charts, event recorder data, crossing inventories, and internal safety studies. We compare site conditions with feasible safety measures such as fencing, four-quadrant gates, pedestrian gates, improved lighting, and crossing closures. Demonstrating that practical measures were available but not implemented can strengthen a negligence claim.

Who Can Be Liable in a Train Accident?

Several parties can be liable in a train accident. Depending on the circumstances, responsibility may be shared among multiple entities:

• Railroad Companies: The operator may be liable for negligent maintenance, poor training, or failure to enforce safety procedures.
• Equipment Manufacturers: Defective brakes, couplers, or signal systems may give rise to product liability claims.
• Maintenance Contractors: Companies responsible for maintaining tracks, signals, or stations may be liable if they performed negligent work.
• Government Entities: For commuter lines operated by the MTA, liability may extend to public authorities for negligent oversight. For example, in Matter of Metro-North Train Accident of February 3, 2015, 2019 N.Y. Slip Op. 09006 (App. Div. 2d Dep’t, Dec. 18, 2019), a Metro-North train operated by the MTA collided with an SUV at the Commerce Street crossing in Mount Pleasant, resulting in six deaths and numerous serious injuries. Lawsuits filed against Metro-North and the MTA, both government entities, alleged negligent oversight and unsafe crossing conditions. The agencies ultimately paid $60 million to settle claims brought by victims and their families.
• Public Entities Responsible for Crossings and Roadway Approaches: Liability can also extend to municipalities or state agencies that control roadway approaches, signage, and sightlines near crossings. We analyze whether these agencies coordinated with railroads to correct known hazards.
• Property Owners Adjacent to the Right-of-Way: In some cases, adjacent owners or contractors create unsafe conditions by removing fencing or channeling pedestrian traffic toward tracks. We evaluate their contribution to the risk.
• Third-Party Motorists or Pedestrians: Collisions at crossings often involve negligent drivers or pedestrians who ignored warning signs.

Thorough investigation helps identify all responsible parties and ensures that each is held accountable. An experienced train accident lawyer in New York has the knowledge and resources to investigate the accident thoroughly and help ensure that every liable party is held responsible.

What Compensation Is Available for Train Accident Victims?

Compensation available for train accident victims may include both economic and non-economic damages. When we represent clients injured in train accidents, we pursue recovery for the full range of losses, including:

• Medical Expenses: Victims may be compensated for the full cost of medical treatment, including emergency care, hospital stays, surgeries, medications, rehabilitation, and ongoing therapy. If future treatment is expected, we work with medical experts to estimate those costs and include them in the claim.
• Lost Income: Compensation may cover wages lost during recovery as well as reduced earning capacity if the injury affects a person’s ability to work in the future. We always collect the victim’s employment and financial records to support this portion of the claim.
• Pain and Suffering: Victims are entitled to damages for the physical pain and emotional distress caused by the accident. This includes anxiety, depression, trauma, and reduced quality of life related to the incident.
• Permanent Disability or Disfigurement: Compensation may be awarded for lasting physical limitations, amputations, or visible scarring that affect daily living or employment. These injuries often require long-term medical care and lifestyle adjustments.
• Loss of Enjoyment of Life: Victims who can no longer participate in activities or hobbies they once enjoyed may recover damages for this loss. This category also accounts for the impact on family life, recreation, and personal independence.
• Wrongful Death Damages: When a train accident results in death, surviving family members may seek compensation for funeral expenses, loss of financial support, and emotional suffering. These claims are filed under New York’s wrongful death statute.
• Future Safety and Accessibility Costs: Some victims may develop anxiety about train travel or require home modifications to accommodate permanent injuries. We include these long-term safety and accessibility expenses as part of the damages calculation.

Can You Recover Compensation If You Were Partly at Fault?

Under New York’s pure comparative negligence rule (CPLR § 1411), you can recover compensation if you were partly at fault. However, your recovery is reduced by your percentage of fault but not eliminated. For example, if a jury finds you 25% responsible for your injuries, your total damages are reduced by that amount.

Railroads often argue that a pedestrian trespassed or a driver went around a lowered gate. Under New York’s comparative negligence standard, a jury may still assign fault to the railroad or responsible agencies if design, signage, or sightline issues contributed to the incident. Our experienced New York train accident attorneys serving New York work to demonstrate how environmental and engineering factors increased danger and to minimize any share of fault assigned to our clients.

What Injuries Are Common in Train Accidents?

Common injuries in train accidents include severe, life-changing harm caused by the immense size, weight, and speed of trains. The force of impact often leads to multiple types of trauma affecting nearly every part of the body.

