Long Island Rail Road Accident Lawyer

The Long Island Rail Road carries hundreds of thousands of passengers every day, making it the busiest commuter railroad in North America. When something goes wrong on that system, whether on a platform in Jamaica, a level crossing in Nassau County, or inside a train car somewhere along the Babylon Branch, the consequences can be severe. Crush injuries, fractures, traumatic brain injuries, and wrongful deaths all occur within the LIRR system with a regularity that rarely makes the front page. Riders and workers who are hurt often discover quickly that the legal framework governing railroad injury claims is unlike anything they have encountered before, and that navigating it without the right legal help costs them dearly.

Claims against the Long Island Rail Road are not handled like ordinary personal injury cases. The LIRR is a public benefit corporation operated by the Metropolitan Transportation Authority, which means special rules govern how claims are filed, what deadlines apply, and who can be held liable. For railroad employees specifically, federal law governs the claim entirely, stripping away the standard workers compensation process and replacing it with a different system that places the burden on the injured worker to prove negligence. A Long Island Rail Road accident lawyer who understands both the MTA’s institutional defenses and the federal standards that apply to employee claims brings a fundamentally different capability to these cases than a general personal injury attorney does.

Cohan Law Firm represents injury victims throughout the New York City metro area and Long Island, including riders, commuters, station workers, track laborers, and bystanders hurt in LIRR-related incidents. If you have been injured on or around the Long Island Rail Road, the decisions you make in the first days and weeks after the incident will shape everything that follows.

What Causes LIRR Accidents and Who Bears Legal Responsibility

The Long Island Rail Road operates over 700 miles of track, across more than 100 stations, with diesel and electric lines stretching from Penn Station and Atlantic Terminal in Brooklyn all the way to Montauk and Port Jefferson. The sheer scale of the system creates an enormous range of potential failure points, and liability rarely falls on a single party when an accident occurs.

Platform conditions are among the most common sources of passenger injuries. Wet or slippery surfaces, inadequate lighting, gap hazards between the platform edge and train cars, and overcrowding during peak hours contribute to falls that result in serious fractures and head injuries. The MTA and the LIRR owe passengers a duty of reasonable care in maintaining safe conditions at each station, and when that duty is breached, they can be held accountable.

Train derailments, sudden stops, and collisions create a different category of injury. When a train stops abruptly without warning, passengers who are standing or walking between cars absorb enormous force with nothing to brace against. These incidents produce shoulder dislocations, knee injuries, spinal trauma, and in the worst cases, permanent disability. Mechanical failure, signal errors, operator negligence, and inadequate maintenance schedules all factor into why these events happen.

Level crossing accidents represent another major category. Across Nassau and Suffolk Counties, dozens of at-grade crossings exist where vehicle traffic crosses active LIRR tracks. When warning gates malfunction, sight lines are obscured, or signals fail, collisions between vehicles and trains produce catastrophic outcomes. Liability in crossing accidents can extend beyond the railroad to include municipalities responsible for road design and crossing maintenance.

For LIRR employees, including track workers, electricians, signalmen, and conductors, injuries on the job are governed by the Federal Employers’ Liability Act (FELA), a federal statute that allows injured railroad workers to sue their employer in court rather than file a workers compensation claim. Under FELA, the employee must prove that the railroad’s negligence played some part in causing the injury. The standard is more favorable to workers than ordinary negligence law in some respects, but it still requires building an evidence-based case, and the LIRR employs experienced defense teams specifically to minimize FELA payouts.

