Brooklyn Train Accident Lawyers

Injured In An Accident?

 

Call Rosenberg & Rodriguez, PLLC
(718) 509-4960

Train Accident Lawyers Brooklyn Residents Trust

Navigating New York City by train is a ubiquitous form of transportation, yet this mode comes with the inherent risk of accidents due to road intersections. With both cars and trains competing for space at these junctures, there’s a greater probability that deadly collisions will occur—putting unsuspecting travelers using trains in danger.

When you or a loved one suffers an injury due to someone’s negligence in train-related accidents, quick action is key. To make sure you get the rightful compensation that you are entitled to, it is best to seek legal representation as soon as possible from the experienced Brooklyn train accident lawyers at Rosenberg & Rodriguez. If you’re struggling with the repercussions of a traumatic injury, or enduring something that was entirely out of your control, we want to help. Our firm is composed of dedicated and reliable personal injury attorneys in Brooklyn who specialize in dealing with train accident cases. Our Brooklyn train accident attorneys are knowledgeable on:

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

Top Causes Of Train Accidents In New York City

Every year, dozens of people tragically lose their lives in train accidents within the city limits of New York City. Additionally, many hundreds more are affected by severe injuries that will have life-altering implications both short and long-term. You may be wondering why these avoidable mishaps continue to occur; so what really leads to these heartbreaking incidents? The truth is there can be numerous contributing factors when it comes to subway and train accidents in NYC such as:

Human Error

Human error can take many forms, from the mistakes of an inexperienced or inattentive conductor to those of a veteran who is simply fatigued. Staff members working for extended hours are more likely to make errors due to exhaustion, potentially putting themselves and their passengers at risk by not operating trains safely and effectively.

Negligence

Neglect is a multifaceted concept. If an operator, company, maintainer, or any other person acts carelessly or dangerously in relation to trains and their operations, the consequences can be devastating. As an example; if a train maintenance technician fails to secure one of the wheels properly and it comes off during operation leading to a crash – this would most likely fall under negligence on behalf of both the worker as well as his employer that provided oversight for such matters.

To determine whether someone or an organization’s negligence caused a train accident, promptly consult a seasoned Brooklyn train accident lawyer as soon as possible. Doing so will arm you with the insight needed to make informed decisions regarding the next steps in pursuit of justice for yourself.

Mechanical Failure

Unexpected accidents can transpire without any fault of a person; for example, mechanical failure. Let’s say the rail crossing guard failed to warn arriving vehicles that there was an oncoming train and as such, neither lights nor arm came down allowing cars right onto the tracks directly in front of it. Such scenarios are devastating yet sadly not uncommon occurrences.

Without all of its components functioning correctly, trains can become dangerous and possibly cause accidents that result in serious injury or death. When tragedy strikes, it’s essential to consult with an experienced train accident attorney in Brooklyn who will evaluate the possibility of a mechanical malfunction as well as whether any liable parties such as manufacturers or maintenance technicians may be responsible for negligence.

Defective Tracks

With our country’s aging railroad system, tracks are persistently being repaired and renewed. Despite the fact that this process is a slow one and there can be many risks when it comes to railroads – like damaged tracks caused by time or debris from trees blocking the way of trains. Therefore, conductors must stay vigilant for any potential dangers on their journey while maintenance teams should keep all lines clear of trash in order to prevent derailment.

Speeding

Similar to car accidents, trains are also prone to accidents due to speeding. But unlike motor vehicles, they have specific speed limits that must be followed while traversing the track; since these locomotives are of immense size and heft, if they take a bend too quickly then derailment is likely. That’s why speed control is extremely important, especially around turns and in populated areas. Tragically, when trains derail, they can bring in their wake horrifying injury and death to both passengers and those unfortunate enough to be on the train’s path. An educated Brooklyn train accident lawyer has the expertise needed for a thorough investigation of your accident, including whether speeding was a factor.

Rosenberg & Rodriguez Personal Injury Lawyers

Liable Parties In Train Accident Cases

Rosenberg & Rodriguez will fight to make sure that everyone accountable for your train accident and injuries is held responsible according to New York state law. This may include any entity who was in some way negligent or contributed to the cause of your accident. Potential liable parties in train accidents include:

  • Train operators
  • Train companies and employers
  • Transit companies, including Amtrak, NJ Transit, LIRR, and MTA
  • Companies responsible for manufacturing and/or selling defective trains or equipment
  • Other negligent third parties, including motorists, pedestrians, and bicyclists
  • Government agencies responsible for oversight and track maintenance

Our specialized team of investigators will work diligently to uncover the facts and circumstances surrounding your train accident. We have one mission in mind: securing justice for you! Our objective is to identify who should be held accountable and then vigorously pursue compensation on your behalf. Don’t wait, contact our Brooklyn train accident lawyers now so we can get started with a free case evaluation today.

Proving Negligence After A Train Accident In Brooklyn, NY

After suffering an injury from a New York City train or subway accident, you might have grounds to sue the Metropolitan Transportation Authority (MTA) or New York City Transit Authority (NYCTA). In accordance with state law, these common carriers are responsible for providing passengers with additional safety protections. If they fail in their duty to ensure passenger wellbeing, and it leads to a person getting hurt, then they can be held liable.

To receive reparation for your train accident, you must demonstrate that the NYCTA did not supply a secure setting or showed proper caution to prevent the event. The MTA/NYCTA can be held responsible if it is found that they neglected to keep their stations, trains, and tracks in suitable condition; furthermore, negligence of an operator could also mean liability on their part.

