New York Railroad/Train Accident Attorney

Swift Evidence Collection is Critical

In railroad accident cases, obtaining evidence quickly is essential to building a compelling case. Key pieces of evidence, such as surveillance footage, witness statements, and accident reports, must be gathered before they disappear or become distorted.

Dealing with Railroad Companies and Their Insurers

Railroad companies and their insurers often work quickly to protect their interests, sometimes attempting to shift the blame onto the injured party. To navigate these challenges, it’s crucial to have a skilled attorney on your side who can effectively counter their tactics. NYC train accident attorney Bruce Glickman understands the strategies employed by these companies and has the experience necessary to protect your rights. He will work tirelessly to gather evidence, interview witnesses, and build a strong case that holds the responsible parties accountable.

Railroad Laws and Safety Regulations in New York

New York has implemented a variety of laws and regulations aimed at ensuring the safety of railroad operations and minimizing risks to the public. These laws cover multiple aspects, from the operation and maintenance of trains to the protection of pedestrians and motorists at crossings. At Levine & Blit, our skilled NYC train accident attorneys have a thorough knowledge of the state and federal laws that will apply in train accident cases.

New York State Railroad Law

The New York State Railroad Law (Railroad Law § 1-100) governs the overall operations of railroads within the state. This law includes provisions related to:

• Track Maintenance: Railroads are required to maintain their tracks in a safe condition to prevent accidents.
• Safety Equipment: Regulations mandate the installation and maintenance of safety devices, such as signals and warning systems at railroad crossings.
• Inspections: Railroads must conduct regular inspections of tracks and equipment to ensure compliance with safety standards.

Public Service Commission Regulations

The New York State Public Service Commission (PSC) has established regulations that govern railroad safety and operational standards. Key provisions include:

• Accident Reporting: Railroads must report accidents and incidents to the PSC within a specific timeframe (16 NYCRR Part 125).
• Train Operation Rules: The PSC regulates the operation of trains, including speed limits, signaling protocols, and crew qualifications (16 NYCRR Part 113).

Railroad Crossings: Vehicle and Traffic Law § 1170-1176

New York’s Vehicle and Traffic Law includes specific provisions for railroad crossings to enhance safety for motorists and pedestrians. Key points include:

• Warning Signs and Signals: Railroads are required to install proper warning signs and signals at crossings to alert drivers of approaching trains.
• Crossing Gates: Where applicable, automatic gates must be installed at certain crossings to prevent vehicles from entering the tracks when a train is approaching.
• Right-of-Way: Vehicles must yield the right-of-way to trains at crossings (VTL § 1170).

Federal Regulations

In addition to state laws, federal regulations also play a significant role in railroad safety. The Federal Railroad Administration (FRA) sets safety standards that apply to train operators in New York, including:

• Hazardous Materials Transportation: Regulations governing the safe transport of hazardous materials by rail (49 CFR Part 172).
• Track Safety Standards: Federal requirements for track inspections and maintenance (49 CFR Part 213).

Occupational Safety and Health Administration Standards

For railroad employees, the Occupational Safety and Health Administration (OSHA) has established safety standards that railroads must follow to ensure worker safety. This includes:

• Workplace Safety Regulations: OSHA regulations for employee safety in the rail industry (29 CFR Part 1910 and 1926).
• Reporting Injuries: Requirements for reporting workplace injuries and maintaining a safe work environment.

Types of Negligence of Our NYC Train Accident Attorney Will Identify to Establish Liability

In the aftermath of a train accident, establishing liability is necessary for victims seeking compensation for their injuries. Our experienced train accident attorney in New York City, Bruce Glickman, Esq. and his team will carry out a thorough investigation into the negligence of various parties involved.

Negligence of the Train Driver

• Failure to Follow Protocols

Train drivers are required to adhere to strict operating procedures, including speed limits and signaling rules. If a driver fails to follow these protocols, it can lead to catastrophic accidents.

• Distracted Driving

Just like any other motorist, train drivers can be distracted by onboard distractions, communication devices, or other factors. If a driver’s inattention contributes to an accident, this may constitute negligence.

