Train Accident Lawyers, Representing Victims in Manhattan, NYC, and New York State For Over 45 Years

This derailment wasn’t random. It was the result of ignored warning and systemic negligence.

Our client boarded a commuter train expecting nothing more than a safe trip home. Instead, due to operator error, inadequate maintenance, and previously unaddressed safety failures, the train derailed at high speed. He was thrown from his seat, crushed under debris, and left with devastating spinal injuries and a traumatic brain injury. In the aftermath, the rail operator attempted to downplay responsibility.

We didn’t let that happen. We exposed the failures. And we delivered results.

At our Manhattan based law firm we’ve handled complex, high-stakes transportation cases for decades. We understand the technical, legal, and emotional landscape of train crashes and the devastating injuries they cause. In the case highlighted above, we obtained a confidential settlement, securing the compensation our client needed to rebuild his life. If you or a loved one was injured in a train crash or derailment, don’t face the rail company alone. Put proven advocates in your corner.

When you hire De Caro & Kaplen, LLP to represent you, you receive counsel from nationally recognized legal experts who are knowledgeable in complex train accident litigation. In addition to being skilled attorneys, our partners Shana De Caro and Michael Kaplen are passionate victim advocates who believe railway companies and operators should be held accountable for their negligence. Our clients’ interests are the focus of every case we handle.

And unlike many firms, your case won’t be handed off to a paralegal or junior associate. You’ll work directly with Shana and Michael, who will personally handle your train accident case from start to finish.

We invite you to visit our bio pages (Shana, Michael) for more information on our credentials, or follow the links below.

• Shana and Michael are recognized as experts in train accident cases, and are often called upon by journalists to provide comment on incidents in the New York area. (link)
• We are preferred attorneys of The Brain Injury Association of America (link)
• Michael is a professorial lecturer at law, teaching a course in brain injury law at the George Washington University Law School (link)
• Shana De Caro served two terms as Chairwoman of The Brain Injury Association of America (link)
• Michael served two terms as Chair of the New York State Traumatic Brain Injury Services Coordinating Council (link)
• Both Shana and Michael have been selected as New York Super Lawyers (link, link)

If you were injured by the negligence of a railroad company, train operator, maintenance crew, or related party we can provide legal assistance.

Our attorneys have found that in many cases, accidents involving subways, commuter trains, and freight trains are preventable. The most common causes of train derailments and collisions are poor maintenance of railroad cars, tracks, and signals as well as the error of engineers and conductors. Railroad crossing accidents are often avoidable if the rail company had properly designed and maintained the gate crossing.

Train accidents don’t always involve a crash or derailment, however. Bystanders can slip and fall beneath a train and be crushed. Railroad workers can be injured as well, especially when they’re not provided with the proper tools, training, and equipment to ensure their safety while on the job. An unsafe worksite and unsafe railroad cars that lead to injury are the railroad's responsibility and they can be held liable to any railroad worker.

If you’ve suffered an injury from a train accident and aren’t sure about liability, please contact us for a free consultation.

Here are some of the most common types of train accident cases we handle. But this list isn’t exhaustive. If you suspect negligence in your situation, please reach out. We’re here to help.

Operator errors and distractions can lead to catastrophic derailments, collisions and other train accidents. Examples include:

• fatigue,
• cell phone use
• inadequate training
• failure to adhere to safety protocols

And can result in severe injuries or fatalities.

Operator error and distraction accounted for 4% of all recorded safety events on the New York Subway in 2022 (source).

Proper train and track maintenance is critical for passenger safety. Mechanical failures arising from inadequate inspections, delayed repairs, or ignored issues have resulted in significant train accidents throughout Manhattan, and New York State.

While mechanical failure is the reported cause of a low percentage of all recorded incidents (around 1% in 2022), even this low number could be further reduced with more rigorous inspections and maintenance.

Derailments can lead to widespread devastation, involving injuries to passengers, railway employees, and nearby residents. Factors include:

• excessive speed,
• faulty rails,
• inadequate track maintenance
• malfunctioning switches

Between 2020 and 2023 there were 28 recorded derailments on the New York City Subway, 7 on the Long Island Railroad, and 2 on the Metro-North (source).