At Rosenberg & Rodriguez, we are dedicated to meticulously analyzing every aspect of your accident in order to construct a strong negligence claim. This may include collecting testimonies from NYCTA/MTA employees and witnesses, as well as utilizing photographs and recordings taken by other passengers or surveillance footage. We will also review existing MTA and NTSB investigations while collaborating with specialists who can aid us in strengthening your case further.

New York Train Accident Statistics [Updated 2022]

In recent years, we have witnessed all kinds of train accidents here in New York. The most frequent accident involve trains crashing into motor vehicles at intersections and people getting struck by the railway as they get too close to it. We’ve been determined to fight for justice on behalf of those affected by these calamities.

In 2019, the Federal Railroad Administration reported a staggering 5,000 railway incidents within U.S. borders – among which 500 originated in New York alone. Tragically, 10% of these mishaps resulted in fatalities while many others saw victims suffer from life-altering injuries; the majority were caused by derailments but also due to human error, yard accidents, and collisions.

How Common Are Train Accidents in New York City?

Even though train accidents occur much less frequently than automobile collisions, they still happen more often than many people may think. Annually, there are almost 2,000 such accidents across the nation resulting in hundreds of injuries.

With an impressive 5.6 million daily riders on weekdays, the New York City Subway operated by the New York City Transit Authority stands as a testament to its accolade of being the world’s largest rapid transit system. Though largely safe in comparison to other forms of mass transit, subway systems, unfortunately, possess one of the highest fatality rates globally.

Between 1990 and 2003, 668 lives were sadly taken due to subway-related deaths in New York City. Of these cases, over 50% were suicides while 47% occurred as accidents. More recently, 94 train accidents happened in 2018 across the state of New York, followed by another 50 occurring two years later. Then despite fewer riders on NYC trains during the pandemic’s peak period – with a 75% drop in daily passengers – 62 people still lost their lives on tracks last year alone.

In 2017, Amtrak experienced another major train derailment when a locomotive carrying passengers to New York City careened off the tracks on a bend. Although NYC’s subway and NYCTA tend to be involved in most train mishaps or injuries across the city, other operators are present as well — namely Amtrak. Shockingly, over 150 lives are lost annually due to Amtrak-related incidents. Typically the fatalities aren’t passengers aboard the train but rather pedestrians on or near the tracks, those who jump or fall onto them, and even drivers at railroad crossings struck by a passing train.

Frequently Asked Questions

What’s The Average Settlement For A Train Accident In Brooklyn?

Trying to estimate the worth of your personal injury case without a thorough examination is akin to trying to open a lock with no key, it’s simply not possible. The actual value of your situation depends upon multiple factors, including but not limited to the severity and long-term effect of your injuries; this will be discussed in detail by an experienced Brooklyn train accident lawyer at Rosenberg & Rodriguez during your free consultation. Without question, if you want accurate information about how much compensation you may receive for your struggle then contact our offices today.

Can I Sue A Train Operator For My Injuries?

Operators and their respective companies are obligated to guarantee the safety of their passengers. If an operator is negligent in causing harm or injury, whether it be to pedestrians or other vehicle occupants, they may be held legally accountable for any trauma caused due to careless behavior. In order to effectively litigate these types of cases, a train accident attorney in Brooklyn must possess comprehensive knowledge of the transportation law as established by Title 49 of the United States Code and be well-acquainted with various regulatory agencies that deal with said accidents. As a prime example, incidents involving railroad workers are subject to FELA (Federal Employers Liability Act), while The Federal Transit Administration governs subways and mass transit.

How Long Do I Have To File A Personal Injury Lawsuit After A Train Accident In New York?

If you have been hurt in a train accident within the state of New York and are pursuing compensation, it is essential to be aware of the severe statute of limitations. If your claim involves a government entity such as NYCTA or MTA, then you must file a Notice of Claim within an exceedingly limited 90-day window or else risk forfeiting any potential recompense from that entity. After a Notice of Claim is submitted, the agency has 30 days to request an early hearing and commence talks. If you wish to pursue further legal action due to your accident, then filing a lawsuit must be done within one year plus 90 days from its occurrence. New York’s accepted period for personal injury claim cases against non-governmental entities is three years – so make sure this deadline doesn’t pass.

If I’m An Employee Of The Train Company, Can I Still Sue?

Without a doubt, you are eligible for financial compensation following your train accident in Brooklyn. Due to the injuries incurred while on-the-clock, you may be entitled to workers’ compensation benefits provided by your employer’s insurance policy. While these benefits provide some relief and coverage, they preclude any additional claims of remuneration directed at said employer.

However, there are other potential avenues to explore. Even if your employer is partially accountable for the train accident, you may be able to pursue legal action against a third-party who could also be held liable. Third-party liability can enable you to collect further compensation in addition to workers’ compensation benefits that have already been provided.

Contact Our Brooklyn Train Accident Lawyers Today

If you use public transportation to get from home-to-work, or school, or even just for your daily tasks, then security and safety should be guaranteed. Unfortunately though, when trouble strikes the train or subway – you are placed in a very vulnerable position with no idea on how to tackle it. That’s where an experienced Brooklyn train accident lawyer comes into play. They will provide legal representation so that justice is served and all of those affected have the resources needed to move forward after this tumultuous experience.

For decades, Rosenberg & Rodriguez has been helping clients who have faced various public transportation injuries. It is extremely important that you secure your rights straight away to prevent insurance companies from covering their tracks. Get in touch with us now to take advantage of a complimentary assessment regarding your case and to learn more about how we can help.