Subways, commuter rails, Amtrak, and commercial freight lines move millions of people and cargo through the state of New York every day. While train accidents are rare, when they do happen, the consequences can be catastrophic, even fatal. If you or a loved one has been injured in a train or railroad crossing accident, you may be entitled to compensation. Determining who’s responsible and the amount of compensation you are entitled to, however, can be difficult. Our team of seasoned New York train accident lawyers can help you understand your options, gather evidence, and pursue a claim.
Call 1-800-NOW-HURT for a free consultation with Buttafuoco & Associates.
Types of Train Accidents
There are several types of train accidents, and they can and do happen on railways throughout the state. The Metropolitan Transportation Authority (MTA), which runs the majority of the trains and subways in and around New York City, including the Long Island Rail Road, Metro-North, and Staten Island Railway, saw a train derailment that caused significant injuries in 2024. Incidents have also occurred in recent years on Amtrak lines and commercial freight rails.
The most common types of train accidents include:
- Train and Car Collisions: These happen most often at railroad crossings.
- Pedestrian accidents: These often occur near tracks or on platforms for passenger trains, including subway stations.
- Derailments: This is when a train comes off its tracks, and can lead to catastrophic crashes.
- Train-on-train collisions: These occur due to signaling errors, miscommunication, or failure to follow proper safety and scheduling procedures.
What Causes Train Accidents?
Train accidents can occur due to mechanical errors, operator negligence, or third-party negligence. Each crash will be unique, but here are some scenarios that could be considered negligence in a train derailment accident:
- Mechanical Error: The train’s braking system and speed controls failed, allowing the train to take a curve at high speed and derail.
- Operator Negligence: The train conductor falls asleep at the controls, failing to adjust speed, allowing the train to approach a curve at high speed and derail.
- Third-party Negligence: A contractor hired to repair a portion of the tracks leaves debris on the finished site which causes the train to derail.
As you can see, there are several factors that can play into the cause of a railroad accident. A seasoned train accident attorney serving New York will be able to evaluate the details of your case to determine the cause, as well as who is liable for your damages.
Who is Liable for a Train Accident?
In the examples above, liability varies widely: a manufacturer of faulty brakes, a negligent operator, and the rail company that failed to properly train its crew are all potentially responsible, depending on the circumstances.
Liability depends on the unique facts of your case. If a driver tried to beat the train and got hit, for example, the driver may be entirely at fault. However, the accident occurred because a railroad crossing signal failed or the track was in disrepair, the train operator or the rail company may be liable for negligent maintenance.
In many cases, there may even be multiple liable parties, which can become complicated. An experienced train accident attorney in New York can determine who is at fault and hold them accountable. Establishing liability starts with identifying owners and operators of the train and tracks involved. Then, an attorney looks for evidence of negligence, such as failing to maintain equipment, ignoring safety protocols, or operating under the influence.
If your attorney can prove negligence caused your injuries, you may be eligible for compensation. But be aware: New York follows comparative negligence laws. That means if you’re found partially at fault (such as if you were driving recklessly or under the influence of drugs or alcohol), your compensation may be reduced.
Also note that if your claim involves a government-owned service like the MTA, you must file a notice of intent within 90 days of the accident. Missing this deadline could bar you from seeking damages.
Train Accident Injuries and Damages
Train and railroad accidents can cause many types of severe or even fatal injuries, and survivors of train accidents are often left with permanent disabilities. Some common injuries include:
- Broken bones
- Traumatic amputations
- Lacerations
- Head injury
- Spinal cord injury
- Blunt force trauma
How Buttafuoco & Associates can help you
If an attorney can prove your injuries were the result of another party’s negligence, you may be entitled to compensation for:
- Lost wages
- Lost earning capacity
- Medical expenses
- Permanent disability and medical needs
- Loss of enjoyment of life
- Loss of consortium
- Funeral expenses in the event of a wrongful death
After a train accident, you need to focus on recovering. The Buttafuoco & Associates legal team can handle the accident investigation, secure expert testimony to build your case, and negotiate on your behalf. Train accidents can be devastating, but we have the expertise and resources to get your life back on the right track.
Call 1-800-NOW-HURT for a free consultation with a New York train accident attorney.