Trusted Train Accident Lawyer In NY

train accident attorney

Trains are a popular method of transportation for New Yorkers, but they can also be dangerous. Although rare, train accidents can happen, and when they do, they can be catastrophic.

If you or a loved one are injured by a train or subway accident in New York, you need a trusted, experienced train accident attorney to help you with your case. Injuries from a train accident can be life-altering, and you may be entitled to compensation for medical bills, lost wages, and pain and suffering.

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At Moshes Law, P.C., our knowledgeable lawyers are experienced in personal injury and transportation law. Don’t hesitate to schedule a free consultation with a train injury lawyer to discuss your case.

New York Train Accident Lawyer

A train accident can have devastating results from serious injuries to permanent bodily damage or even death. If you have been affected by a train accident in New York, you will need the assistance of an experienced New York Train Accident Lawyer. A knowledgeable attorney can help you through the process of insurance company negotiations, filing a lawsuit, and representing you at trial so you are fairly compensated for your losses.

What Causes NYC Train Accidents

Train accidents occur for many different reasons, from mechanical failure to operator negligence. One common cause of train accidents is derailment.

A train derailment happens when a train shifts off the rails of the track. Once a train derails, it usually pulls away from the tracks and can twist or flip over. Derailments are one of the worst train accidents and can cause significant injuries to passengers and bystanders.

Train derailments can happen for several reasons, including:

  1. Poorly maintained tracks- If railroad tracks are damaged or not properly maintained, they can cause a train to derail.
  2. Excessive speed- Trains travel at extremely high speeds already, so if they are operated faster than they should be, it can lead to derailments. Trains are especially susceptible to derailments if they take curves and turns above the legal speed.
  1. Collisions- Although rare, if two trains collide, the force of the accident will most likely cause both trains to shift off the tracks. Collisions can cause an incredible amount of damage and are very dangerous for passengers.
  2. Improper switch alignment- A switch on a railroad allows a train to change tracks. When these switches malfunction or don’t align properly, a train can derail. Improper switch alignment can also lead to a train collision.
  3. Objects or debris on the tracks- Objects and debris like tools, equipment, or even vehicles are sometimes left on railroad tracks both by accident and sometimes on purpose. If a train collides with an object on the tracks, it may cause it to derail.

Derailment is a common cause of train accidents, but other issues can arise that can lead to accidents. According to the Federal Railroad Administration, other common causes of train accidents include:

  • Equipment or computer malfunction
  • An error made by the operator due to distraction, fatigue, or intoxication
  • Crossing gate, light, or alarm failure
  • Speeding or brake malfunction
  • People falling from the platform
  • Trespassing

If a train accident happens, it is crucial to identify the responsible parties to be held liable for losses and damages suffered by those affected by the crash.

Do I Have Grounds for A Lawsuit?

If you or someone you love has been injured or killed in a train accident, you have legal rights, and you may be entitled to compensation for any losses you have suffered.

Train operators and railroad companies have a legal obligation to their passengers to provide safe transportation. When this duty is breached due to negligence and people are injured, there may be grounds for a lawsuit.

Lawsuits can be intimidating, which is why you need to contact a train accident law firm. The experienced lawyers at Moshes Law, P.C. provide free consultations for train accident victims. You can meet with an experienced train wreck attorney who will evaluate your case and guide you through the lawsuit process.

A train accident lawyer can help you build a case to hold the responsible party for the accident liable for damages like medical bills and lost wages.

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Why You Need a Train Accident Attorney In NYC

Train accidents can be highly complicated. An investigation must be conducted to find the responsible party, evidence needs to be collected, witnesses interviewed, and damage evaluated. When you are focused on healing your accident injuries, these tasks can seem impossible, especially when the clock is ticking to take action.

New York state has a statute of limitations for filing accident claims. Accident victims only have a certain amount of time from the date of the accident to file a lawsuit to recover damages. If you wish to file a claim against the New York City Transit Authority, you only have 90 days from the accident to file a lawsuit. If you are filing a lawsuit against a private train company, you have three years.

A train accident attorney is necessary to help you file a lawsuit to recover the damages you suffered due to someone else’s negligence. In the aftermath of a train accident, you may be suffering physical pain, mental anguish, or the grief of losing a loved one. While you focus on healing, your attorney can focus on your legal rights.

What Will Our NY Train Accident Lawyer Do for You?

The experienced train accident lawyers at Moshes Law, P.A., will guide you through every step of the legal process to help win your case and recover losses. Train accident lawsuits are complicated cases, and you will be against defendants who have the finances to fight in court.

You will need a train wreck lawyer to help with investigations, assessing damages, valuing your claim, legal paperwork, communications with insurance companies, and representation in court.

