Content reviewed by:
Alex Shulman
Yonkers is served by Metro-North, Amtrak, and the MTA, making train travel a daily reality for thousands of residents. When a train accident happens, whether it’s a collision, a derailment, a platform incident, or a slip inside a station, the injuries can be severe and the legal process unusually complex.
Our train accident lawyer in Yonkers can help you identify who is responsible and pursue what you’re owed. At Shulman & Hill Injury Lawyers, we’ve recovered $1 billion–plus for New Yorkers and know how to handle cases involving powerful public and private defendants. Connect with a personal injury lawyer in Yonkers today for a free consultation.
Why Train Accident Cases Are More Complicated Than Standard Injury Claims
Train accidents involve parties that most personal injury claims do not. Government agencies, public authorities, and large private rail carriers each operate under different legal frameworks, and which one applies to your case determines both the rules of your claim and the deadlines you face.
Claims against public entities like the MTA require a notice of claim to be filed within 90 days of the accident. Missing this deadline typically forfeits your right to pursue the claim entirely. Private carriers like Amtrak are governed in part by federal law, which introduces additional procedural layers.
Who May Be Liable in a Train Accident Case
Identifying all responsible parties is a critical first step in any train accident case. Depending on how the accident occurred, potentially liable parties can include:
- The transit authority or rail carrier, if operator error, maintenance failures, or inadequate safety protocols caused the incident
- A third-party maintenance contractor, if defective equipment or track maintenance was involved
- A platform or station owner, if a hazardous condition on the premises caused a slip, fall, or other injury
- A manufacturer, if a defective train component contributed to the accident
- Another passenger or third party, in cases involving assaults or crowd-related incidents
In many cases, more than one party bears responsibility. We look at every angle of the accident to make sure no liable party is overlooked.
Common Types of Train Accidents We Handle
Train accidents take different forms, and the legal approach depends on the specific circumstances of the incident. The cases we handle most frequently for clients in and around Yonkers include:
- Derailments and collisions resulting in passenger injuries
- Platform accidents, including falls from platforms or being struck by a train
- Slip and fall accidents inside stations or on station property
- Injuries caused by sudden stops or emergency braking
- Doors closing on passengers during boarding or exiting
- Assaults and criminal incidents in stations or on trains with inadequate security
Each scenario involves different evidence, different liable parties, and different legal standards. We build the case that fits the specific facts of your accident.
The Notice of Claim Requirement and Why It Matters
If your train accident involved a public authority such as the MTA or a municipal transit agency, you must file a notice of claim within 90 days of the date of the accident. This is a hard deadline under New York law. Missing it generally means you lose the right to sue the public entity, regardless of how strong your underlying case might be.
This timeline is much shorter than the standard three-year statute of limitations for personal injury cases, and many people are unaware of it until it is too late. The notice of claim must include specific information about the accident, your injuries, and the damages you are seeking. We file this document immediately after hire, so your legal options remain open.
How We Build a Train Accident Case
Investigating a train accident requires accessing records and data that most individuals cannot obtain on their own. Rail carriers and transit authorities maintain detailed logs, maintenance records, and operational data, but they do not share them voluntarily.
We work to preserve and obtain the evidence that matters, including:
- Train operation logs and event recorder data showing speed, braking, and operator actions before the incident
- Maintenance and inspection records for the train, track, and station involved
- Internal incident reports and communications from the rail authority
- Platform and station surveillance footage
- Witness statements from other passengers and station personnel
- Any prior complaints or incidents related to the same conditions
Transit authorities have legal teams that begin working on their defense immediately. Our Yonkers train accident lawyers will move just as quickly on your behalf.
What Compensation May Be Available
Victims of train accidents in Yonkers may be able to recover compensation for a range of losses depending on the nature and severity of their injuries. Economic damages can include medical expenses, the cost of future treatment or rehabilitation, lost income, and reduced earning capacity.
Non-economic damages cover pain and suffering, emotional distress, and the loss of activities or quality of life caused by your injuries. In cases involving serious or permanent injuries, both categories of compensation can be substantial. We evaluate the full extent of your losses, not just what has accumulated so far, when assessing what your case is worth.
Federal Law and Interstate Train Claims
When the accident involves an interstate carrier such as Amtrak, federal law adds another dimension to the case. The Federal Employers’ Liability Act (FELA) governs claims by railroad workers injured on the job, while passenger injury claims against Amtrak may be subject to specific federal statutes and liability caps that do not apply to other injury cases.
Understanding how federal law intersects with your claim is not optional in these cases. Getting it wrong at the outset can limit your recovery or cause procedural problems that are difficult to fix later. We analyze the full legal framework that applies to your case before any claim is filed.
Talk to a Train Accident Lawyer in Yonkers Today
Shulman & Hill Injury Lawyers was founded in 2013 and has recovered $1 billion–plus for clients across New York. Our attorneys bring 200–plus years of combined legal experience to personal injury cases, including those involving public transit authorities and large institutional defendants.
If you were hurt in a train accident in Yonkers, the clock on your claim may already be running. A train accident attorney in Yonkers at Shulman & Hill Injury Lawyers is ready to review your case and make sure every deadline is met.
Contact us today for a free consultation and let us go to work for you.