Train Accidents

In the complex landscape of New York transportation, serious train accidents and motor vehicle collisions have become tragically frequent. When these disasters occur, the ensuing media frenzy often prioritizes speculation over the sensitive needs of the victims. At Kramer, Dillof, Livingston & Moore (KDLM), we cut through the noise to provide grounded, authoritative legal advocacy for those whose lives have been turned upside down.

Our firm maintains a distinguished track record of navigating the intricate federal and state regulations that govern rail and transit safety. We recognize that the aftermath of an accident involves more than just physical pain; it encompasses a cascade of ongoing medical expenses, permanent loss of income, and profound emotional hardship for grieving families.

Landmark Victories and Record-Setting Recoveries

The Amtrak 188 Disaster: A Historic $295 Million Settlement

In May 2015, the nation was shaken when an Amtrak Northeast Regional train derailed in Philadelphia while en route to New York. Traveling at a staggering 106 mph in a zone strictly regulated for 50 mph, the train careened off the tracks, resulting in eight fatalities and 185 injuries

Senior Partner Judith Livingston served as a senior member of the court-appointed committee that successfully negotiated a $295,000,000 settlement—the maximum amount allowed by law—for all injured and deceased passengers. KDLM specifically championed the rights of the family of a 20-year-old Naval Academy student who perished, alongside five other critically injured passengers. Beyond the courtroom, Ms. Livingston was instrumental in pressuring Amtrak to admit liability and worked tirelessly to convince Congress to raise the statutory damages cap to ensure the $295 million recovery was legally possible.

The Largest Automobile Accident Verdict in New York History

In a case that redefined personal injury benchmarks, Thomas Moore secured a $41,000,000 jury verdict for the family of a 49-year-old construction worker. While crossing a street in Brooklyn, the man was struck by a Verizon truck, suffering catastrophic and permanent brain damage. This remains the highest verdict ever awarded for a car accident in New York history.

$9,000,000 Recovery for LIRR Derailment Victims

In 2016, negligence led to an eastbound Long Island Rail Road (LIRR) commuter train colliding with a track-maintenance vehicle, causing a violent derailment. Representing a female passenger who suffered multiple debilitating fractures, Thomas Moore successfully negotiated a $9,000,000 settlement, holding the railroad accountable for operational failures.

Railroad Worker On-the-Job Motor Vehicle Accidents

Railroad employees face unique risks, not just on the tracks, but in the motor vehicles used to transport them to job sites. In New York, these cases are often governed by the Federal Employers’ Liability Act (FELA) rather than standard workers’ compensation.

If you are a railroad worker injured in a motor vehicle accident during your shift—whether due to a fatigued driver, a poorly maintained company van, or third-party negligence—the legal standards for recovery are distinct. KDLM understands the “slightest negligence” rule under FELA, which allows railroad workers to recover damages even if the employer’s negligence was only a small factor in the accident. We fight to secure compensation for:

• Full lost wages and future earning capacity.
• Extensive medical rehabilitation and specialized care.
• Physical pain and emotional suffering that workers’ compensation often ignores.

Determining Liability: Who is at Fault When a Train Hits a Car?

Determining fault in a collision between a train and a motor vehicle is an exhaustive process involving federal investigators and forensic engineers. While public perception often blames the driver, liability frequently rests with the railroad entity due to several factors:

Potential Railroad Negligence:

• Malfunctioning Signals: Failure of gate arms, lights, or bells to activate at grade crossings.
• Sightline Obstructions: Failure to clear overgrown vegetation or debris that prevents a driver from seeing an oncoming train.
• Excessive Speed: Trains traveling faster than the federally mandated speed limit for a specific stretch of track.
• Failure to Warn: The engineer’s failure to sound the whistle or horn in accordance with safety protocols.

Potential Third-Party/Municipal Negligence:

In some instances, the fault lies with the municipality for poor road design, or with the maintenance contractors responsible for the crossing’s safety systems. KDLM investigators scrutinize “black box” event data recorders to uncover the truth.

Additional Proven Successes in Transit and Highway Safety