Train Accident Lawyer in Westchester County, NY

Your Trusted Partner After a Train Accident in Westchester, NY

The aftermath of a train accident can be overwhelming, as physical pain, emotional trauma, mounting medical bills, and uncertainty all pile on. At Tomkiel & Tomkiel, we understand the challenges you face, and we’re committed to providing unwavering support and legal guidance during this difficult time.

Our experienced train accident lawyers will:

Conduct a Thorough Investigation

We’ll leave no stone unturned in our quest to uncover the truth behind your accident. Our team will meticulously examine the evidence, interview witnesses, and consult with experts to determine the cause of the incident.

Identify All Responsible Parties

Liability can extend beyond the train operator to include the train company, maintenance crews, equipment manufacturers, and even government entities. We’ll thoroughly investigate to ensure all at-fault parties are held accountable.

Navigate Complex Regulations

Train operations are governed by a complex web of state and federal regulations. We’ll analyze and interpret these legal structures to make sure your rights are protected and you receive the maximum compensation allowable under the law.

Build a Strong Case

We’ll consult with leading experts in accident reconstruction, engineering, and medicine to build a compelling case that supports your claim for damages.

Provide Aggressive Negotiation

We’ll stand as your unwavering advocate in negotiations with insurance companies and other parties. Our goal is to secure a fair and just settlement that covers your medical expenses, lost wages, pain and suffering, and other losses.

Litigate Fearlessly in Court

If a fair settlement cannot be reached, we are fully prepared to take your case to trial. Our skilled litigators will present a compelling case before a judge and jury, fighting tirelessly to secure the compensation you deserve.

We’ll take the weight of legal complexities off your shoulders, allowing you to focus on healing and rebuilding your life.

Our No-Fee Promise

At Tomkiel & Tomkiel, we understand that the financial burden following a train accident can be overwhelming. That’s why we operate on a contingency fee basis, which means you pay nothing upfront for our services. We only get paid if we successfully recover compensation for you.

This allows you to focus on your physical and emotional recovery — without the added stress of legal fees. Our commitment is to your well-being and securing the justice you deserve, regardless of your financial situation.

Take the First Step Toward Justice by Contacting Us Now

If you’ve been injured in a train accident, time is of the essence. Don’t delay in seeking legal representation — contact us today to discuss your case and explore your options.

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Common Causes of Train Accidents in Westchester County

Train accidents can occur due to a variety of factors, often stemming from negligence or a disregard for safety protocols. Some of the most common causes include:

Human Error

Negligence by train operators, conductors, signal operators, or maintenance personnel can lead to catastrophic accidents. This can include speeding, failing to follow proper procedures, or working while fatigued or impaired.

Equipment Malfunction

Defective brakes, signals, or other equipment can contribute to accidents.

Track Defects

Poorly maintained tracks — including broken rails, misaligned switches, or inadequate ballast — can cause derailments or other accidents.

Inadequate Safety Measures

Insufficient safety protocols, a lack of proper training, or inadequate warning systems can increase the risk of accidents.

Overcrowding

Overcrowded trains can exacerbate the severity of injuries in the event of an accident.

Train Derailments

Train derailments, though rare, can have catastrophic results. Proper maintenance and safety measures are crucial to prevent such incidents.

Understanding the potential causes of train accidents is important in determining liability and holding responsible parties accountable for their negligence. Our team will meticulously investigate all contributing factors to ensure you receive the full compensation you deserve.

Common Types of Train Accident Injuries

Train accidents often result in severe, life-altering injuries, including:

Traumatic Brain Injuries

These injuries occur when a sudden jolt or impact damages the brain, and they can range in severity from mild concussions to severe, life-threatening injuries. Symptoms can include headaches, dizziness, memory problems, difficulty concentrating, personality changes, and emotional instability. Long-term effects can be debilitating, impacting cognitive function, physical abilities, and overall quality of life.

Spinal Cord Injuries

Damage to the spinal cord can result in partial or complete paralysis, affecting sensation, movement, and bodily functions. These injuries often require extensive medical care, rehabilitation, and ongoing support.

Broken Bones

The immense force of a train accident can easily cause broken bones and fractures. These injuries often require surgery, casting, and prolonged physical therapy. Recovery can be lengthy and painful, potentially leading to long-term complications.

Knee Injuries

The impact and forces involved in a train accident can cause significant knee injuries, including ligament tears (ACL, MCL), meniscus tears, fractures, and dislocations. These injuries can be debilitating and require extensive treatment, including surgery, physical therapy, and potentially long-term pain management.

