If You Have Been Hit by a Train in New York, Here Is What You Need to Know

If you have been injured in or hit by a train, whether you are a pedestrian, a passenger inside the train, or inside your car hit in a railroad crossing, you need to get a lawyer immediately and sue the train operator. Unfortunately, injuries in train collisions are almost always catastrophic.

In New York City, most train operators, such as the MTA (for the subway and the LIRR), the Port Authority (for PATH) and NJ Transit are public corporations. Thus, there is a very short period of time to file your notice of claim, which is 90 days from the time of the accident. If you do not file your claim within this period, your claim may be dismissed. For this reason, it is important to act quickly in getting a lawyer to file your claim.

If you or your loved one have been hit by a train, you need to speak to an attorney right away in order to reconstruct the incident before any evidence gets lost. We at the Law Offices of Albert Goodwin can help. You can give us a call at 212-233-1233 or send us an email at [email protected].

Most lawyers, like us, will accept a personal injury case on a contingency fee, which means that we don't get paid unless you get paid.

Immediate Steps to Take After a Train Accident

If you or a loved one has been involved in a train accident, there are critical steps you should take immediately to protect both your health and legal rights:

• Call emergency services (911) immediately for medical assistance
• Request police presence at the scene
• Document the scene if possible:
• Take photographs of the accident scene
• Record the exact location and time of the accident
• Note any visible safety violations or hazards
• Collect important information:
• Names of responding law enforcement officers
• Incident report numbers from police and other agencies
• Contact information of any witnesses
• Names and agencies of all emergency responders
• Seek immediate medical attention, even if injuries seem minor
• Request and maintain copies of:
• Police reports
• Medical records and bills
• Emergency response reports
• Any official documentation from the scene
• Do not provide statements to:
• Railroad company representatives
• Insurance adjusters
• Anyone other than law enforcement without legal representation
• Contact an experienced train accident attorney immediately

The actions you take immediately after a train accident can significantly impact your ability to receive proper compensation. Do not delay in seeking both medical attention and legal representation.

Causes of Train Accidents

According to the Federal Railroad Administration, train accidents happen because of several reasons:

• Conductor negligence
• Defective or missing crossties
• Switch points worn or broken
• Failure to comply with restricted speeds
• Switches damaged or out of adjustment
• Switches improperly lined
• Failure to control shoving movement
• Failure to apply sufficient hand brakes

Whatever the reason for a train accident, it doesn't happen on its own. It is most likely caused by negligence.

When a train accident happens, the National Transportation Safety Board, the train company, and other state and local authorities will investigate the accident and the potential causes. The defendants you will sue depends on the cause. It could be one of the following parties:

• The train operator or conductor
• The train car or engine manufacturer
• Some property owners
• The railroad company
• The railway maintenance crew
• A government agency

Most accidents are a result of the negligence of multiple parties. For example, if the accident was caused by a combination of defective parts and their improper use by the train operator, aside from the train operator, you can sue the manufacturer.

Elements of Negligence in Train Accidents

If you've been hit by a train, we may be able to prove the elements of negligence, which are as follows:

• The train operator owed you a duty of care
• The train operator breached that duty of care
• The train operator's actions caused you harm
• Because of the train operator's breach, you have suffered physical, emotional, and/or financial injury

There can be negligence by the train operator, railway company, or other parties. This could include factors like:

• Proper functioning of crossing signals/gates
• Train operator compliance with safety protocols
• Track maintenance and safety measures
• Warning signage

Evidence to Prove Your Claim When You Are Hit by a Train

Although the requirements for negligence appear straightforward, each element has to be proven with as much documentary and testimonial evidence as possible. For this reason, a lawyer, like us, can help you gather enough evidence to strengthen your claims. This includes gathering eyewitness accounts and getting copies of investigation reports to determine if the accident was the result of a safety device defect, equipment malfunction, impaired or distracted train operator, or other problem related to negligence.

You will need documentary evidence such as:

• Medical reports regarding your injuries
• Photographs of injuries
• Medical bills and expenses
• A list of all property damage and repair expenses

If you are claiming for lost wages and future lost earning capacity, you need the following:

• Pay stubs
• Bank statements
• Tax returns

You would need those documents to show how much you were earning, as well as a medical report from your doctor stating the time you need to stay home for recovery.

How Much Can I Get if I've Been Hit by a Train?

Sometimes, people underestimate the amount of damages they will sustain by reason of a train accident and settle for a lower amount. We can help you get the right compensation due to you. You must remember that you are entitled to damages, which should include

• Medical expenses
• Lost wages
• Future lost earning capacity
• Property damage
• Physical pain
• Loss of enjoyment in life
• Emotional trauma
• Pain and suffering

Train Operators and Railways in the NYC Area

The main train operators in New York State include:

Passenger Services

• New York City Subway (MTA)
• NJ Transit
• Metro-North Railroad
• Long Island Rail Road (LIRR)
• Amtrak

Freight and Regional

• CSX Transportation
• Norfolk Southern
• Canadian Pacific (CP) / Canadian National (CN)
• Regional Lines: New York & Atlantic Railway

Train Operators and Railways in Upstate New York

Freight Railways

• Pan Am Southern
• Finger Lakes Railway
• Mohawk, Adirondack & Northern Railroad
• Buffalo & Pittsburgh Railroad
• New York, Susquehanna & Western Railway
• Rochester & Southern Railroad
• Livonia, Avon & Lakeville Railroad
• Depew, Lancaster & Western

Passenger Service

• Amtrak Empire Service
• Amtrak Maple Leaf
• Amtrak Lake Shore Limited
• Amtrak Adirondack
• Amtrak Ethan Allen Express

Tourist/Scenic Railways

• Adirondack Scenic Railroad
• Arcade & Attica Railroad
• Medina Railroad Museum
• Delaware & Ulster Railroad

An attorney, like us, can help you file the notice of claim immediately in order for your claim not to lapse. You have a limited amount of time to file your claim.

If you've been hit by a train and need assistance, we at the Law Offices of Albert Goodwin can help. We have offices in New York City, Brooklyn, NY and Queens, NY. We cover Manhattan, Brooklyn, Bronx, Queens, Staten Island and Long Island. You can give us a call at 212-233-1233 or send us an email at [email protected].