Railroad crossings are hazardous at the best of times. But when signals or barriers fail to operate correctly the risk of a devastating accident increases significantly.

These preventable accidents commonly occur due to poorly maintained warning systems, limited visibility, or insufficient signage.

If you or a loved one were injured in an accident at a railroad crossing, contact our attorneys for a free consultation.

Pedestrian injuries or fatalities are typically caused by lack of proper fencing, inadequate warnings, or failure to secure areas near rail lines effectively. These critical safety failures can result in severe trauma or death. Railroad operators have a legal responsibility to implement rigorous safety precautions, and ensure all barriers and warning signals are properly maintained.

In 2023, there were 241 incidents of trains hitting pedestrians on the subway system alone, with 97 recorded deaths (MTA Rail Control Center incident log via The City NYC).

Every year hundreds of New Yorkers are injured in preventable accidents on the Subway system.

Common injury causes on the Subway include:

• falls on slippery platforms,
• injuries due to abrupt stops,
• derailments from poor maintenance,
• and incidents resulting from overcrowding

NYC transit authorities must ensure passenger safety through routine inspections, timely repairs, and adherence to safety guidelines.

Additional train accident cases we’ve encountered over our 45 yeas in practice include:

• Collisions involving freight trains carrying hazardous materials
• Platform gap incidents causing passenger injuries
• Injuries caused by sudden train stops or accelerations
• Fires on trains due to electrical issues or neglected maintenance

If your train accident injury was caused by the negligence of others you deserve compensation.

Contact us today for a free consultation.

At De Caro & Kaplen, LLP, we know how train accident injuries can devastate your finances, future, and physical and emotional well-being. And we take the steps necessary to prove the full extent of your injuries in a court of law. The preparation of your case starts with an investigation into the factors that caused your accident. Our approach involves:

• Reconstructing the accident with the help of experts
• Reviewing police reports
• Examining railroad safety regulations
• Reviewing maintenance records for the train or subway car
• Interviewing eyewitnesses
• Examining the operator’s history

Our lawyers also work with a team of professionals to gain a clear understanding of the impact of your injuries. We strive to maximize compensation by considering not only medical costs, but also lost wages, future healthcare expenses, and even emotional suffering.

Filing a lawsuit can be stressful. But our partners maintain a limited caseload in order to provide attentive client support and eliminate as much anxiety as possible. You’ll feel confident knowing you have a qualified attorney by your side at every step of your case.

Concerned about the costs of hiring a lawyer? Don’t be. You pay no attorney fees unless we win a settlement or favorable judgment on your behalf.

Our train accident attorneys serve the entire State of New York including New York City, the Bronx, Brooklyn, Manhattan, Staten Island and Queens. We also serve Nassau and Suffolk, Rockland, Westchester Counties, Albany, Buffalo, Rochester and Syracuse and surrounding areas.

New York law limits the amount of time you have to file a personal injury lawsuit and we would urge you to start the legal process as soon as possible after your accident.

While specifics may vary, here is some important information for New York Subway and train accident cases:

MTA, and New York City Transit Authority related cases (subway, LIRR, Metro-North) trigger a 90-day written notice requirement and a compressed 1 year and 90 day statute of limitations.

Missing any notice or filing deadline is usually fatal to the claim, so if you or a loved one have been injured in a train or subway accident in New York we would urge you to contact us for a free consultation as soon as possible.

Your train or Subway accident case starts with one conversation, directly with one of our partners, Shana De Caro or Michael Kaplen.

Why act today?

Because the earlier you file a claim, the better. Missing deadlines will mean your case is unable to move forward.

• No upfront cost – We’re paid only if we win for you.
• Personal attention – Your case is handled start-to-finish by our partners, not passed to a junior associate.
• Proven results – Multi-million-dollar recoveries for New Yorkers injured on train and Subway lines

Don’t let evidence disappear or deadlines expire. Reach out now, and let’s start building the strongest claim possible, together.