• Traumatic Brain Injuries (TBI): The violent movement of a collision or derailment can cause the head to strike hard surfaces, leading to concussions or brain damage. Even minor head injuries may result in long-term memory loss, dizziness, or cognitive difficulties. In Baselice v. Long Island Rail Road, 2023 NY Slip Op 23178 (Sup. Ct., Queens County 2023), a Long Island Rail Road passenger suffered severe neurological injuries—including traumatic brain injury, dizziness, vertigo, and post-traumatic stress disorder—after a 2016 train derailment in Nassau County. Nearly four years later, she died in a car crash that her husband alleged was caused by a neurological event stemming from those injuries. The court agreed that her traumatic brain injury and related conditions could have contributed to her fatal accident, allowing her husband to amend the lawsuit to include a wrongful death claim.
• Spinal Cord Injuries and Paralysis: Sudden impact or crushing forces can damage the vertebrae or spinal cord, resulting in partial or total paralysis. These injuries often require lifelong medical care and rehabilitation.
• Multiple Fractures and Broken Bones: Train passengers or pedestrians struck by a train often experience broken arms, legs, ribs, or hips due to the extreme force involved. Fractures can take months to heal and may lead to permanent mobility limitations.
• Crush Injuries and Amputations: The weight of a train or collapsing metal can trap or crush limbs. In severe cases, victims may require surgical amputation or prosthetic limbs to regain function.
• Burns and Electrical Injuries: Fires or electrical malfunctions during a derailment can cause serious burns. Victims may suffer from tissue damage, scarring, and infections that require extensive reconstructive surgery.
• Internal Bleeding and Organ Damage: The intense pressure and blunt force from a train accident can damage internal organs and cause life-threatening internal bleeding. These injuries are often not immediately visible and require emergency treatment.
• Psychological Trauma and Post-Traumatic Stress Disorder (PTSD): Survivors frequently experience lasting emotional effects such as anxiety, depression, or nightmares. Many victims develop a fear of travel or recurring flashbacks related to the incident.

These injuries often require long-term medical care, impact a person’s ability to work, and cause significant emotional strain.

Frequently Asked Questions (FAQs)

Q: What Evidence Matters Most in a Crossing Case?

A: Locomotive event recorder data, horn and bell logs, signal and gate timing reports, maintenance and diagnostic records, roadway design files, and any available camera footage. Quick preservation is essential because data may be overwritten.

Q: Does Fencing Matter in a Trespass Injury?

A: Yes. If an area shows ongoing pedestrian activity and the railroad or municipality failed to install fencing or warning signs, that omission can support a claim of negligence.

Q: What if My Loved One Was Killed in a Train Accident?

A: Family members can file a wrongful death claim seeking damages for lost income, medical bills, funeral costs, and loss of companionship. In Baselice, the court allowed a widower to add a wrongful death claim after his wife died years following a 2016 train derailment. The victim, a passenger on the Long Island Rail Road, had suffered a traumatic brain injury and post-traumatic stress disorder. Medical evidence linked her later fatal car accident to the neurological effects of the derailment, leading the court to rule that her death could legally be connected to the earlier train accident.

New York Train Accident Verdicts and Settlements

• $3 Million Settlement in Valhalla Fatal Metro-North Crash: The Town of Mount Pleasant agreed to pay more than $3 million to settle a lawsuit related to the 2015 Valhalla crash, where a Metro-North train collided with an SUV at the Commerce Street crossing. The collision killed the SUV’s driver and five train passengers. Plaintiffs alleged that the town’s negligent roadway design and inadequate safety measures at the intersection contributed to the tragedy.
• $450,000 Settlement for a Police Officer Injured in the 2013 Metro-North Derailment: A police officer commuting to work suffered serious physical injuries and post-traumatic stress disorder when a Metro-North train derailed in the Bronx. He later received a $450,000 settlement for his injuries.
• $20 Million Settlement for a 23-Year-Old Tourist Injured in 2020 PATH Train Accident: Visaya Hoffie, a 23-year-old visitor from Australia, suffered catastrophic injuries when she fell onto the tracks at the 14th Street PATH Station in January 2020. The incident resulted in a below-the-knee amputation of one leg and a partial amputation of the other. Her lawsuit alleged that train operators and a private security company failed to respond in time to prevent the accident, leading to a $20 million settlement.

Contact Stephen Bilkis & Associates

If you or a loved one has been injured in a train accident anywhere in New York, contact an experienced train accident attorney serving New York at Stephen Bilkis & Associates for legal guidance. You have limited time to protect your right to compensation, especially when public authorities are involved. Named a top-rated law firm by Justia.com and a New York Accident and Injury Top Attorney by TopAttorney.com, our experienced New York train accident lawyers handle claims arising from Amtrak, LIRR, Metro-North, and freight rail incidents.

Call us at 800.696.9529 to schedule a free, no-obligation consultation. We represent clients throughout New York City, Long Island, Westchester County, and surrounding areas, including the Bronx, Brooklyn, Manhattan, Queens, Staten Island, Nassau County, and Suffolk County.