Train Accidents in New York

Brian Magnosi | Train Accidents | August 19, 2023

On an average weekday in 2022, over 3 million people rode on New York commuter trains and subways. Pre-pandemic ridership was significantly higher, with nearly 6 million riders per day. Overall, given the number of riders, train and subway accidents are rare, but unfortunately, still occur. Many injuries and deaths happen when people cross the track in front of an oncoming train, miscalculating the distance or time needed to get across. Others happen when people jump or are pushed onto train and subway tracks. A small but not insignificant number of injuries and deaths are the result of driver error, equipment malfunctions, or other preventable hazards. In January 2022, for example, an MTA employee suffered severe injuries after being struck by a train in the Bronx. The employee has filed a notice of claim against the city of New York in anticipation of a lawsuit.

How Are Train Accident Cases Different  From Other Personal Injury Cases?

Accidents involving passenger trains, freight trains, and subway trains are covered by federal and state laws and governed by federal and state agencies. The Federal Transit Administration, for example, administers a safety and oversight process for public transportation systems throughout the country. Injuries to railroad employees are covered by the Federal Employees Liability Act. All claims against the MTA or its employees involving injuries sustained on New York subways must follow a strict procedure in which a notice of claim is filed within 90 days of the accident. The normal statute of limitations covering personal injuries in New York do not apply to claims against local, state, or federal agencies or employees, so it is important to seek legal advice as soon as possible if you believe you have been injured due to the negligence of a conductor or other employee, or due to faulty equipment or poorly maintained facilities.

Investigating a Train Accident

After any train or subway accident, federal and/or state agencies will launch an investigation to discover the cause of the accident. Unfortunately, these investigations take time, and may not be completed before the clock for filing a claim runs out. Injured persons cannot wait for the authorities to complete their investigation – they must be proactive. If you are injured in a train or subway accident, you need an attorney who is familiar with the laws governing public transportation and has the resources to conduct an investigation on your behalf.

How Do I Choose The Right Attorney to Represent Me?

When you or a loved one is injured, you need an attorney who is available when you need them, and who has experience handling personal injury claims. When your injury involves a possible lawsuit against a public transportation authority or employee, make sure you choose an attorney who has specific experience handling claims against the city, state, or federal government. The accident lawyers at Mirman, Markovits & Landau have successfully represented clients against city and state agencies since 1977; you can read about some of our successful settlements and verdicts here. You can reach someone 24 hours a day at 212-227-4000. We never charge you for a consultation, and will only charge a fee if we can obtain a settlement or verdict for you.