According to the Federal Railroad Administration, there were 812 railroad crossing accidents in 2021 alone. Because of the size, weight, and speed of trains, these collisions can have disastrous consequences for vehicle occupants.
If you’ve been injured in an accident involving a train at a marked crossing, you may be entitled to compensation. Unfortunately, securing a payout in cases like this can be tricky. It’s often challenging to prove that negligence is the reason for a railroad accident, and engaging in legal action against a government-funded transportation agency poses difficulties as well.
That’s why it’s important to hire a tried and tested law firm to help you build the strongest possible case.
How New York Railway Crossing Lawsuits Work
If you get into a railroad accident and your no-fault insurance coverage is insufficient to meet all the expenses related to your medical bills, lost earnings, and property damage, you may need to file a lawsuit against the at-fault party. This might be the rail company (such as Amtrak, or a freight company), the Metropolitan Transportation Authority (MTA), or the New York State Department of Transportation (NYSDOT). It might also be a third party responsible for maintenance, signal system installation, or construction work at the crossing.
In this situation, it’s important to involve a litigation-focused law firm in the process as early as possible. The defendant’s insurance company will have an army of attorneys, claims specialists, and other experts on hand to fight claims like yours. These efforts are often successful, even when plaintiffs have seemingly strong cases.
Our legal team has decades of experience and a proven track record of maximizing settlements, so we’re strongly positioned to help you pursue your compensation entitlements. We’ll assess data from locomotive cameras, black box recorders, and signal switch records to determine who was at fault for your accident and hold them accountable.
You should note that the statute of limitations (the deadline before which you must file a lawsuit) is three years from the date of injury for most personal injury claims. In wrongful death cases, the deadline is two years from the date of death.
However, if you’re bringing a claim against a municipal body (such as the State Department of Transportation), you may have much less time than this to start the process. Additionally, while the statute of limitations sets out the legal time limit for filing lawsuits, you should actually begin the process as quickly as you can. The sooner you start working on your case, the better your chances of success will be.
You may be worried about investing in legal representation; however, with Tucker Lawyers, that doesn’t need to be a concern. Our attorneys work on a contingency-fee basis, so if you don’t win your case, we don’t get paid. We also offer free, no-obligation initial consultations.
Frequently Asked Questions (FAQs)
How will my medical bills get paid?
If you were the driver or passenger in a car that was struck by a train, your medical bills should be paid for by the insurance company for the car that you were in. You must file a “no fault” application with the insurance company within 30 days from the date of the accident; if you fail to do so, you have waived your right to claim for benefits. If you were a pedestrian or bicyclist that was struck by a train and have private health insurance, your medical bills will be paid by your insurer. If you do not have health insurance, your medical bills will be submitted as an item of special damages as part of your claim against the liable party.
How much is my case worth?
No competent attorney will try to tell you how much your case is worth before reviewing all of the relevant documentation. If you visit us for a free initial consultation, we’ll be able to provide you with an estimate of the potential value of your case.
Does it help if I have pictures of the location where the accident happened?
Yes. Photographic evidence is frequently crucial in proving personal injury cases, which is why we encourage everyone to capture as many photos and videos as possible immediately after accidents.
Does it make a difference if someone else was injured in a similar situation?
Yes. If an incident similar to yours has previously occurred, it can help to prove that the responsible entity knew about the dangerous conditions and did not do enough to address them.
Is it OK that I gave a statement at the time of the incident?
Yes. You should always cooperate with police at the scene of an accident. However, you should avoid making statements directly to an insurance company; ideally, you should allow your lawyer to handle all of these interactions on your behalf.
Mistakes to Avoid After a Railroad Crossing Accident
To give yourself the best possible chance of maximizing your compensation following a railway accident, you should try to avoid:
- Admitting fault at the scene of the accident, or discussing blame for the accident in general
- Failing to take pictures and videos of the scene of the accident
- Assuming you will feel better and not seeking medical attention
- Trusting an insurance company to deal with you fairly.
Work With a New York Railroad Crossing Attorney Who Will Fight for Your Rights
If you’ve been injured in a railroad accident, it’s imperative that you start the process of pursuing compensation as soon as possible. Contact Tucker Lawyers today to schedule a free initial consultation. You can reach us via our online contact form or over the phone at (516) 399-2364.

Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]