Our Railroad Accident Lawyers Provide Experienced and Aggressive Representation

When it comes to railways, there are no minor accidents. If you were seriously injured in a train accident as a railroad worker, a passenger, or a driver struck at a crossing, the railroad accident attorneys at Hofmann & Schweitzer fight to recover the maximum compensation you and your family deserve. Injured railroad employees have special rights under the federal Federal Employers' Liability Act (FELA), and passengers and drivers can pursue the railroad or transit authority responsible for the crash. With more than 35 years representing injured clients throughout New York City's five boroughs and New Jersey, our attorneys work up every case for trial from the start.

Call our New York office at 212-465-8840 or our New Jersey office at 908-393-5662 for a FREE case evaluation.

Free Railroad Accident Consultation

Railroad Accident Victims We Represent

Railroad accidents can devastate individuals and families, and our legal team is dedicated to helping them obtain the care and compensation they need to move forward. We handle railroad accident claims for many types of clients, including:

Injured Railroad Workers (FELA Claims)

For those who work on the railroad, injuries can occur while trains are in motion or during maintenance. We represent injured railroad employees — including machinists, trackmen, conductors, and engineers — in FELA claims and third-party lawsuits, a route to full compensation that is unique to railroad employees. This includes injuries from sudden accidents as well as cumulative and repetitive-motion injuries, and long-latency illnesses such as asbestos exposure and mesothelioma.

Injured Train Passengers

We help clients who have suffered catastrophic injuries in train crashes. With decades of experience handling severe train passenger injury claims, our attorneys bring claims against the railroad company, transit authority, and their insurance carriers to maximize your compensation.

Drivers and Pedestrians Hit at Crossings

We represent drivers who suffered train injuries due to defective railroad crossing barricades and other causes, as well as pedestrians struck near crossings and platforms. The physical injuries and property damage in these cases are severe, and our attorneys fight aggressively to identify who pays after a railroad crossing accident.

Families in Fatal Railroad Accident Cases

When a railroad accident takes a life, we help surviving family members pursue justice and financial security. Learn how to get help after a fatal New York railroad accident.

FELA: Special Rights for Injured Railroad Workers

Railroad workers are not covered by ordinary state workers' compensation. Instead, they are protected by the Federal Employers' Liability Act (FELA), a federal law that allows an injured railroad worker to sue their employer for negligence. FELA is far more favorable to workers than workers' compensation because it allows recovery of full damages, including pain and suffering, and uses a worker-friendly standard of proof: you only need to show that the railroad's negligence played some part, even a slight one, in causing your injury. Learn more about the difference between FELA and workers' compensation.

Railroads and their insurers move quickly to limit liability, sometimes trying to classify a work injury as non-occupational or shift blame onto the worker. Protecting your rights starts the moment you are hurt — see why promptly reporting your injury to your employer is so important, and review these five tips for a successful FELA claim. In New Jersey, additional whistleblower protections may apply under the New Jersey Transit Railroad Employee Protection Act.

Common Types of Railroad Accidents

Railroads present many hazards, and accidents differ from other crashes because of the mass and high speed of trains. According to the rail safety organization Operation Lifesaver, the force of a freight train hitting a car is comparable to a car crushing an aluminum soda can, which leaves accident victims with little protection against serious, debilitating injuries. The Federal Railroad Administration records thousands of rail incidents, injuries, and deaths across the country every year. The most common types of train accidents include:

• Derailments
• Train-and-vehicle collisions at crossings
• Train-and-train collisions
• Railroad crossing accidents
• Platform and boarding accidents
• Subway and transit accidents — including questions of who pays for a New York City subway accident
• Railroad switching and yard accidents — review tips to avoid railroad switching accidents

Many rail accidents are preventable and trace back to human error, inadequate maintenance, or safety violations rather than pure chance — our attorneys examine whether human error or negligence caused the crash, including hazards like distracted, cell-phone-related railroad operations.

Why Railroad Injury Law Is Different

The law governing railways and rail injury cases combines state and federal statutes, which makes these claims more complex than a typical personal injury case. Navigating the system can be frustrating and confusing, and victims need experienced, effective guidance so they can focus on recovery while their rights are protected.

Importantly, rail carriers are held to a higher degree of care toward their passengers than most other injury defendants. That heightened duty can make a railroad more culpable when something goes wrong. At the same time, railroad workers' FELA claims turn on proving employer negligence — and railroads often raise predictable defenses. Our attorneys know the excuses railroad employers use and how to overcome them, and when appropriate we push for a Federal Railroad Administration investigation of the accident.

Compensation for Railroad Accident Victims

Because railroad injuries are frequently catastrophic and require expensive, lifelong care, full and fair compensation is critical. Depending on your case, you may be able to recover:

• Medical expenses — all past and future treatment, surgery, rehabilitation, and long-term care
• Lost wages and lost earning capacity — including future income if you cannot return to railroad work
• Pain and suffering — physical pain and emotional distress, which FELA allows but workers' compensation does not
• Permanent disability and disfigurement
• Loss of enjoyment of life
• Wrongful death damages — for surviving family members, including funeral costs and loss of support

Railroad workers may also have both a FELA claim and a separate third-party claim, which our attorneys evaluate together to maximize your total recovery.

