A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)•A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)

Train Injury Lawyer in Newburgh, NY

Serious Train Injury Help

Comprehensive Guide to Train Injury Claims

Train accidents and platform incidents can cause life-altering injuries for passengers, pedestrians, and railroad employees in Newburgh and the surrounding Hudson Valley. If you or a loved one has been hurt in a collision, derailment, slip on a station platform, or while crossing tracks, you face medical bills, lost income, and long recovery periods. At Ahearne Law Firm PLLC we help injured people understand who may be responsible and the legal steps that follow. Attorney Allan J. Ahearne, Jr. and the firm are familiar with local courts and procedures and can explain options for pursuing compensation. Contact our office at (845) 986-2777 to discuss immediate next steps and preserve important evidence.

Gathering the right evidence early can make a substantial difference in a train injury claim. Important actions include seeking prompt medical care, documenting the scene with photos if safe, collecting contact information for witnesses, and preserving any tickets or receipts related to the incident. Investigations often require work to obtain transit records, maintenance logs, and surveillance footage, and starting that process right away is important. Our office can guide you about what to request and how to avoid common missteps that may hurt a claim. We handle communications with insurers so you can focus on recovery and getting medical treatment.

Why Pursue a Train Injury Claim

Pursuing a claim after a train-related injury helps injured people seek compensation for medical expenses, rehabilitation costs, lost earnings, and the impact on daily life. A well-prepared claim also addresses future treatment needs and can include damages for pain and suffering when appropriate. Beyond compensation, the legal process can encourage safer practices by holding negligent parties accountable, which may reduce the risk of similar incidents in the community. Working through a claim also ensures critical evidence is collected and preserved so that the full circumstances of the accident are documented and considered when negotiating with insurers or presenting a case in court.

Overview of Ahearne Law Firm and Allan J. Ahearne, Jr.

Ahearne Law Firm PLLC is a Hudson Valley practice serving clients from Newburgh and Orange County in personal injury matters, including train-related accidents. Attorney Allan J. Ahearne, Jr. focuses on guiding injured individuals through the legal and practical challenges that follow a serious incident. The firm emphasizes direct communication, thorough investigation, and timely action to secure evidence and build a strong claim. Clients receive attention tailored to their circumstances, and the office works to coordinate medical documentation, witness statements, and other records needed to support recovery of compensation. Contact the firm to arrange a consultation and learn how we approach these cases locally.

Understanding Train Injury Claims

A train injury claim typically rests on the legal idea that a person or company owed a duty of care and breached that duty, causing harm. Potential defendants include transit agencies, railroad companies, contractors responsible for track maintenance, property owners, and occasionally government entities. For railroad employees, federal law may apply, while passengers and pedestrians often bring claims under state negligence rules. Key elements to establish in a claim include the duty owed, the breach of that duty, a causal link between the breach and the injury, and measurable damages. Identifying the responsible parties and applicable laws early helps shape the investigative strategy and claims process.

The practical process begins with a careful investigation to gather medical records, incident reports, maintenance logs, and any available surveillance footage. Witness interviews and preservation of physical evidence are often necessary. Insurance companies routinely investigate claims, and timely preservation of evidence can prevent loss of critical information. In New York there are deadlines for filing claims that vary depending on whether federal statutes or state law apply, so acting promptly is essential. The firm assists with evidence collection, dealing with insurers, and explaining whether negotiation or litigation is the most appropriate path for a given case.

Need More Information?

Key Terms and Glossary

Negligence

Negligence is the legal concept most commonly used in train injury cases. It means someone failed to act with the level of care a reasonable person or entity would have used under similar circumstances, and that failure caused harm to another person. In the rail context, negligence might look like poor track maintenance, inadequate warnings at crossings, failure to operate equipment safely, or allowing hazardous conditions at a station platform. Proving negligence requires showing duty, breach, causation, and damages. Gathering documentation such as maintenance records, employee logs, and witness statements helps demonstrate these elements in a claim.

FELA (Federal Employers' Liability Act)

The Federal Employers’ Liability Act, or FELA, is a federal law that provides a path to recovery for railroad employees injured on the job. Under FELA, injured workers may bring claims against their employer for negligence and are entitled to pursue compensation for medical expenses, lost wages, reduction in earning capacity, and damages for pain and suffering in some cases. FELA procedures differ from state claims and have distinct rules for notice, evidence, and venue. Employees should be aware that filing deadlines and procedural steps under FELA require prompt attention so that rights to recovery are preserved and properly asserted.

