Subway and Train Accident

Published on: October 14, 2024

New Jersey Transit Train Operator Dies After Striking Fallen Tree in Mansfield Township: What Victims Should Know

This morning, tragedy struck when a New Jersey Transit train operator lost their life after a River Line train collided with a fallen tree on the tracks in Mansfield Township, Burlington County. The train was traveling south from Trenton when the accident occurred, just north of Roebling Station, shortly after 6 a.m.

The incident resulted in significant disruptions for commuters, with 42 passengers on board. As of 9 a.m., NJ Transit reported that 23 of those riders sustained non-life-threatening injuries, while the remaining 19 passengers were safely transported from the scene by bus. In response to the accident, River Line service has been suspended between Florence and Trenton, with a substitute bus service provided to assist stranded travelers.

While the exact cause of this tragic event is still under investigation, early reports indicate that the train struck a tree that had fallen across the tracks. Whether this tree fell due to natural causes or as a result of preventable factors such as poor maintenance or oversight is yet to be determined. New Jersey Governor Phil Murphy shared his sympathies, offering prayers to all affected by this tragic incident.

Continue reading →

Published on: August 20, 2024

Expert Cross-Examination: Creating Maximum Mileage From an Expert’s Mistakes

By GGCRBHS&M

In an article published today in the New York Law Journal, Ben Rubinowitz and Evan Torgan write about the critical importance of expert cross-examination in trial advocacy. Their piece, titled “Expert Cross-Examination: Creating Maximum Mileage From an Expert’s Mistakes,” offers a deep dive into the strategies attorneys can employ to effectively challenge the credibility of expert witnesses.

Drawing on the IN RE METRO NORTH trial, presided over by Honorable Paul Marx in Westchester County Supreme Court, Rubinowitz and Torgan explore how meticulous preparation and a thorough understanding of the case can expose flaws in an expert’s analysis. Rubinowitz and Richard Steigman, served as lead trial counsel for all injured passengers, successfully leveraging cross-examination to reveal critical errors in the defense’s expert testimony, which played a significant role in the trial’s outcome.

This article is a valuable resource for attorneys seeking to refine their cross-examination techniques and underscores the impact that even minor discrepancies in expert reports can have on the credibility of testimony and the jury’s perception.

Continue reading →

Published on: July 17, 2024

Landmark Verdict in Metro-North Train Crash that Killed 6 and Injured Many

By GGCRBHS&M

On February 3, 2015, a devastating accident occurred at the Commerce Street Crossing in Valhalla, New York, involving a Metro-North train and a motor vehicle. The tragic incident led to the deaths of five passengers and numerous injuries, marking it as the deadliest crash in Metro-North’s history. After nearly a decade of legal proceedings, a Westchester County jury has delivered a landmark verdict, holding Metro-North primarily liable for the crash.

That evening, Ellen Brody, driving an SUV, inadvertently drove onto the tracks at the Commerce Street Crossing. As a northbound Metro-North train approached, the train struck the vehicle, resulting in a catastrophic sequence of events. The train continued to move several hundred feet post-collision, causing the vehicle to strike the electrified third rail. The third rail dislodged and penetrated the floor of the first train car, igniting multiple fires and causing extensive damage. Tragically, Ellen Brody and five passengers lost their lives, and dozens were injured.

In the aftermath of the crash, the families of the victims and the injured passengers sought justice

Continue reading →

Published on: January 11, 2024

Understanding Subway Derailments and Passenger Safety

By GGCRBHS&M

As New York City subway accident attorneys, we have seen our fair share of transit-related incidents. But the recent derailment of the Manhattan-bound F train in Brooklyn, following closely on the heels of another derailment on the Upper West Side, raises serious concerns about passenger safety and infrastructure integrity in our city’s subway system.

On Wednesday afternoon, a subway train derailed in Brooklyn – the second such incident in New York City in less than a week. This incident involved the F train going off the elevated tracks between West Eighth Street and Neptune Avenue stations in Coney Island. Remarkably, no injuries were reported among the 34 passengers and three crew members onboard.

While officials, including Richard Davey, president of New York City Transit, are investigating the cause, early speculation suggests issues with the track itself, such as unevenness or a break. This is particularly concerning given that the tracks had been inspected as recently as November, with no issues flagged.

Continue reading →

Published on: January 5, 2024

Legal Perspective on the recent Upper West Side Subway Derailment

By GGCRBHS&M

The recent derailment of two 1 trains near the 96th Street subway station on Manhattan’s Upper West Side is a reminder of the unexpected dangers lurking in our daily commutes. As subway and train accident lawyers, we have seen firsthand the impact these accidents have on individuals and communities. Indeed our team recently obtained a $20 million settlement for a young woman who suffered injuries in a train accident.

On Thursday afternoon, two trains collided at a slow speed, leading to a derailment that injured 24 passengers. Thankfully, as reported by Deputy Assistant Chief of EMS Operations Ian Swords, none of these injuries were life-threatening. The situation could have been much worse, and we are all grateful for the prompt response of emergency crews and the MTA staff.

