NYC Train Crash Injuries: Hold Negligent Parties Accountable

Who Can Be Liable After a NYC Train Crash?

Depending on what went wrong, several parties may share responsibility:

• Public transit authorities and operators: the Metropolitan Transportation Authority (MTA), New York City Transit (NYCT), Long Island Rail Road (LIRR), Metro-North Railroad, and their employees.
• Amtrak and other passenger or freight railroads operating in New York.
• Train operators, dispatchers, and maintenance contractors whose errors or failures contributed to the crash.
• Manufacturers and suppliers of trains, brakes, signals, doors, or other rail equipment if a defect played a role.
• Track owners, signal maintainers, and third-party contractors responsible for inspection, maintenance, and repair.
• Property owners, construction firms, or utility companies that created hazardous track or station conditions.

Common Causes of Train Crashes and Injuries

• Operator inattention, fatigue, speeding, or failure to comply with signals.
• Signal or switch malfunctions; Positive Train Control or braking system failures on FRA-regulated railroads.
• Deferred maintenance of track, rolling stock, or stations.
• Defective components (wheels, axles, brakes, door systems).
• Platform crowding, sudden train movements, and slip/trip hazards.
• Collisions with vehicles or obstructions at grade crossings.

Proving Negligence in New York

To recover compensation, you generally must prove duty, breach, causation, and damages. Useful evidence can include:

• Onboard event recorder data, signal logs, and dispatch records. For FRA-regulated commuter and intercity rail, locomotive event recorders are governed by 49 CFR § 229.135, and railroads must report certain accidents under 49 CFR Part 225.
• Surveillance video from stations and railcars.
• Maintenance and inspection records for trains, tracks, and signals.
• Incident reports, witness statements, and expert analysis of speed, braking, visibility, and human factors.

Note: FRA rules generally do not apply to NYC’s rapid transit subway system; see the FRA jurisdiction policy at 49 CFR Part 209 Appendix A. Different standards and procedures may apply for NYCT matters.

New York follows comparative negligence (CPLR § 1411), which can reduce recovery if multiple parties, including the injured person, share fault.

Special Rules for Claims Against Public Authorities

Claims involving the MTA, NYCT, LIRR, or Metro-North have strict administrative prerequisites. As a condition precedent to suit, claimants typically must serve a notice of claim within a short window—often within 90 days—and actions are subject to shorter limitations periods (frequently one year and 90 days), subject to statutory exceptions. See GML § 50-e, PAL § 1212(2) (NYCT), and PAL § 1276(2) (MTA). Missing these deadlines can jeopardize a claim. Because different MTA entities have distinct legal identities and procedures, promptly identifying the correct party is critical.

Public records relevant to an incident may be available through the MTA’s FOIL process (MTA FOIL), though exemptions and response times apply. In litigation, discovery rules govern access to evidence.

Compensation You May Seek

• Medical expenses and future treatment needs.
• Lost wages, diminished earning capacity, and job retraining costs.
• Pain and suffering, loss of enjoyment of life, and emotional distress.
• Out-of-pocket costs for transportation, home care, and medical equipment.
• In fatal incidents, wrongful death damages available to eligible survivors.

How Our Firm Helps

• Secures event recorder data, signal logs, and surveillance video before they are overwritten.
• Identifies all potentially responsible entities—public authorities, contractors, and manufacturers.
• Works with rail operations, human factors, and engineering experts.
• Navigates notice-of-claim requirements and prepares your case for settlement or trial.
• Pursues full compensation while you focus on recovery.

Ready to talk? Your deadlines may be short. Contact us for a free consultation.

FAQ

How long do I have to file a claim against the MTA or NYCT?

Many claims require a notice of claim within 90 days and a lawsuit within one year and 90 days, subject to statutory exceptions. Confirm the correct entity and deadline immediately.

Does comparative negligence bar recovery?

No. Under CPLR § 1411, your compensation may be reduced by your percentage of fault but is not barred solely because you share responsibility.

What if the train was an Amtrak or freight railroad?

FRA regulations and different federal rules may apply. Evidence like event recorder data and FRA reportable incident records can be critical.

Can I obtain surveillance video from the station?

Video may be requested via preservation letters, FOIL for public authorities, or litigation discovery. Time is critical because footage can be overwritten.

What damages can I recover?

Depending on the facts: medical costs, lost income, reduced earning capacity, pain and suffering, and other out-of-pocket losses. Wrongful death damages may be available in fatal cases.

Do I need a lawyer now?

Yes, early counsel helps identify the correct entities, preserve evidence, and meet strict deadlines. Contact us to get started.

Sources

• N.Y. Gen. Mun. Law § 50-e (Notice of Claim)
• N.Y. Pub. Auth. Law § 1212(2) (NYC Transit Authority)
• N.Y. Pub. Auth. Law § 1276(2) (MTA)
• CPLR § 1411 (Comparative Negligence)
• 49 CFR § 229.135 (Locomotive event recorders)
• 49 CFR Part 225 (Accident/Incident reporting)
• 49 CFR Part 209 Appendix A (FRA jurisdiction policy)
• MTA FOIL portal | MTA official site

Disclaimer (New York): This content is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines and procedures vary by entity and facts and may change. Consult a qualified New York attorney about your specific situation.