Comparative Negligence

Comparative negligence is a rule that may reduce the amount of compensation an injured person receives if they share fault for the incident. In New York, the court may assign a percentage of fault to each party involved, and an injured person’s recovery can be reduced by their share of responsibility. For example, if a plaintiff is found partially responsible for not paying attention near tracks, that percentage can lower the final award. Understanding how comparative fault is evaluated—looking at conduct, warnings, visibility, and other circumstances—is important when assessing the value of a claim and determining litigation strategy.

Derailment

A derailment occurs when a train leaves its tracks, often causing significant damage and injury to passengers, crew, or bystanders. Causes can include track defects, mechanical failure, operator error, improperly loaded freight, or maintenance failures. Derailments typically require complex investigations that examine maintenance logs, design specifications, operator records, and physical evidence from the site. Because multiple parties may be involved in operating or maintaining equipment and infrastructure, liability can extend beyond a single entity. Prompt collection and preservation of evidence are particularly important in derailment cases because critical materials and records can be lost over time.

PRO TIPS

Preserve Evidence Immediately

Preserving evidence quickly after a train accident strengthens a claim and supports a clear record of what happened. Take photos of the scene and injuries if you are able, keep clothing and ticket stubs, and write down witness names and contact details as soon as possible. Notify your medical providers about the incident so their records reflect the link between the accident and your treatment, and consult with legal counsel to make sure critical surveillance footage and maintenance logs are requested and preserved before they are overwritten or discarded.

Seek Medical Care Right Away

Getting prompt medical attention is essential for both health and legal reasons after a train injury, even if symptoms seem minor at first. Medical records create a documented connection between the incident and injuries, and early treatment can prevent conditions from worsening. Be sure to follow through with recommended tests, therapies, and follow-up visits, and keep copies of all bills, prescriptions, and reports to support a claim for medical expenses and future care needs.

Document Witnesses and Conditions

Witness accounts and detailed descriptions of environmental conditions can be vital when reconstructing how an accident occurred. If safe, gather names and contact information, and record notes about weather, lighting, signage, and crowding. Later, written recollections made soon after the event help preserve details that fade over time, and your legal team can follow up with witnesses to obtain formal statements and preserve their testimony for insurance or court proceedings.

Comparing Legal Options After a Train Injury

When a Full-Scale Claim Is Advisable:

Serious or Catastrophic Injuries

A comprehensive approach is generally warranted when injuries are severe, long-term, or likely to require ongoing medical care and rehabilitation. In those situations, the full range of damages—past and future medical costs, lost earning capacity, and non-economic harms—should be carefully quantified. Building a robust claim often requires working with medical providers, life care planners, and reconstruction resources to document the long-term impact and to pursue full and fair recovery through negotiation or litigation.

Multiple Liable Parties

When responsibility for an accident may rest with several entities such as a transit authority, third-party contractor, or property owner, a comprehensive approach helps identify all potential sources of recovery. Coordinated investigation into maintenance responsibilities, contract relationships, and operational practices is needed to determine who may be accountable. Handling these complexities thoroughly ensures claims assert all available theories of liability and pursue appropriate damages from every responsible party.

When a Limited Approach May Suffice:

Minor Injuries with Quick Recovery

If injuries are minor and recovery is prompt, a more limited approach aimed at resolving medical bills and lost wages may be appropriate. These cases still require documenting treatment and preserving evidence, but they often settle more quickly through direct negotiation with insurers. The choice to take a limited route should be based on a careful assessment of current and reasonably foreseeable future needs to ensure compensation covers all short-term impacts.

Clear Liability and Modest Damages

When liability is obvious and damages are relatively modest, pursuing a streamlined resolution can reduce time and expense while still addressing medical bills and lost income. Even in straightforward cases, obtaining medical documentation and preserving records is important to achieve a fair settlement. Consultation helps determine whether a limited negotiation will suffice or whether broader investigation could reveal additional recoverable losses.

Common Circumstances in Train Accidents

Platform Slip and Fall

People slip or fall on platforms due to wet surfaces, uneven flooring, inadequate warnings, or crowded conditions, and such incidents can cause sprains, fractures, and head injuries. Documenting the condition of the platform, capturing photographs, and identifying witnesses are important first steps to show how the hazard contributed to the injury.

