NTSB Investigates Fatal Accident at Lynbrook LIRR Station

National Transportation Safety Board (NTSB) investigators are looking into the death of a man who witnesses say was “pulled along” by a moving train at the Long Island Rail Road (LIRR) platform in Lynbrook Station in April.

According to the NTSB, the conductor of the train closed the doors after he apparently believed all of the passengers had boarded and de-boarded. He reported seeing the 65-year-old victim bump against the train and get pulled along on the platform for a short period before finally coming to rest on the platform. MTA police arrived and pronounced the man dead of his injuries.

LIRR officials did not release any comment, stating only that the agency wished to allow the NTSB’s investigation to run its course. It did say it is “fully participating in the federal investigation.”

Public transportation accidents are complex

Personal injury claims involving public transportation, such as buses, trains and subway cars, can come with some complicating factors. For example, if the victim’s family were to file a wrongful death lawsuit, who would be the defendant? Would it be LIRR or would it be the conductor of the train.

The answer to this question varies from case to case, depending on the circumstances. Under the legal principle of vicarious liability, the employer of the driver who caused the accident is typically liable for the driver’s (or conductor’s) negligent actions. However, incidents of malice or gross negligence are usually attributed to the driver (or, in this case, conductor).

If you or a loved one has been seriously injured in a public transportation accident, meet with a skilled Long Island personal injury lawyer at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP.