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Train Accidents

Train accidents are certainly not as common as auto crashes, but when they do occur, they tend to be devastating with multiple people injured. These accidents are also more common than many people realize. After your accident, you should not be forced to fight an uncaring insurance company and navigate complex rules and procedures for fair compensation.

For over 30 years, Goidel & Siegel Injury Lawyers has fought for the rights of train accident victims and their families. Our multilingual New York trial lawyers are ready to give you the legal representation you deserve.

How Common Are NYC Train Accidents?

About 5.6 million people ride the New York City Subway every day. In 2020, the MTA reported 169 collisions between people and trains despite a 75% decline in daily ridership due to the COVID-19 pandemic. 62 people were still killed on train tracks in NYC in 2019 alone.

Train accidents do not always involve the MTA; they may also involve Amtrak accidents. There are nearly 150 people killed in Amtrak accidents every year across the country. One of the most recent high-profile Amtrak accidents involved a train derailing on its way to New York.

In addition to these serious accidents, thousands more are injured in train accidents involving slip and falls and other accidents.

What Causes Train Accidents in New York?

Train accidents rarely make headlines unless they involve a serious derailment, but accidents can come in many forms. Goidel & Siegel represents injury victims in all types of train accidents:

  • Train derailments when trains leave the rail tracks.
  • Collisions between trains, a very rare type of crash.
  • Pedestrians struck by trains. These accidents usually happen when pedestrians are walking along tracks, trying to cross while a train approaches, or even fall onto the tracks at a station.
  • Vehicles struck by trains. These crashes usually occur when a vehicle is stopped on the train tracks or attempting to cross as a train approaches. Sometimes these accidents are caused by malfunctioning railroad crossing gates and signals that do not give warning to motorists or do not lower.
  • Slip and fall accidents on a train or at a station.

Many parties may ultimately be at fault for a train accident. Some of the most common underlying causes of accidents are:

  • Error by the train operator
  • Malfunctioning crossing guards and warning lights
  • Defective or improperly maintained tracks
  • Objects on the rail tracks
  • Defective train parts or mechanical failure
  • Inadequate training of train operators
  • Excessive speed
  • Inadequate lookout by pedestrians or motorists
  • Distraction while crossing train tracks
  • Motorist or pedestrian error in judgment
Recovering Compensation After a New York Train Accident

Recovering Compensation After a New York Train Accident

To recover the compensation you deserve after a train accident, it’s crucial to take action quickly. If you have a claim against the Metropolitan Transportation Authority (MTA) or New York City Transit Authority (NYCTA), you must file a Notice of Claim within 90 days. The agency has 30 days to request a hearing and begin negotiations. If you do not receive a satisfactory result, you have one year plus the 90 days from the date of the accident to file an injury lawsuit.

If you have a claim against Amtrak as a passenger, you can no longer sue thanks to Amtrak’s recent mandatory arbitration agreement. This means injured passengers must make claims through a single arbitrator, not a jury or judge.

Your case must prove the train operator, MTA/NYCTA, or Amtrak was negligent and their negligence caused your accident. Your New York personal injury lawyer will help you build a strong negligence case based on evidence and expert testimony. If your case is successful, you are entitled to seek compensatory damages for your economic and non-financial damages. However, in the case of Amtrak, damages are capped at $295 million under the Amtrak Reform and Accountability Act. This cap applies to all damages from a single accident for all claimants, no matter how many people are hurt and the severity of their injuries.

Recovering Compensation After a New York Train Accident

Schedule a Free Consultation with a New York City Train Accident Lawyer

After a serious train accident, you deserve sound legal representation to fight back against a well-funded insurance company and the legal resources of the MTA or Amtrak. Goidel & Siegel Injury Lawyers will put more than 30 years of legal insight to work on your behalf. Our multilingual New York trial lawyers have extensive courtroom experience which gives us an edge during negotiations.

Contact our law office today to schedule a free case review to discuss how we can help you. We will meet with you at our office, during a virtual consultation, or anywhere else you are comfortable.

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