Train Accident Lawyers in Staten Island, NY

Whether they ride the Staten Island Railway, Amtrak or the NYC subway, train passengers put their lives in the hands of operators and transit authorities every day. At Chelli & Bush, Attorneys at Law, our Staten Island train accident lawyers understand the devastating impact preventable injuries can have on New York families. If you’ve been hurt or have lost a loved one in a train accident, our personal injury lawyers can help you pursue the compensation and justice you need to heal and move forward from this difficult time.

Blurred image of speeding train going past railway crossing.

Key Takeaways

Short deadlines — Claims against public entities like the MTA or Staten Island Railway require a formal Notice of Claim within 90 days.
Local knowledge — Our personal injury law firm has served clients in Staten Island and beyond for more than 50 years and understands the unique challenges of train accident claims.
Proven success — Our dedicated team has recovered over $500 million for injury victims in Staten Island, Brooklyn, and surrounding communities.
Risk-free representation — Our train accident attorneys take cases on contingency fee basis. This means no upfront costs or attorneys fees. We get paid only if we successfully secure compensation for you.

Types of Train Accidents We Handle

The sheer weight and speed of a train can lead to accidents with life-altering consequences. Our personal injury lawyers in Staten Island help clients navigate cases involving:

Derailments
Sudden stops and jolts
Platform and station accidents
Railway crossing collisions

Train Accident Injuries

Injuries sustained in train accidents range from minor to catastrophic, and include:

Traumatic brain injuries (TBI)
Back and neck injuries
Spinal cord damage
Complex fractures
Severe lacerations
Internal bleeding and organ damage
Amputations and crush injuries
Emotional and psychological trauma

Our train accident lawyers understand the high physical, emotional, and financial costs of being injured. We take a comprehensive look at your needs for both short- and long-term recovery and work closely with experts to ensure we pursue compensation that reflects the full scope of your injuries.

Legal Considerations for Train Accidents in New York

New York law places specific responsibilities on those who operate public transportation systems and sets strict procedural rules for injured victims.

The Common Carrier Standard

In New York, trains, subways, and ferries are classified as common carriers. They are held to a rigorous standard of care, which includes:

Heightened responsibility — Unlike a private transportation service, a common carrier must take proactive steps to protect others or prevent harm, rather than simply avoiding wrongful actions.
Duty to warn — Authorities must alert passengers to known hazards, such as dangerous platform gaps or slippery conditions in a station.
Safe boarding and exiting — The duty of care begins the moment you enter the station and continues until you have safely exited to a public area when you get off the train.

Claims Against Public Authorities

Most rail travel in Staten Island and the surrounding boroughs is managed by public entities like the MTA or the Staten Island Rapid Transit Operating Authority (SIRTOA). Pursuing a claim against these government agencies requires following a specific legal path:

Notice of Claim — You must file a formal notice within 90 days of the accident or you may lose your right to pursue compensation.
The 50-H hearing —Similar to a deposition, a 50-H hearing is an examination in which a claimant answers questions under oath from a municipality's lawyer. Our team helps you prepare so you know what to expect and how to answer specific questions.
Shorter statute of limitations — Unlike other types of personal injury lawsuits that have a three-year statute of limitations in New York, claims against transit authorities typically must be filed within one year and 90 days of the incident.

Train Accident Claims Involving Amtrak

Because Amtrak operates as a federally chartered corporation, claims are often filed in federal court rather than New York State court. A Notice of Claim is usually not required.

In addition, Amtrak’s ticket terms include an arbitration clause. This means that you are forced to settle a claim out of court instead of having the opportunity to take your case in front of a judge or jury. If you’re considering bringing a claim against Amtrak, it’s vital to have a seasoned train accident attorney by your side.

Freight Companies

Claims against freight partners like Norfolk Southern or CSX follow rules similar to standard personal injury cases. Freight rail companies are heavily regulated by the Federal Railroad Administration (FRA). Our train accident lawyers are well-versed in these laws and regulations and know how to identify violations that help prove negligence.

Proving Your Train Accident Case

Building a successful train accident claim involves meticulous investigation and the collection of vital evidence. Some of the most important evidence in a New York train accident case often requires a subpoena to obtain. This includes:

Event recorder data — Most modern trains are equipped with "black box" event data recorders (EDR) that track speed, braking, and signal compliance at the time of an incident.
Surveillance and cab footage — Video from station platforms and cameras inside the train can provide valuable insight into how an accident happened.
Maintenance and inspection logs — These records can show whether a train car or section of track was properly serviced or if known defects were ignored.
Communication transcripts — We review radio transmissions between the train crew and dispatchers to identify any confusion or mechanical warnings leading up to the crash.
Official accident reports — Police reports and internal transit authority investigations can provide a critical baseline for a solid claim.

Proving Liability

Identifying the responsible party — Whether the fault lies with the operator, a maintenance contractor, or the manufacturer of a defective part, we pinpoint exactly who is liable and pursue all possible sources of compensation.
Demonstrating breach of duty — We analyze evidence and put the pieces of the puzzle together to prove that the carrier failed to meet the high standard of care required of public providers like the MTA and SIRTOA.
Connecting negligence to your injuries — We work with experts like accident reconstructionists, engineers, and medical experts to show exactly how an accident caused your injuries and the impact they have had on your life.

Types of Damages in Train Accident Cases

Our train accident lawyers know how to accurately value your claim. We ensure any compensation we pursue covers the full scope of damages such as:

Past and future medical expenses
Lost wages
Loss of earning capacity
Pain and suffering
Emotional distress

If you’ve lost a loved one in a train accident, our Staten Island personal injury attorneys can evaluate your case and advise you on whether a wrongful death claim may be a viable option for pursuing justice.

Dealing with Insurers

Insurance companies often try to resolve claims quickly by offering low settlement amounts. To protect your rights, do not give a statement, sign anything, or accept a settlement without speaking to our train accident lawyers first. Our team negotiates voraciously on your behalf and won’t hesitate to take your case to trial if a fair settlement can’t be reached

Why Choose Our Staten Island Train Accident Lawyers?

Our attorneys provide the personalized attention and staunch legal advocacy you deserve. With Chelli & Bush, you get:

Proven success in train accident litigation — Our team knows how to navigate complex processes and regulations to build a strong foundation for your claim. Our record of success speaks for itself.
Commitment to your future — We pursue the fair compensation you need to protect your health and provide financial stability for your family.
Accessible legal representation — Our contingency fee structure ensures you never bear the burden of upfront legal costs. We get paid only if we recover compensation for you.
Client-centered approach — Our client testimonials reflect our dedication to ensuring victims and their families feel heard and supported.