Subway and Railroad Accidents

Train accidents have been on the rise in New York, driven by a number of factors, from mental illness to risk-taking behaviors. Subway and train accidents can have devastating impacts not just on those directly affected, but on train operators and bystanders.

If you have been struck by a train or subway car, have been injured by an assault on a subway or rail line, or have otherwise suffered a serious injury on subway or railway property, contact The Law Office of Mark A. Siesel for a free consultation. We can explain whether you may be able to pursue compensation, and what steps you might take to maximize compensation. It’s very important to contact a lawyer before signing anything or making any statement to any insurance company or any representatives of subways and rail lines. By making a statement or signing paperwork, you may harm your chances of getting financial recovery.

What Responsibility Do Transport Organizations Have to Prevent Accidents?

The operators of subways and rail lines (such as Metro-North and the Long Island Rail Road) are obligated by law to safely transport passengers to their destinations, and have an enhanced legal duty and responsibility to keep them reasonably safe in their stations and environs. If the subway operator, such as the Metropolitan Transit Authority, (MTA) is negligent in the ownership and operation of the subway cars or the stations it maintains, they can be held liable for all injuries suffered by their riders and pedestrians in the stations and property they own, operate, maintain and control.

There are various federal and state transportation regulations which govern the operation of subways and railroads and building codes which mandate certain safety guidelines in stations. These include the Federal Employers’ Liability Act (FELA), which affords railroad workers the right to sue for an on-the-job injury (an exception to the usual preclusion from suing your employer under the Workers’ Compensation Statute). Attorneys who handle railroad cases must be fully familiar with the transportation law as promulgated in Title 49 of the United States Code, and the operation of the Federal Transit Administration (FTA), an agency that is under the auspices of the United States Department of Transportation (DOT).

What Kinds of Subway and Railroad Accidents Happen in New York State?

In Westchester County, New York City, and across the Upper Hudson River Valley and beyond, there are many kinds of accidents and injuries that occur, including:

• Collisions and derailments. Collisions happen when a train crashes into another train or into a car or person that’s on the tracks. Derailers happen when a train leaves the tracks. Collisions can be caused by human error, signaling failures, or mechanical malfunctions. They can also happen when a car gets stuck on tracks, or a child plays too close to the tracks.  Derailments typically occur due to track issues, signal problems, or structural failures. Older infrastructure, common in New York, can also play a role.
• Passenger falls and other injuries. Another common type of injury happens due to falls, crushing incidents, and other injuries that happen because of sudden stops, overcrowding, or accidents while boarding or exiting. Situations where passengers accidentally fall onto the tracks, either intentionally or unintentionally, are a common source of subway and railway accidents as well.
• Electrical accidents. Both subways and railroad systems depend heavily on electricity to operate. Electrical failures can strand passengers in tunnels or stations. Electrical malfunctions can also lead to fires or explosions that can cause serious injuries or even fatalities to workers and passengers using these transportation systems.
• Weather-related accidents. Extreme weather conditions, such as heavy snow, rain, or flooding, can cause accidents. Poor visibility and negligence in cleaning up spills and water can also put passengers of fall risks.
• Intentional and criminal acts. Unfortunately, there have been incidents where individuals have pushed people onto the tracks. In addition, muggings, assault, and other crimes happen on platforms, trains, and at stations. These situations not only cause trauma for victims, but can also lead to serious physical harm, including facial injuries, broken bones, spinal cord and head injuries, and more. Tight crowds and lack of security can contribute to these types of accidents.
• Exposure accidents. Freight trains carry many types of materials, including hazardous substances, across the state and across the country. In situations where a freight train is in an accident or derails, these materials can explode, causing wide-spread damage. They can also cause toxic spills that endanger everyone in the area. Even passenger trains and subways can cause exposure or fires in situations where fuel spills during an accident. This can not only affect the local area, but also puts passengers at immediate risk.
• Structure-related incidents. Since some stations and infrastructure is older, it is possible to sustain serious injuries because of this infrastructure. For example, uneven flooring or loose stair rails can cause falls, while ceiling tiles and other overhead structures can loosen over time and fall on passengers, causing head injuries, crushing injuries, and other serious harm.
• Vandalism incidents. While rarer, in some cases vandals can tamper with tracks, signals, and other essential systems, causing accidents and derailments that lead to injuries.

These incidents can affect passengers, employees of subway and railroad companies, and even bystanders and visitors to stations, causing head injuries, amputations, broken bones, sprains, spinal cord injuries, internal injuries, and other serious harm. In serious cases, train accidents lead to deaths.

Subway and railroad accidents and injuries occur with alarming frequency in a variety of ways, to pedestrians, riders, and employees, due to:

1. Inadequate safety standards;
2. Failure to utilize available safety equipment;
3. Insufficient training;
4. Health issues or the drug/alcohol abuse by train personnel
5. Distracted operation of the train due to use of cell phone or other devices;
6. Sub-standard maintenance of the trains;
7. Dangerous subway platforms, tracks and stations;
8. Improperly inspected or maintained equipment.

The subway and railroad accident lawyers at The Law Office Of Mark A. Siesel, with offices in White Plains and Peekskill, New York handle cases involving Metro North; The N.Y.C. subways; the Metropolitan Transportation Authority; The Long Island Railroad; PATH trains; Amtrak, and a variety of commuter and freight train accidents. Our goal is always to ensure our clients get fair compensation for their injuries. For example, we recently successfully obtained a large settlement on behalf of a rider on the Metro-North train which derailed in December of 2014 near the Spuyten-Duyvil station. It was later determined that the train was traveling at 82 miles per hour in a 30 m.p.h. zone and that the engineer was diagnosed with sleep apnea.

What Can a Personal Injury Attorney Do For You?

The MTA, Metro North, and the Long Island Railroad utilize investigators when determining the causes of accidents involving their equipment and stations. It is vital that you hire attorneys who will:

• Conduct an independent investigation of your accident;
• Hire engineers and accident reconstruction experts to review the circumstances and causes of the accident;
• Obtain statements from all available witnesses to the accident, the injuries suffered and the equipment involved;
• Preserve evidence which can be lost or tampered with;
• Gather any and all radio logs between the train operators and dispatchers;
• Obtain photographs of the accident scene or instrumentality which caused your accident;
• Find any possible videotapes or other recordings of the accident when available; and
• Place those responsible for your accident and injuries on notice that you intend to pursue your legal rights to the fullest extent of the law, including filing an immediate notice of claim, which preserves the client’s rights to sue for pain and suffering, medical and hospital expenses, past and future and lost earnings and earnings potential.

If you are injured in a subway or railroad accident, contact our office online for your free initial consultation today. Our dedicated lawyers and staff will work tirelessly from inception of your case through trial or resolution by settlement to maximize compensation for your physical and emotional injuries; lost earnings and earnings potential; and medical expenses, past and future.