Collisions at Crossings

Collisions between trains and vehicles or pedestrians at crossings often involve visibility issues, faulty signals, or driver mistakes, and they can produce serious harm and complex fault questions. Immediate documentation of the scene, including traffic controls and sightlines, helps clarify the circumstances and supports claims against responsible parties.

Passenger Onboard Injuries

Passengers may be injured aboard trains during sudden stops, collisions, or when equipment fails, and injuries can include spinal trauma, concussions, and broken bones. Preserving ride records, notifying transit authorities, and obtaining medical reports help connect the onboard event to the resulting injuries for a claim.

Train Injury Attorney Serving Newburgh and Orange County

Why Hire Ahearne Law Firm for Train Injury Cases

Choosing legal representation with local knowledge can make a meaningful difference when pursuing a train injury claim in Newburgh. Ahearne Law Firm PLLC handles the procedural tasks that must be completed early, such as obtaining records, preserving evidence, and coordinating with medical providers, while keeping clients informed about options and timelines. We focus on clear communication, attention to detail, and gathering the documentation needed to present a full picture of damages. Clients benefit from an approach that is responsive and aimed at securing recovery so they can attend to medical treatment and family needs.

The firm assists clients through every stage of a claim, from initial investigation through settlement discussions and, when necessary, courtroom representation. Because train accident matters can involve multiple parties and complex fact patterns, thorough preparation helps ensure all avenues for recovery are pursued. We explain fee structures and work on a contingency basis where appropriate so that injured people can pursue claims without upfront legal fees. To discuss how the firm can help with a specific incident in Newburgh, call (845) 986-2777 and request a consultation with Allan J. Ahearne, Jr.

Contact Allan J. Ahearne, Jr. Today

People Also Search For

Newburgh train injury lawyer

train accident attorney New York

train derailment injury claim Hudson Valley

railroad injury lawyer Orange County

FELA attorney New York

train platform slip and fall claim

rail crossing collision lawyer

passenger injury on train legal help

FAQS

What should I do immediately after a train accident in Newburgh?

Seek immediate medical attention even if injuries seem minor, because some conditions worsen over time and prompt treatment creates a clear record linking the incident to your injuries. If you can safely do so, gather contact information from witnesses, take photos of the scene and any visible hazards, and preserve clothing or tickets related to the incident. Report the accident to transit personnel and request an incident report so there is an official record of what occurred. After initial steps for health and safety, notify your attorney before speaking in detail with insurance adjusters to avoid statements that might be used to minimize your claim. Legal counsel can help request preservation of surveillance footage, maintenance records, and other evidence that may disappear if not secured promptly. These actions protect your ability to pursue full recovery while you concentrate on medical care and healing.

Can I sue a railroad company for injuries on a train platform?

Yes, it is possible to pursue a claim against a railroad or transit agency for injuries sustained on a platform when negligence by the entity contributed to the hazard. Examples include failures to maintain safe surfaces, inadequate lighting, absent or obstructed warnings, or poor crowd management. Establishing liability requires showing the entity owed a duty of care to passengers, breached that duty, and that the breach caused the injury and resulting damages. Each case turns on its specific facts and applicable law, and procedural rules may differ depending on whether the defendant is a private railroad, a public transit authority, or another party. Prompt investigation helps identify responsible parties and preserve evidence such as maintenance logs, inspection reports, and surveillance footage. Legal representation can assist with those requests and with framing a claim that seeks compensation for medical costs, lost wages, and other impacts.

How long do I have to file a train injury claim in New York?

The time to file a train injury claim in New York varies depending on the applicable law and the parties involved. For many personal injury claims under state law, the statute of limitations is two years from the date of the injury, but exceptions and specific procedural requirements can change that deadline. If a federal statute like the Federal Employers’ Liability Act applies to a railroad employee, different filing rules and timeframes may govern the claim. Because the deadlines can differ based on employment status, the identity of the defendant, and whether government entities are involved, it is important to consult promptly to preserve your rights. Missing a filing deadline can bar recovery, and early consultation enables timely notice to insurers and collection of perishable evidence that supports the claim.

What types of compensation can I recover after a train injury?