How We Build Strong Railroad Accident Cases

We take a focused, aggressive approach and work up every case for trial from the start, which best positions our clients for settlement negotiations and, when necessary, litigation. Our team moves immediately to:

• Preserve the accident scene, equipment, and event-recorder ("black box") data before it is altered
• Interview crew members, passengers, and other witnesses while memories are fresh
• Obtain maintenance, inspection, dispatch, and safety records from the railroad
• Investigate compliance with Federal Railroad Administration and safety regulations, including whether the FRA's passenger train safety guidance was followed
• Work with railroad safety experts, engineers, and medical specialists to prove negligence and document your injuries

This preparation is especially important in claims involving repetitive-stress injuries like carpal tunnel syndrome, where railroads often dispute the work-relatedness of the condition.

Railroad Accident Case Results

Our firm has recovered substantial compensation for injured railroad workers and other rail accident victims, including $2.45 million for a worker injured at a New York Amtrak facility, $657,264 at trial for an injured PATH railroad worker, and a recovery for a NYC railroad machinist. View more railroad accident case results.

Frequently Asked Questions About Railroad Accidents

What is FELA and how is it different from workers' compensation?

FELA, the Federal Employers' Liability Act, is a federal law that lets injured railroad workers sue their employer for negligence, rather than being limited to no-fault workers' compensation. Unlike workers' compensation, FELA allows an injured railroad worker to recover full damages, including pain and suffering, when the railroad's negligence contributed to the injury. FELA uses a worker-friendly standard: you only need to show the railroad's negligence played some part, even a slight one, in causing your injury.

Who can be held liable for a train or railroad accident in New York?

Depending on how the accident happened, liable parties may include the railroad company, a transit authority such as the MTA, Metro-North, LIRR, NJ Transit, PATH, or Amtrak, equipment manufacturers, maintenance contractors, or other negligent drivers. Injured railroad employees typically pursue the railroad under FELA, while injured passengers and drivers bring claims against the railroad or transit agency and its insurer. Rail carriers are held to a very high degree of care toward their passengers.

How long do I have to file a railroad accident or FELA claim?

FELA claims by railroad workers generally have a three-year statute of limitations from the date of injury. Claims by passengers or drivers can have much shorter deadlines, and cases against public transit authorities often require a notice of claim within 90 days. Because deadlines vary and evidence disappears quickly, it is important to report your injury and consult a railroad accident attorney as soon as possible.

What compensation can I recover after a train accident in New York?

Railroad accident victims may recover compensation for past and future medical expenses, lost wages and lost earning capacity, pain and suffering, permanent disability and disfigurement, and loss of enjoyment of life. In fatal cases, surviving family members may recover funeral expenses and damages for their loss. Because railroad injuries are often catastrophic and require lifelong care, the value of these claims can be substantial.

What should I do after a railroad injury?

Seek immediate medical attention and, if you are a railroad worker, report the injury to your employer in writing as soon as possible, since prompt reporting protects your FELA rights. Document the scene, gather witness information, keep copies of all reports and medical records, and avoid giving recorded statements to the railroad or its insurer before speaking with an attorney. Contact an experienced railroad accident lawyer to protect your claim and preserve evidence.

Do I need a lawyer for a railroad accident claim?

Yes. Railroad and FELA cases involve a complex mix of state and federal law, and railroads have experienced legal teams and investigators working to limit their liability from the moment an accident happens. An experienced railroad accident attorney understands FELA, transit authority rules, and how to prove negligence and maximize compensation. Most railroad injury lawyers, including our firm, work on a contingency fee basis, so there are no upfront costs and no fee unless you recover.

Why Choose Hofmann & Schweitzer for Your Railroad Accident Case

For more than 35 years, Hofmann & Schweitzer has represented seriously injured clients throughout New York City's five boroughs and New Jersey, including railroad workers, transit employees, passengers, and their families. We take a focused, aggressive approach, work up every case for trial from the start, and have the resources to take on major railroads, transit authorities, and their insurers. We handle railroad accident and FELA claims on a contingency fee basis: no upfront fees, we advance all costs, and you owe nothing unless we win. Explore our railroad accident library and railroad accident FAQs to learn more about your rights, and see how our attorneys handle transit and subway accident investigations.

Contact Our New York & New Jersey Railroad Accident Lawyers

Discuss your case with an experienced attorney at Hofmann & Schweitzer. We will help you understand your rights as a railroad accident victim and pursue the maximum compensation available. During your free consultation, our railroad accident attorneys will review how your accident occurred, explain whether you have a FELA or third-party claim, discuss the compensation you may recover, and outline a strategy for your case — at no cost and no obligation.

New York Office: 212 W 35th St Fl 12, New York, NY 10001 — 212-465-8840
New Jersey Office: 1130 US-202 Ste A7, Raritan, NJ 08869 — 908-393-5662

Proudly serving injured railroad workers, passengers, and families throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Newark, Jersey City, and the surrounding region. You can also contact us online or call 800-362-9329 to schedule your free consultation. Our railroad practice is part of our broader New York and New Jersey personal injury practice, and we also handle related traumatic brain injury and spinal cord injury claims.

Free Railroad Accident Consultation