Types of LIRR Accident Claims Handled by Our Firm

• Passenger slip and fall injuries on platforms: Wet platforms, debris, uneven surfaces, and poorly lit stairwells at stations from Penn Station and Atlantic Terminal to Bay Shore and Huntington create conditions where passengers fall and suffer fractures, head injuries, and soft tissue damage that can require months of treatment.
• Gap and boarding accidents: The space between certain LIRR train cars and platforms can be wide enough to trap a foot or cause a fall during boarding or exit, particularly at older stations where platform heights and car configurations do not align properly.
• Train derailments and emergency stops: Sudden, unannounced stops caused by mechanical failure, signal issues, or operator error throw standing passengers off balance and into seats, poles, and other structures, producing injuries that are often more serious than they initially appear.
• Level crossing collisions in Nassau and Suffolk: Accidents at grade crossings throughout Long Island, including locations with a documented history of near-misses and complaints, often involve questions of shared liability between the LIRR and the local municipality that controls the roadway approach.
• FELA claims for LIRR workers: Track laborers, maintenance crews, engineers, and conductors injured on the job are entitled to sue the LIRR under federal law. These claims require demonstrating employer negligence and are procedurally distinct from standard workers compensation claims in New York.
• Wrongful death cases: Some LIRR accidents result in fatalities, including trespasser incidents, vehicle-train collisions, and platform falls. Surviving family members may have claims for wrongful death damages, and the applicable legal framework depends on whether the deceased was a passenger, employee, or third party.
• Station premises liability: Beyond the platforms themselves, LIRR and MTA-controlled station buildings, parking facilities, stairways, and escalators present liability exposure when negligent maintenance causes injury to riders and visitors.

Steps to Take After an LIRR Accident Before the Deadlines Pass

Claims against the MTA and the Long Island Rail Road are subject to some of the most aggressive notice requirements in New York law. Before you can pursue a lawsuit against a public authority like the MTA, you must file a Notice of Claim, a formal written notice of your intent to seek compensation, within 90 days of the date the injury occurred. Missing that 90-day window can eliminate your right to recover entirely, regardless of how strong your case would otherwise be. This is not a technical formality that courts overlook. The MTA enforces it consistently, and cases are dismissed on this basis with regularity. Contact an attorney as soon as possible after your injury, not months later when the deadline has already passed.

After the Notice of Claim is filed, the MTA typically has an opportunity to examine you under oath at a hearing before litigation formally begins. This examination, sometimes called a 50-h hearing, is your first formal encounter with MTA counsel and must be handled carefully. What you say there will be used throughout the case. Preparing for that hearing with legal counsel rather than attending alone makes a significant difference in how the rest of the claim develops.

At the scene, if you are physically able, document as much as possible. Photograph the exact location where you were injured, including any wet floors, platform gaps, debris, or warning signs that were missing or inadequate. Get the names and contact information of anyone who witnessed what happened. If LIRR or MTA staff responded, note their names or badge numbers. Ask for an incident report to be filed on the spot, and request a copy. Medical care should come first, but evidence gathered within hours of the accident is almost always stronger than evidence gathered weeks later.

For injured LIRR employees pursuing FELA claims, the process differs. These claims are filed in federal court or state Supreme Court, not through the Workers Compensation Board. The LIRR’s claims department may approach you shortly after an injury offering a settlement, sometimes before you fully understand the extent of your injuries. Accepting any payment or signing any document before speaking with an attorney can severely limit your ability to recover the full value of your claim later. Seek legal counsel before you have any substantive conversation with LIRR or MTA representatives about compensation.

Medical records are the foundation of any LIRR injury claim. Seek treatment immediately and be thorough in describing your symptoms. Injuries that go undocumented in the days following an accident are routinely used by defense lawyers to argue that the injuries either did not happen as described or were caused by something unrelated to the railroad incident. Continuing to follow through on all recommended treatment also matters, because gaps in treatment give insurance and defense teams room to argue that you were not as seriously hurt as you claim.

Why Cohan Law Firm Handles LIRR Injury Cases Differently

Cohan Law Firm has recovered over $100 million for accident victims across New York City and the surrounding region. That track record was built by taking on large institutions, including public authorities and their insurers, and building cases strong enough to produce meaningful results. The firm’s attorneys come from large firm backgrounds and bring the kind of litigation depth that institutional defendants like the MTA expect to face from serious adversaries, not from firms that treat every case as a negotiation exercise.

