A train accident lawyer helps people hurt in a rail crash, and families who lost someone, whether at a crossing, on a platform, aboard a train, or on the job for a railroad. At Rosenthal, Kooshoian & Lennon, LLP, we investigate what went wrong, hold the railroad and every other responsible party accountable, and pursue full compensation. These cases move on unusually short deadlines, so acting quickly matters.
Buffalo is a rail town, from Amtrak service and the NFTA Metro Rail to the freight lines that cross the region and its roads. When a train is involved, the injuries tend to be catastrophic and the opponents, large railroads and public authorities, are well-defended. Our Buffalo train accident attorneys know how to take them on. This is one focus of our broader Buffalo personal injury practice, so the full weight of the firm is behind your case.
Call us 24/7 at 716-854-1300 to speak with a personal injury lawyer near you, or contact us for a FREE consultation.
Every kind of rail injury, from crossing crashes to on-the-job railroad injuries. Trains cause harm in several distinct ways, and each involves different responsible parties and rules.
Our Buffalo train accident lawyers handle cases involving:
Whatever form it took, the question is what failed and who's responsible, and we investigate the full picture.
Almost anyone near the rails. Motorists and their passengers at crossings, pedestrians on or beside the tracks, train passengers, and railroad workers can all be seriously hurt. The path to compensation differs depending on which you were, but each has a claim when a railroad or another party was at fault.
A driver hit at a crossing pursues the railroad and whoever was responsible for the crossing's safety. A passenger pursues the rail carrier. A railroad employee has a special federal remedy of their own. Sorting out which rules apply is one of the first things we do, because it shapes the entire case.
Usually a failure by the railroad or a party responsible for safety. Malfunctioning or missing crossing signals and gates, operator error, excessive speed, poorly maintained tracks and equipment, and inadequate warnings at crossings are among the leading causes.
Because a train can weigh thousands of tons and can't stop quickly, the safety systems around it, the signals, the gates, the maintenance, the operating rules, are what stand between routine and disaster. When one of them fails, the results are catastrophic, and the failure usually traces back to a railroad or contractor that cut a corner. Establishing that failure is the core of the case.
Often more than one party. Responsibility can reach the railroad company, the train's operator or engineer, a company responsible for maintaining the tracks or equipment, the entity in charge of a dangerous crossing, the manufacturer of defective equipment, and, in a crossing crash, another driver. Each is a separate source of accountability and coverage.
Railroads are large, sophisticated companies with their own investigators who reach a serious scene fast, so identifying every responsible party takes prompt, thorough work. We investigate the crossing, the equipment, the operating records, and the maintenance history, because a train case this serious usually has more than one party at fault.
Then special rules and very short deadlines apply. Claims against a public transit authority like the NFTA generally require a formal notice of claim within a short window, often 90 days, long before any lawsuit. Amtrak, as a federally chartered carrier, has its own procedures and deadlines too. Missing these can end a claim before it starts.
This is the single biggest reason not to wait after a train injury involving public or Amtrak rail. The ordinary deadlines that apply to other cases don't govern here, and the early notice requirements are strict. Getting a lawyer involved right away is what protects your claim against a public authority.
FELA is the federal law that covers railroad workers hurt on the job, and it works very differently from workers' comp. Instead of the no-fault comp system most workers use, a railroad employee brings a claim under the Federal Employers Liability Act by showing the railroad's negligence played a part, and in return can recover full damages, including pain and suffering, that comp doesn't provide.
That makes a FELA claim potentially far more valuable than a comp claim, but also more of a fight, since it turns on proving the railroad was at fault. Railroads have experienced teams that move quickly to limit these claims, sometimes approaching an injured worker before they've talked to a lawyer. If you were hurt working for a railroad, get advice before you give a statement or sign anything.
Given the size and force of a train, the injuries are among the most severe in all of personal injury. Traumatic brain injuries, spinal cord damage, amputations, crush injuries, and severe fractures are common, and many train accidents are fatal.
Survivors often face multiple surgeries, long rehabilitation, and permanent disability. Because catastrophic and internal injuries can be life-threatening even when they aren't obvious at first, immediate medical care after any train accident is critical, both for the person's survival and for the claim that follows.
