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Brooklyn Train Accidents

Train Injury Lawyers for New York & 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 (NYTCA), 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 lawyers at The Law Offices of David J. Hernandez & Associates handle 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 lawyers are very knowledgeable in this body of law and are 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 other 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.

Lawyers 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 NYTCA, 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 718-509-6816 or contact us online today for a free consultation with one of our experienced train accident attorneys who will explain your rights and options.

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