In the wake of such an event, passengers and their families may have numerous questions about their legal rights and options

Continue reading →

Published on: November 22, 2023

Record-Setting $20 Million Settlement for Tourist Who Fell on the Train Tracks Obtained by our NYC Train Accident Lawyers

By GGCRBHS&M

We are pleased to report a record-setting settlement of $20 Million for our client who suffered horrific injuries in a 2020 accident at the 14th St. PATH Train Station in New York City. The settlement has drawn national attention to the importance of transportation safety for trains, cars, trucks, and buses. Our client, a 23-year-old tourist, suffered life-altering injuries after falling onto the train tracks and being struck by two consecutive trains. As a result, our client underwent a below-the-knee amputation of one leg and a partial amputation of her opposite foot.

In our legal battle, we argued that the operators of both trains failed to recognize our client presence on the tracks, ultimately leading to the severe injuries she sustained. The first operator did not notice our client on the tracks, and the second operator, despite being aware of her presence, did not react in time to prevent the tragic outcome. Our client was left on the tracks for approximately 7 minutes before the first operator struck her and an additional 16 minutes before the second train hit her. The lawsuit also alleged that Summit Security, the security company responsible for monitoring the tracks through video surveillance, failed to promptly inform the train operators of the dangerous situation.

In response, the defense argued that our client’s fall onto the tracks was a result of intoxication, claiming that she was solely responsible for the accident and her subsequent injuries. They also contended that our client was not visible as she was wearing black clothing. Their assertion was quickly defeated when all parties conducted a live simulation during a complete shut-down of the PATH station using life-sized mannequins placed on the tracks. It became immediately apparent that not only could the train operators clearly see our client lying on the tracks, but there was ample time for each of them to stop the trains before striking her.

Continue reading →

Published on: August 7, 2023

13 people injured after LIRR train derailed in Queens, NYC

By GGCRBHS&M

Thirteen people were injured after an LIRR train derailed in Queens, NYC last week. Approximately 100 people were on board an 8-car train when all the cars derailed near Jamaica Station. Thirteen passengers sustained leg and back injuries in the accident.

Although speed was not a factor, an investigation is ongoing to determine the cause of the accident.

Train derailments are complex accidents that can result from a combination of factors. Some of the most common causes of derailment include:

Continue reading →

Published on: April 17, 2023

Sparks from CSX freight train suspected to have caused massive brush fire in Rockland County, NY

By GGCRBHS&M

As train accident attorneys, it is concerning to see the devastation that can be caused by train-related incidents. The recent brush fires in Rockland County, New York have caused widespread damage and displaced hundreds of people. Officials are pointing fingers at CSX, the railroad company whose train tracks allegedly sparked the flames, and are demanding an investigation into the matter.

According to reports, around two dozen brush fires broke out along a CSX rail line on Friday afternoon, threatening homes and consuming 50-70 acres of land. The intense flames melted the siding on four homes, destroyed two sheds and other property, including fences and vehicles. Upwards of 100 people had to evacuate. Five firefighters suffered heat exhaustion, and one sustained a minor burn.

While it is still unclear what exactly caused the fire, preliminary reports suggest that sparks from a CSX train may have started the fire, which then spread to nearby fields, including a bird sanctuary. Officials are pointing towards negligence on the part of CSX and are calling for a meeting with the railroad company.

Continue reading →

Published on: February 26, 2022

To prevent subway accidents, the MTA is planning to launch new measures that include platform barriers, lighting, sensors and cameras

By GGCRBHS&M

NYC Subway accidents are on the rise and recently more subways have been delayed because of people standing on the tracks. As a result the MTA recently announced that its recently created “Trespasser Task Force” is working on several pilot projects to prevent people from getting on the tracks or being pushed on them.

The main project and the most expensive one is the pilot installation of platform barriers at 3 stations:

On the 7 line platform in Time Square

Continue reading →

Published on: February 1, 2022

Almost 50 people died in NYC subway accidents during the first 8 months of 2021

By GGCRBHS&M

According to recent records released by the MTA, 42 people died in collisions with a subway train and 5 others died after falling on the tracks or being electrified by the third rail. These numbers are very similar to those recorded during the same period a year earlier with 48 people dying in NYC subway accidents. Among the causes of the collision, 16 of them were suicides compared to 10 for the same period of the previous year. The report of the MTA also indicates that 8 people fell from crossing between cars compared to 6 during the same period of 2020 however they did not mention if these accidents resulted in deaths or injuries.

Should subway stations be safer and equipped with safety barriers?

These recent data from the MTA do not include several shoving incidents occurring during last fall and winter with the last one resulting in the death of Michelle Go. Michelle Go was waiting for a train at the Time Square station when a deranged man pushed her in front of the train. The recent death of Michelle Go might have been prevented if the New York subway was equipped with protective barriers or platform screen doors.

Continue reading →