A train accident claim can recover your medical bills, lost income, reduced future earning power, pain and suffering, and the cost of long-term care. In a fatal accident, a family can bring a wrongful death claim, and where the conduct was truly reckless, punitive damages may be possible.
Because train injuries are so often catastrophic, the future costs, surgeries, lifelong care, lost earning power, usually dwarf the immediate bills, and the railroad's first offer never reflects them. We build the number with your doctors and with economic, vocational, and life-care experts, so the demand covers the full arc of what the accident took from you.
The family may have a wrongful death claim, brought through the estate, along with a survival action for what their loved one suffered before passing. Crossing crashes and pedestrian strikes are tragically often fatal, and holding the railroad and other responsible parties accountable matters.
Our wrongful death lawyer page explains how these claims work in New York, who can file, and what a family can recover. We handle them with the care a grieving family deserves.
Because so many train claims involve public authorities or Amtrak, which come with early notice requirements. A claim against the NFTA or a similar public entity can require formal notice within about 90 days, and a FELA claim and an Amtrak claim each run under their own rules. These short, strict deadlines make train cases unusually time-sensitive.
Beyond the deadlines, the evidence disappears fast. The train's data, the crossing's signal records, the maintenance logs, and the scene itself can be gone or overwritten within days, and the railroad controls much of it. The sooner a lawyer can act to preserve evidence and meet the deadlines, the stronger your case.
By the full lifetime cost of catastrophic injuries, weighed against every responsible party. Because these injuries tend to be severe and permanent, and the railroads and authorities carry substantial coverage, the value can be significant when the injuries and liability are proven thoroughly.
The figure reflects your medical care, your permanent limitations, and the effect on your ability to work and live. A spinal cord injury, an amputation, or a brain injury carries decades of costs, and capturing them takes careful work with the right experts. We build the value and prove who's responsible, so every party at fault answers for their share.
Get emergency medical care first, because train injuries are often severe even when the shock masks them. Report the accident, get the names of witnesses, and photograph the scene, the crossing, or the platform if you safely can. Be very careful what you say to any railroad representative or insurer before talking to a lawyer.
This last point matters more than in almost any other case, because railroads send investigators to serious scenes quickly, and they may approach you early looking for a statement. Say little, hold onto everything, and get a lawyer involved fast, both to preserve the evidence and to meet the short deadlines these cases carry.
We move immediately to preserve evidence and meet the deadlines. From the first days, we send preservation demands for the train and crossing data, investigate the cause, and file any required notice of claim on time, then build the case and prepare it as if it's going to trial.
Our attorneys secure the train's data, the signal and maintenance records, and any video, work with railroad and reconstruction experts, and identify every responsible party, from the railroad to a crossing authority or manufacturer. For an injured railroad worker, we handle the FELA claim; for a passenger, motorist, or pedestrian, we build the negligence case. We document your injuries and their long-term impact, press the claim against every available source, and file suit when a fair resolution isn't offered. We keep these matters in house from start to finish.
We represent injured people and grieving families across Western New York, and we handle train cases the same way we handle every case, in house, start to finish, through settlement, trial, and appeal. We understand the short deadlines, the public-authority rules, and the FELA system, and we know how to take on a railroad.
These cases reward a firm that acts fast, knows the special rules, and isn't intimidated by a railroad's or authority's legal team. That's what we bring, along with straight answers in plain language, so you always know where things stand. You focus on healing. We'll handle the investigation and the fight.
If a train accident hurt you or took someone you love in Buffalo or Western New York, the attorneys at Rosenthal, Kooshoian & Lennon, LLP are ready to help. Contact us for a free consultation, and a Buffalo train accident lawyer will review what happened, explain the deadlines and your options, and lay out the path forward, with no fee unless we recover for you.
Don't wait, because these cases carry some of the shortest deadlines in personal injury. The sooner we start, the more we can do to preserve the evidence, meet the deadlines, and protect your right to full compensation.
Call us 24/7 at 716-854-1300 to speak with a personal injury lawyer near you, or contact us for a FREE consultation.
Disclaimer: This page is for general information only and isn't legal advice. Reading it doesn't create an attorney client relationship. Laws, deadlines, and notice requirements can change and vary by the type of claim; the rules described reflect the law as of 2026. Every case is different, and prior results don't guarantee a similar outcome. For advice about a specific accident, please consult a licensed New York attorney.
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