Compensation in a train injury case may include recovery for medical expenses, which covers emergency care, hospital stays, surgeries, medications, rehabilitation, and future medical needs related to the injury. Lost income for time away from work and loss of future earning capacity when the injury affects your ability to earn are also commonly sought. Property damage, such as ruined clothing or devices, may be recoverable as well. In addition to economic losses, claims can seek payment for non-economic harms like pain and suffering, emotional distress, and loss of enjoyment of life when supported by the facts of the case. The types and amounts of damages depend on the severity of injury, medical prognosis, the degree of fault, and other case-specific factors. Documenting all impacts thoroughly helps establish full compensation needs.

Does the Federal Employers' Liability Act apply to railroad workers?

The Federal Employers’ Liability Act (FELA) applies to railroad employees who are injured in the course of their employment with a railroad engaged in interstate commerce. Under FELA, injured railroad workers can pursue claims against their employer for negligence and may recover for medical expenses, lost earnings, and sometimes non-economic harms depending on the circumstances. FELA has procedural differences from state tort claims, and pursuing a FELA claim involves specific notice, discovery, and venue considerations. If you are a railroad employee, discussing your situation promptly is important because FELA claims require timely actions and careful handling of evidence and witness testimony. Consulting with counsel familiar with FELA procedures helps ensure that your claim is filed correctly and that the full scope of your work-related losses is pursued.

How is liability determined in a train derailment?

Determining liability in a derailment often requires a detailed factual investigation into maintenance records, operator logs, equipment condition, track design, and external factors like weather. Investigators look for evidence of component failure, improper maintenance, design defects, overloading, or operational errors that could have led to the train leaving the tracks. Multiple parties, including the railroad, contractors, equipment manufacturers, or maintenance vendors, can be implicated depending on the findings. Because derailment investigations involve technical and documentary evidence, preserving physical debris, logs, inspection reports, and surveillance footage early is critical. Coordinating with engineers and other professionals to interpret records and physical evidence helps build a clear account of causation and support claims against responsible entities when seeking compensation for injuries and losses.

Will my own actions reduce the compensation I can receive?

Yes, your own actions can affect the amount of compensation if a court finds you partially at fault for the incident. New York applies comparative fault principles that may reduce your recovery in proportion to the percentage of responsibility assigned to you. For instance, failing to follow posted warnings or ignoring barricades could lead to a reduction in the compensation awarded. That said, contributory conduct does not automatically bar recovery, and many cases involve shared responsibility. An experienced attorney can evaluate the circumstances to argue that the defendant’s conduct was the primary cause of the injury and can seek to minimize any allocation of fault to you based on the facts and available evidence.

How long does a typical train injury case take to resolve?

The timeline for resolving a train injury case varies widely depending on the complexity of the injuries, the extent of investigation required, and whether the matter settles or goes to trial. Some straightforward cases with clear liability and limited damages can resolve in months through negotiation, while cases involving serious injuries, multiple defendants, or disputed facts can take a year or longer to reach resolution. Discovery, expert analysis, and scheduling in court can extend the process. Clients benefit from realistic expectations and consistent communication from counsel about likely timelines and milestones. While prompt settlement is often desirable, careful preparation and documentation of damages and liability position a client for the best possible outcome whether through settlement or litigation.

Should I accept the insurance company's first offer?

You should be cautious about accepting an insurer’s first settlement offer because initial proposals are often lower than what a fully developed claim may warrant. Early offers may not account for future medical needs, ongoing therapies, or diminished earning capacity, so accepting too quickly can leave you undercompensated. Reviewing any offer with legal counsel helps ensure it fairly addresses past and future losses before you release claims. Before accepting a resolution, make sure all medical treatment is documented and the full impact on work and daily life is understood. A careful assessment of long-term needs and potential costs can show whether an offer is adequate or if additional negotiation is appropriate to achieve fair recovery.

How can Ahearne Law Firm help with evidence and investigation?

Ahearne Law Firm helps preserve and gather evidence that supports a train injury claim, including requests for incident reports, maintenance records, personnel logs, surveillance footage, and witness statements. The firm’s role includes issuing timely preservation demands to prevent loss of perishable evidence and coordinating with medical providers to obtain complete treatment records and bills. Building a comprehensive record strengthens negotiation positions and, if necessary, preparation for trial. The firm also assists in working with technical consultants, such as accident reconstruction professionals or medical reviewers, when the case requires technical analysis to explain causation or quantify future care needs. These resources help present a clear factual and medical narrative that supports appropriate compensation for injuries and losses sustained in the incident.

Personal Injury Services in Newburgh

Explore our injury practice areas

⚖️ All Personal Injury Services