• Impairment

Operating a train under the influence of drugs or alcohol is a severe violation of safety regulations. If a driver is found to be impaired at the time of the accident, it can significantly impact liability.

• Inadequate Training

Train drivers must undergo rigorous training to handle various scenarios and emergencies. If a driver is inadequately trained and this contributes to an accident, it can be a basis for negligence.

Negligence of the Railroad Operations Team

• Poor Communication

The train operations team, including conductors and engineers, must communicate effectively to ensure safe operations. Breakdowns in communication can lead to mistakes, such as failure to warn of an upcoming stop or hazard.

• Inadequate Monitoring

The operating team is responsible for monitoring the train’s systems and surroundings. If they fail to notice critical safety issues, such as track obstructions or malfunctioning signals, they may be deemed negligent.

• Ignoring Warning Signals

Operating teams must heed all warning signals from trackside personnel or automatic systems. Ignoring these signals can lead to disastrous consequences and establish negligence.

Negligence of the Railroad Company

• Failure to Maintain Equipment

Railroad companies must ensure that all trains and equipment are regularly maintained and in safe working condition. Neglecting this responsibility can lead to equipment failure and accidents.

• Inadequate Safety Procedures

Railroad companies must implement and enforce safety procedures for their employees. If they fail to provide adequate training or safety protocols, they can be held liable for accidents resulting from this negligence.

• Poor Track Maintenance

Railroad companies are responsible for the upkeep of tracks, including regular inspections and repairs. Neglecting to maintain tracks can lead to derailments and serious accidents.

• Failure to Comply with Regulations

Railroad companies must comply with both federal and state regulations governing railroad safety. Non-compliance with these regulations can result in legal liability if an accident occurs.

Minimum Liability Insurance in New York for Railroads

In New York, the minimum liability insurance requirements for railroads are essential in safeguarding the rights of injured victims and ensuring they receive adequate compensation in the event of an accident. These insurance requirements help cover various damages, including medical expenses, lost wages, and pain and suffering resulting from injuries sustained in railroad accidents.

Federal Liability Insurance Requirements

Railroads operating in New York are subject to federal regulations regarding minimum liability insurance. The Federal Railroad Administration (FRA) mandates that freight and passenger railroads maintain the following minimum coverage:

• Freight Railroads

Generally, freight railroads are required to maintain a minimum liability coverage of $1 million per accident. Based on this, depending on the specific operations, risk factors, and the nature of the freight being transported, coverage can range from $1 million to $5 million or more.

• Passenger Railroads

For passenger railroads, the minimum coverage requirement is typically $2 million per accident. However, some commuter and intercity rail services may carry higher limits ranging from $2 million to $10 million or more, especially in cases where the railroads are serving high-volume routes or transporting large numbers of passengers.

New York State Liability Insurance Requirements

In addition to federal regulations, New York State imposes its own liability insurance requirements on railroads operating within its jurisdiction. The New York State Department of Transportation (NYSDOT) mandates that railroads maintain liability insurance for public safety purposes. The specifics may vary based on the type of operation (freight vs. passenger) and the railroad’s risk profile, but generally include:

• General Liability Insurance

Railroads may also have general liability insurance that can range from $1 million to $5 million depending on the railroad’s operations, size, and risk factors associated with the routes and areas served. This insurance aims to cover any claims arising from injuries to third parties, including pedestrians, in addition to workers’ compensation for their employees.

Count on Our Experienced New York Railroad Accident Attorneys to Support You

If you have been injured in a railroad accident, reach out to Levine & Blit, your fierce advocates in New York. Our skilled New York railroad accident lawyers possess the trial-tested experience and resources necessary to take on powerful railroad companies and large insurance carriers. We are prepared to fight tooth and nail for the largest possible compensation you are entitled to. Don’t let the railroad giants intimidate you; contact us today for a free case evaluation and let our top-tier legal team work for you. Call now at 516-987-8790; Bruce is available 24/7 and our firm also offers services in Spanish to accommodate your needs.