New York Train Accidents

Brooklyn Train Injury Lawyer For New York And New Jersey

Train travel overall is much safer than traveling by car, and trains are an important method of travel throughout New York and New Jersey. New York has several passenger train systems including the New York City Transit Authority (NYCTA), Metro-North Commuter Railroad, Long Island Railroad and Amtrak and together, these carriers serve millions of passengers a day.

Because our streets are so congested in the NYC area, taking the subway in Brooklyn, Manhattan, The Bronx, and Queens is usually a great transportation option. The New York City subway system, which is operated by the New York City Transit Authority (NYCTA) under the Metropolitan Transportation Authority (MTA) transported over 5.4 million people on the average weekday in 2018. MTA New York City Transit is the largest public transportation agency in the United States and is among the largest in the world and the NYCTA operates over 6,200 subway cars and over 460 subway stations.

The train accident lawyer at the Law Offices of David J. Hernandez & Associates handles a variety of train accident cases, including those involving:

Metropolitan Transportation Authority (MTA) accidents
Long Island Railroad (LIRR) accidents
New Jersey Transit (NJT) accidents
New Jersey Rail and Port Authority accidents
PATH (Port Authority Trans-Hudson) train accidents
Amtrak accidents
Passenger train accidents
Freight train accidents
Subway accidents

Types Of Train Accidents

Most transportation law pertaining to train accidents is found in Title 49 of the United States Code. Our lawyer is very knowledgeable in this body of law and is very familiar with the various regulatory agencies involved. We handle a number of different kinds of train accidents, including:

Derailments
Collisions between two trains
Collisions between a train and a motor vehicle
Collisions at a railroad crossing
Falls
Sudden stops
Defective warning systems such as defective signals or gates
Debris on the tracks
Negligent operation, such as failure to sound the horn or use lights when approaching a crossing

Who Is Liable For A Train Accident?

Train accidents can be very complicated to sort through. Multiple parties could be at fault, and train operators must follow a number of rules, laws and industry regulations. A train accident could involve just one person, such as when someone falls off of the train platform and is injured, or it could involve hundreds of people, such as when a passenger train derails.

Depending on the cause and the circumstances surrounding the accident, the liable party in a train accident could be:

The operator of the train
Train workers
Maintenance staff responsible for the upkeep of the train
The train company
The manufacturer of the train or of the train components

Common Causes Of Train Wrecks

Train collisions and derailments can happen for many reasons. Railroad safety investigations commonly find that derailments, train wrecks and other rail accidents are caused by train operator negligence or error, code violations, and poor rail maintenance. According to the Federal Railroad Administration, the most common causes of train accidents include:

Speeding, improper braking or another operational failure
Train operator was distracted, fatigued or intoxicated
Malfunction in the computerized signal systems
Faulty crossing gates, lights and alarms
Inadequate track maintenance
Inadequate railroad crew training

90 Days To File A Train Accident Claim Against Government Entities Such As NYCTA, New York And New Jersey Transit

While the statute of limitations to file personal injury lawsuits in New York and New Jersey can be longer, for public transportation accident cases, the limits are much shorter. If the liable party is a government agency such as the New York City Transit Authority or New Jersey Transit, you must take action right away and file a Notice of Claim within 90 days of the accident.

Lawyer Serving Brooklyn, The Bronx, Manhattan, Queens, Staten Island, New York And New Jersey

If you or a loved one has been injured in a train accident in New York or New Jersey, please remember that you have limited time in which to file a claim and bring a lawsuit against the responsible parties. At the Law Offices of David J. Hernandez & Associates, we have had years of success dealing with the NYCTA, NJT and other government agencies on behalf of our clients and will fight for you to receive the compensation you deserve for your injuries and loss. We accept all personal injury cases, including all kinds of train accident cases on a contingency basis, meaning that you pay no attorney fees unless we recover money for you. Give us a call at 347-318-4935 or contact us online today for a free consultation with an experienced train accident attorney who will explain your rights and options.