Several of our attorneys are members of the Multi-Million Dollar Advocates Forum, a recognition reserved for trial lawyers who have secured verdicts and settlements of one million dollars or more. When an LIRR accident produces catastrophic injuries, permanent disability, or wrongful death, the difference between a competent settlement and a transformative recovery often comes down to whether the other side believes you will take the case to trial. That credibility is built over years of litigation history, and it matters in LIRR cases more than in most personal injury contexts because the MTA has experienced defense counsel who know exactly which firms will push and which ones will settle early.

The firm carries more than 550 five-star client reviews, and a consistent theme running through those reviews is communication. Clients describe being kept informed at every stage, having calls returned, and feeling like their case received individual attention rather than being processed through a volume practice. In a case involving a public authority notice deadline as tight as 90 days, that kind of attentiveness is not just a nice feature; it can determine whether you have a case at all.

Cohan Law Firm also handles consultations and retainer agreements digitally, so clients who are recovering from serious injuries do not need to travel to an office to get legal representation started. For someone immobilized by a spinal injury or confined to a hospital bed following an LIRR accident, that accessibility is often the first real form of relief a law firm can provide.

Questions About LIRR Accident Claims

What is the deadline for filing a claim against the LIRR or MTA?

You must file a Notice of Claim against the MTA within 90 days of the date of your injury. This deadline is a prerequisite to filing a lawsuit, and courts are strict about enforcing it. There are limited circumstances in which late filing may be permitted, but these are narrow exceptions and not something to count on. After the Notice of Claim is filed, you generally have one year and 90 days from the date of the accident to commence the actual lawsuit. Because of how quickly these deadlines arrive, reaching out to a Long Island Rail Road injury attorney as soon as possible after the incident is critical.

Can I sue the LIRR as a passenger if I was injured during a sudden stop?

Yes. Passengers who are injured during abrupt or unexplained stops may have a valid claim against the LIRR for negligent train operation or maintenance. Common carriers like the LIRR owe passengers a heightened duty of care. That means the standard applied to their conduct is more demanding than ordinary negligence. You will need to establish that the stop was caused by something the railroad was responsible for, such as a mechanical failure, signal error, or operator mistake, rather than an unavoidable emergency. Medical documentation and incident reports from the date of the accident are essential to building that case.

How are LIRR worker injury claims different from standard workers compensation claims?

LIRR employees are covered by the Federal Employers’ Liability Act, which completely replaces New York’s workers compensation system for railroad workers engaged in interstate commerce. Under FELA, you sue the railroad directly in court rather than filing an administrative claim. You must prove that the railroad was negligent in some way that contributed to your injury. However, FELA uses a very plaintiff-friendly causation standard, so even a small degree of employer negligence can support a recovery. The damages available under FELA, including pain and suffering, lost earning capacity, and past and future medical expenses, are generally far greater than what workers compensation provides.

What if I was partially at fault for the LIRR accident?

New York follows a pure comparative fault rule, which means your compensation is reduced by your percentage of responsibility for the accident, but your claim is not eliminated unless you bear 100% of the fault. If a jury determines that you were 30% at fault for a platform accident, you recover 70% of your total damages. Under FELA, railroad workers benefit from a similar comparative negligence framework. Insurance representatives and defense counsel routinely try to inflate a plaintiff’s share of fault during negotiations, which is one reason having legal representation from the outset is so important.

What damages can I recover in an LIRR accident lawsuit?

Depending on the facts of the case, recoverable damages may include past and future medical expenses, lost wages and lost earning capacity, physical pain and suffering, emotional distress, and in appropriate cases, loss of consortium for a spouse or family member. Wrongful death cases add a distinct set of damages available to surviving family members. The severity and permanence of the injury, the degree of the railroad’s negligence, and the strength of the medical documentation all influence how these damages are calculated and what a realistic recovery looks like.

Does it matter which LIRR branch or station the accident occurred on?

From a liability standpoint, what matters most is what caused the injury and who was responsible, not the specific branch. That said, certain stations and crossings have documented histories of complaints, prior incidents, or deferred maintenance that can be relevant to proving the railroad had notice of a hazardous condition. Level crossings in Nassau and Suffolk Counties involve a mix of LIRR and municipal responsibility depending on the specific location. Your attorney will investigate the specific site, pull maintenance records, and identify any prior incidents that strengthen the case for notice and negligence.