Burn Injuries

Fires or explosions resulting from train accidents can cause incredibly painful burns that require extensive treatment like skin grafts, surgery, and ongoing wound care. Scarring and long-term complications are common.

Catastrophic Injuries

Due to their potential for catastrophic consequences, train accidents can tragically result in death.

Internal Injuries

Internal bleeding, organ damage, and other internal injuries can be life-threatening and require immediate medical attention. These injuries are often not visible externally, making prompt diagnosis and treatment critical. Complications can arise, requiring ongoing medical care and monitoring.

Amputations

In the most severe cases, amputations may be necessary due to the devastating nature of injuries sustained in a train accident. An amputation is a life-altering event that requires extensive rehabilitation and adaptation.

Lacerations and Abrasions

Cuts, scrapes, and other wounds can result from the impact or shifting of debris during a train accident. These injuries can range from minor to severe, requiring proper wound care and potentially leaving lasting scars.

Psychological Trauma

Post-traumatic stress disorder, anxiety, and depression are common after traumatic train accidents. These conditions can affect a person’s ability to cope with daily life, requiring therapy and ongoing support.

We understand the profound impact these injuries can have on your life. Our team is dedicated to fighting for the compensation you need to cover medical expenses, rehabilitation, lost wages, and the long-term care you may require.

What to Do After a Westchester Train Accident

The aftermath of a train accident can be overwhelming, but taking the right steps can protect your rights and pave the way for a successful recovery. Here’s what you should do:

• Seek immediate medical attention: Even if you don't feel seriously injured, seek medical attention immediately. Some injuries may not be apparent right away.
• Report the accident: Inform the train company and the authorities about the accident. This creates an official record of the incident and is crucial for your legal claim.
• Gather evidence: If possible, document the scene of the accident by taking photographs and videos. Collect contact information from any witnesses.
• Contact a train accident lawyer: Reach out to a train accident lawyer as soon as possible. They can protect your rights and help you pursue compensation.
• Follow your lawyer's guidance: Your lawyer will advise you on your best course of action at every turn.
• Focus on your recovery: While your attorney handles the legal work, prioritize your physical and emotional recovery. Follow your doctor's recommendations, and seek support from loved ones or mental health professionals if needed.

By taking these steps, you can navigate the legal process with confidence and focus on rebuilding your life. Remember, you’re not alone — Tomkiel & Tomkiel is here to support you every step of the way.

What Damages Can I Recover in a Westchester Train Accident Lawsuit?

If you’ve been injured in a train accident, you may be entitled to recover various damages, including:

• Medical expenses: Past and future medical costs, including hospital bills, doctor visits, surgeries, medications, and rehabilitation.
• Lost wages: Compensation for income lost due to your injuries and inability to work, both past and future.
• Pain and suffering: Damages for the physical pain, emotional distress, and mental anguish you've experienced as a result of the accident.
• Loss of enjoyment of life: Compensation for your diminished quality of life due to your injuries and limitations.
• Permanent disability: Damages for any permanent impairments or disabilities resulting from the accident.
• Wrongful death damages: A family’s compensation for loss of companionship, support, and income in cases of fatal accidents.

Our team will work diligently to assess the full extent of your damages and fight to secure the maximum compensation you’re entitled to.

Determining Liability in a Train Accident in Westchester County

Determining who is liable in a train accident can be a complex undertaking. Potentially liable parties may include:

• Train operators: If the train operator was negligent, whether by such as speeding, getting distracted, or failing to follow proper procedures, they may be held liable.
• Train companies: The train company may be liable if they failed to adequately train their employees or if they failed to properly maintain the train, tracks, or signals.
• Maintenance crews: If improper maintenance or repairs contributed to the accident, the maintenance crews or their employers may be held responsible.
• Equipment manufacturers: If a defective part or equipment malfunction played a role in the accident, the manufacturer may be held liable under product liability laws.
• Government entities: In some cases, government entities responsible for overseeing train safety regulations or maintaining infrastructure may be held liable for negligence.
• Railroad companies: If proper safety standards are not met, railroad companies can be held liable for injuries suffered by their workers.

Our Westchester train accident lawyers will meticulously investigate the accident to identify all responsible parties and hold them accountable for their actions (or inactions).

Statute of Limitations for Train Accident Lawsuits in New York

In New York, the statute of limitations for filing a train accident lawsuit is generally 1 year and 90 days from the date of the accident, as most trains are owned by public authorities. However, there may be exceptions depending on the specific circumstances of your case, so it’s important to consult with an attorney as soon as possible to ensure you don’t miss any deadlines.