The Long Island Rail Road (LIRR) is a subsidiary of New York’s Metropolitan Transportation Authority (MTA), and is one of the busiest in the country. Thousands of commuters rely on the LIRR each day to get to and from work, home, school, and elsewhere. And although most travelers instinctively trust the train system to be safe, this trust is sometimes misplaced.

When someone is involved in a train accident, the results can be catastrophic. Holding the train system and other parties accountable for the crash is unlike a private personal injury lawsuit, and will require exceptional legal representation. Find out the difference that Dell & Dean PLLC can make for you.

Common LIRR Accidents

The LIRR consists of over 700 miles of track and 126 stations serving Queens, Brooklyn, Manhattan, and Nassau and Suffolk Counties. With so much coverage, there are bound to be accidents at some point in time and at some place along the LIRR. These are some examples:

  • Train derailments: Derailments happen due to track defects, mechanical errors, and operational error (e.g. excessive train speed). These, in turn, can lead to serious injury and death.
  • Collisions with other trains: Trains operate similarly to vehicles in that they are subject to signals, speed limits, and rules. When these are ignored or violated, a collision can happen.
  • Collisions with vehicles or debris: Vehicles that fail to stop or otherwise move off train tracks will cause an accident. So, too, will debris and objects left on the train tracks.
  • Slips and falls: Not all LIRR accidents are due to the operation of the train. Long Island passengers at stations or on trains can slip and fall, suffering major injury.
  • Fires and explosions: Fires inside the train and on train tracks, and boiler explosions, are less common but still deadly types of accidents. Collisions may cause secondary fires and explosions as well.

Why Do LIRR Accidents Happen?

An essential step in winning compensation for a train accident is to understand why the wreck happened in the first place. Some reasons for these accidents include:

  • Problems with the track: These are the result of poor construction, poor maintenance, and insufficient inspections to keep tracks in safe working order.
  • Problems with the train: The train may suffer mechanical problems due to poor construction and installation of components, or bad inspection, maintenance, and repair work.
  • Operational negligence: If a train operator is improperly trained or supervised, is under the influence of drugs, or is otherwise negligent, an accident is nearly inevitable.
  • Ignoring signals and rules: Collisions between trains and between trains and other objects are often due to disregarding signals, limits, and rules.
  • Faulty signals: Improperly working signals will cause miscommunication along the tracks, which in turn could lead to derailments and collisions.
  • Unsafe platform and train conditions: Slips and falls and other accidents on platforms and inside trains are preventable, but responsible parties often neglect their duty.
  • Negligent motorists: When trains involve collisions with automobiles and other vehicles, the motorists are often held liable for the crash.

LIRR Accidents Cause Major Injuries

If you’re a Long Island passenger on an LIRR train that crashes, you may suffer severe injuries that could have permanent consequences for your health and well-being. Common injuries include:

  • Traumatic brain injury (TBI)
  • Neck, shoulder, and back injuries
  • Spinal cord injuries
  • Paralysis
  • Amputation
  • Bone fractures
  • Lacerations
  • Burns
  • Internal organ damage and bleeding

Tragically, many of these accidents are fatal, and they leave behind grieving families who must struggle with the financial fallout of a sudden death. Our wrongful death attorneys understand the suffering you are experiencing, and we want to help you seek compensation for your losses and the justice you need to move forward.

What Should You Do After an LIRR Crash?

If you’ve been in a train accident, there are some important steps you can take to protect your rights. They include:

  • Seeking immediate medical attention: Even if you believe you only suffered minor injuries, you need to see a doctor. This protects not only your health but your legal claim.
  • Report the accident: Call 911 and report the accident to emergency and train officials. Ask how to get a copy of the accident report later.
  • Document the accident: Take pictures and record videos of the accident scene (while respecting the privacy of victims). Ask any witnesses for their names and contact information.
  • Document your injuries: You should also document your own injuries through pictures and videos. Make a note of how your injuries affect your daily life and your physical, mental, and emotional health.
  • Contact an experienced Long Island train accident lawyer: Before speaking with any insurance companies or lawyers representing LIRR or MTA, contact an attorney. That’s where we come in.

The Compensation Process in an LIRR Accident Claim

Hiring an attorney is an important step in the claims process after you were hurt in an LIRR train accident. When you hire us, we immediately get to work by:

  • Investigating the accident: Even though Long Island and federal officials will investigate the accident, we conduct our own investigation to learn what happened.
  • Reviewing the evidence: This includes accident reports, the data recorder (“black box”), eyewitness statements, photos from the accident, and more.
  • Identifying the cause and at-fault parties: We use the evidence acquired to determine how the crash happened and who was responsible for it.
  • Collecting your medical records and other evidence: We will also gather your medical records, proof of lost income, and other evidence related to your losses.
  • Valuing your case: Our job is to determine the damages to which the law entitles you and to consult expert witnesses who can help quantify and calculate them.
  • Negotiating with the at-fault parties, their insurers, and their lawyers: This step involves sending a demand letter for your damages to the at-fault parties, insurance companies, and attorneys.
  • Filing a lawsuit: We may need to file a lawsuit to preserve your legal rights, and we will serve it on all named defendants.
  • Taking additional steps if the defendant is a government entity: If the MTA or another public agency is at fault, there are additional requirements which we will handle.
  • Conducting discovery: This is the formal process of requesting and exchanging relevant evidence and information that comes with filing a lawsuit.
  • Mediating your case: Your case may be able to settle during mediation, and we will represent your interests during your session.
  • Trying your case in court: Ultimately, if the at-fault parties refuse to negotiate in good faith, we can take your case in front of a jury.

Contact Our Long Island LIRR Accident Attorney

When serious accidents happen, victims need serious legal representation. If you or a loved one were hurt in an LIRR accident, it’s time to schedule your initial consultation with Dell & Dean PLLC. Get in touch with us online or give us a call today.

Frequently Asked Questions About LIRR Accidents

What types of damages may be available?

Damages may include past and future medical bills, lost income, lost income-earning ability, pain and suffering, and more. The exact nature and amount of damages will depend on the specifics of your case and how the accident has impacted your life.

Are train accident cases state or federal?

Which court you proceed in, state or federal, will depend on the nature of your claim. Motorists, passengers, and pedestrians can file personal injury lawsuits in New York courts based on the state’s negligence laws. Meanwhile, railroad employees would likely proceed under the Federal Employers’ Liability Act (FELA).

How long do I have to take legal action?

Most Long Island train accident claims will have a three-year statute of limitations, which is a deadline to file the lawsuit. If you miss this deadline the court will likely dismiss your lawsuit. It’s important to take action long before the three years pass so you can make the strongest possible case.