Can bystanders or motorists hit by LIRR trains file claims?

Yes. Third parties, including motorists struck at grade crossings and pedestrians injured near LIRR tracks, may have claims against the LIRR, the municipality responsible for the crossing, or both. These cases often involve questions about whether warning gates functioned properly, whether sight lines at the crossing were adequate, and whether the railroad gave appropriate notice to drivers and pedestrians. The same 90-day Notice of Claim requirement applies to any claim against the MTA.

What if the MTA denies my Notice of Claim or disputes that their employee caused the accident?

A denied claim or a disputed version of events from the MTA is not the end of the case. It is the beginning of litigation. The MTA denies a large percentage of claims at the administrative stage. The Notice of Claim is a procedural threshold, not a dispositive ruling. Once it is filed, your attorney can pursue the claim through the court system, conduct discovery to obtain maintenance records, personnel files, and video footage, and build the evidentiary record needed to counter the MTA’s version of events.

Is it possible to obtain video footage from LIRR stations or train cars?

The MTA maintains surveillance cameras at most stations and on many train cars. This footage can be decisive evidence in a claim, but it must be preserved through a formal litigation hold request or subpoena. The MTA’s standard retention policies mean that footage may be overwritten within a short window, sometimes as little as 30 days. One of the first steps an attorney should take in an LIRR case is to formally demand that relevant video evidence be preserved before it disappears.

What does a free consultation with Cohan Law Firm actually cover?

During a consultation, an attorney will review the facts of your accident, explain which deadlines apply to your specific situation, identify the likely parties responsible, and give you an honest assessment of the strength of your claim. The firm handles cases on a contingency basis, meaning there are no legal fees unless compensation is recovered for you. The consultation itself is free and confidential, and because the firm handles everything digitally, you can get started from home regardless of the severity of your injuries.

LIRR Accident Representation Across Long Island and New York City

Cohan Law Firm represents clients injured on and around the Long Island Rail Road throughout the full geographic reach of the system. In Queens, we serve riders and workers in Jamaica, Woodside, Forest Hills, Kew Gardens, and Flushing, where several major LIRR branches converge and station congestion is among the highest in the network. In Brooklyn, we represent clients at Atlantic Terminal and the surrounding neighborhoods of Fort Greene, Park Slope, and Prospect Heights. In Manhattan, clients who are injured at Penn Station or in the tunnels and platforms below 34th Street come to us when the standard personal injury process fails them.

On Long Island itself, our representation extends across Nassau County, including Great Neck, Port Washington, Manhasset, Mineola, Hempstead, Lynbrook, Valley Stream, Rockville Centre, Merrick, Massapequa, and Hicksville. We also serve clients throughout Suffolk County, including Babylon, Bay Shore, Islip, Ronkonkoma, Brentwood, Huntington, Northport, Port Jefferson, Riverhead, and communities along the Montauk Branch and the Port Jefferson Branch. Whether the accident occurred at a suburban station platform, a grade crossing between Ronkonkoma and Farmingdale, or inside a train car between stops, geography does not limit your ability to work with our firm. We handle consultations remotely and manage the case without requiring you to travel.

Contact a Long Island Rail Road Accident Attorney at Cohan Law Firm

Injuries caused by the Long Island Rail Road carry complicated legal requirements, aggressive institutional defendants, and deadlines that do not bend. If you or someone you know was hurt on an LIRR platform, train, or crossing, reach out to a Long Island Rail Road accident attorney at Cohan Law Firm as soon as possible. The 90-day Notice of Claim window moves fast, and the steps taken in the days immediately following an accident often determine how the entire case develops.

Cohan Law Firm has recovered over $100 million for injured clients across New York City and Long Island. We handle cases on a contingency basis, consultations are free, and everything can be handled remotely. Call us today for a confidential consultation and let us evaluate your claim before any deadlines pass.