Investigate The Cause of Your Accident

Train accidents can occur for many reasons. The first step of a claim is investigating the cause and finding the responsible party. While the train company and NYC transit authority can conduct their own investigations, your lawyer can start an independent investigation for your case.

Assess The Extent of Your Damages

If you are injured in a train or accident, you need to seek medical attention immediately. A medical evaluation will tell you what injuries you have sustained and what kind of treatment plan will be necessary to heal. It will also give you an idea of how much your medical treatment is going to cost.

It can be difficult to determine what your accident claim is worth. Your lawyer will calculate your medical bills, bills for future medical care, lost wages, and pain and suffering to determine a dollar amount of damages suffered.

Handle Your Accident Claim’s Paperwork Load

Lawsuits generate a lot of paperwork, and you will receive documents from the train company, insurance companies, and medical professionals. It is important that you do not sign anything or provide any statements without speaking to your lawyer first.

new york train accident lawyer

Your lawyer will manage your claim’s paperwork load, so you do not accidentally waive your rights to compensation or settle for a payout that is less than you deserve.

Negotiate With Insurance Companies on Your Behalf

Insurance companies will attempt to lessen your claim so they can pay out less money. They may even try to trick you into signing settlements valued far less than you deserve.

A personal injury attorney has experience negotiating with insurance companies and will know how to preserve your legal rights against the insurance company’s attempts to devalue your claim.

 Represent You in Civil Court, If Necessary

When fair settlements can’t be negotiated, the only option to recover damages is to appear in civil court for a trial. The lawyers at Moshes Law, P.C. are experienced trial attorneys who will fight for a winning verdict.

Types of Cases Our NY Train Accident Attorneys Handle

Our New York train accident attorneys handle a variety of train accident-related cases, including:

  • New York Transit Authority accidents
  • Amtrak accidents
  • Subway accidents
  • Long Island Railroad accidents
  • Freight train accidents

Whether you were a passenger, bystander, or injured on the platform, the experienced attorneys at Moshes Law, P.C. can help. Don’t hesitate to schedule a free consultation to learn about your legal rights.

Damages We Can Help You Recover In New York

Train accidents can be disastrous, so damages will be extensive. In a lawsuit, damages are any losses that you have suffered because of the accident. Damages can be both economic damages which are expenses you have incurred like medical bills, lost wages, and property damage. Damages can also be non-economic, like pain and suffering and loss of consortium, which are more difficult to quantify.


Medical expenses typically make up the bulk of economic damages in a lawsuit. Depending on the extent of your injuries and the care you require, medical bills can be astronomical.

Some common injuries that result from train accidents include:

  • Broken bones
  • Soft tissue damage
  • Burns
  • Traumatic Brain Injury (TBI)
  • Back and neck injury
  • Spinal cord damage
  • Lost limbs
  • Paralysis

The more serious the injury, the more expensive it will be to treat. When injuries are permanent, like paralysis, lost limbs, or disfigurement, additional damages will be assessed for continuing care.

While you are healing from your injuries, there is a good chance you will be unable to work. Damages in a lawsuit will include lost wages for both past and future. If you have been injured so severely that you will not be able to return to your job, those economic losses will also be considered in your lawsuit.

Additional economic damages that can be included in a lawsuit for compensation include:

  • Rehabilitative care
  • Therapy
  • Funeral costs
  • Property damage


Non-economic damages, often lumped into the category of “pain and suffering,” are intangible damages that affect victims of bodily harm. Non-economic damages do not come with a price tag, so they can be more challenging to evaluate.

It is common for survivors of a traumatic accident like a train crash to face just as many psychological injuries as physical injuries. Emotional injuries can include:

  • Depression
  • Anxiety
  • Post-traumatic stress disorder (PTSD)
  • Loss of consortium or care if a loved one was killed
  • Loss of education opportunity
  • Loss of enjoyment of life
  • Disfigurement

It is essential that the severity of your injuries is considered from both an economic and non-economic standpoint when calculating the value of your personal injury claim.

An experienced train accident attorney will help you organize and quantify your damages to ensure you are receiving the compensation you deserve.

Why Trust Our Train Lawyers with Your Case?

The experienced attorneys at Moshes Law, P.C. take a personal approach to all cases. We understand that you may be facing one of the most difficult challenges in your life, and we are here to help.

Our attorneys will offer legal assistance and guide you through the personal injury lawsuit process from investigations to handling insurance negotiations, all the way to a winning verdict at trial.

While you fight to heal from your physical and psychological wounds caused by the accident, our attorneys will fight to preserve your legal rights. We will work to ensure all responsible parties are held liable for your losses.

Contact An Experienced NY Train Accident Lawyer 

If you or a loved one has been injured in a New York train accident, contact Moshes Law Office today to schedule your free consultation.

Our experienced train accident lawyers are ready to help you fight for your legal rights.

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