A scenic mountain railway track stretches into the distance under a cloudy sky. Surrounding the tracks are rocky terrain and lush green slopes, with distant rolling hills and a lake visible in the background. A stone wall runs parallel to the tracks on the right.

Train accidents are not very common, but when they do occur, the results are often severe. As a result, it is important to know how these accidents happen and what to do in the event of an injury. Read on to learn more about train accidents in New York.

Common Causes of Train Accidents

Many of us take the train every day, whether we are going to and from work, school, etc. Because the train is such a normal part of our daily routines, it is easy to overlook the dangers as we rush to and from our destinations. When train accidents occur, they are often caused by negligence. The most common forms of negligence include:

  • Railroad employees falling asleep
  • Improper alignment of railroad switches
  • Reckless conductors
  • Excessive speed
  • Failing to comply with orders
  • Railroad employees operating under the influence of drugs or alcohol
  • Failing to secure or release hand brakes
  • Crew members receiving improper instructions

How Long do I Have to File a Claim?

If you are injured due to another party’s negligence, you may be entitled to recover compensation. But, in order to take legal action, you will have to file your personal injury claim within a certain amount of time. This deadline is known as a statute of limitations. Generally, the statute of limitations in New York State is three years, which means individuals will have three years from the date of their accident to take legal action against a negligent party. Unfortunately, train accidents are more complicated. This is because you may be suing a government entity. If you are suing a municipality, you will have to file a Notice of Claim within 90 days of your accident. A Notice of Claim lets the government know that you will be taking legal action. From here, you will have 1 year and 90 days from the accident to file a lawsuit. When you are recovering from a serious injury, it is easy to let important deadlines slip by. To avoid losing your opportunity to recover the compensation you deserve, contact an experienced attorney as soon as possible.

If you or a loved one has been injured in a train accident, contact our firm to speak with a skilled personal injury attorney today.


Hausman & Pendzick effectively represent victims of negligence in Westchester County and across the state of New York. We understand how challenging life can be without financial compensation for serious injuries you have wrongly sustained. If you need a knowledgeable and skilled personal injury attorney to help you recover compensation after an accident, contact Hausman & Pendzick today.