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Manhattan Subway Accident Lawyers
Subway accidents may include any number of injuries that could occur in New York’s underground transit system, from tripping on a broken floor tile to getting trapped between closing train doors. Because New York City’s subway system is managed by the New York City Transit Authority (NYCTA) and the Metropolitan Transportation Authority (MTA), filing a personal injury claim must meet different procedural requirements than a car or commercial truck accident.
So, when should you call a Manhattan subway accident lawyer? As soon as you can pick up a phone after your accident, you should call our firm at Ross & Hill to schedule a consultation with an experienced subway accident lawyer in New York City.
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How Do Subway Accidents and Injuries Happen?
While subway accidents aren’t as common as other accident types in the city, injuries sometimes occur because of another person’s or authority’s negligence. Common causes of subway accidents include:
- Operator negligence
- Broken escalators, stairs, or platforms
- Turnstile injuries
- Closing train doors
- Sudden starts or stops
- Collisions between trains and obstructions
- Security negligence
- Electrical issues
- Defective train parts
- Insufficient maintenance
- Slippery stairs or platform floors
- Poor lighting
- No warning signs posted for hazards
Other causes of accidents are less common but can still lead to injuries, such as a train derailment or brake failure. Our subway accident attorneys can perform an investigation to determine the cause of your accident.
Common Injuries in a Subway Accident in New York City
Injuries in subway accidents can be as simple as a sprained wrist from a slip-and-fall accident on a wet station floor or life-altering, requiring around-the-clock care. Injuries in a subway accident = include:
- Sprains, strains, and other soft tissue injuries
- Bruises, cuts, scrapes, and deep lacerations
- Electric shock or electrocution (death from electric shock)
- Whiplash
- Crushing injuries
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Limb amputations
- Paralysis
- Wrongful death
A New York subway accident lawyer with our firm can help you estimate the value of your injuries for an insurance claim or personal injury lawsuit.
Is the New York City Transit Authority Liable for Subway Accidents?
The NYCTA or MTA may be responsible for the conditions that led to your accident and injuries. Liability falls on any parties that could have contributed to your accident, including:
- The NYCTA or MTA for failing to adhere to national, state, or organizational regulations
- The train operator for speeding, distracted conducting, or conducting a train under the influence of drugs or alcohol
- Other passengers for crowding the platform and pushing you over the edge onto the tracks
- Subway train or parts manufacturers that developed and sold a defective part
- Other parties who may have contributed to your accident
A Manhattan subway accident attorney with our firm can determine what evidence will support your negligence claim against potentially liable parties.
The Statute of Limitations for Subway Accidents
In cases where a victim must file a case against the NYCTA or MTA for a subway accident, the statute of limitations is less than the typical two years for personal injury cases. Our subway accident lawyers can submit a notice of claim to the appropriate authorities within the required 90 days.
Once you submit your notice of claim, you have one year and 90 days to file a lawsuit against the negligent department for your injuries. If you fail to file the notice of claim within 90 days of your accident, you may lose the right to file a lawsuit against the liable municipality for your injuries.
Proving Negligence in a Subway Accident Case
As the plaintiff, you bear the burden of proof “with a preponderance of the evidence” to show that the defendant was negligent in causing your accident and injuries. Our firm’s Manhattan subway accident lawyer can help you gather evidence from the scene to prove negligence.
Personal injury cases require that you prove all four elements of negligence:
- The defendant owed you a duty of care
- The defendant breached their duty
- You suffered injuries and losses as a result of your accident
- The defendant’s breach of duty directly contributed to your accident that led to your injuries
Seeking Compensation for Subway Accident Injuries
You may pursue economic, non-economic, and even punitive damages in personal injury cases. Economic damages cover losses with a clear value, like medical bills, travel expenses for treatment, lost wages from time off of work, and reduced earning capacity for future earnings.
Non-economic damages cover intangible losses with no easily determined value, such as pain and suffering, mental anguish, disfigurement, and diminished quality of life. The court may also award punitive damages to punish a defendant for recklessness, wantonness, oppression, or intent.
Injured in a Subway Accident in New York City? Call Our Personal Injury Law Firm Today
If you were injured while riding or waiting for a train in the NYC subway system, contact us today at Ross & Hill to schedule a consultation with a Manhattan subway accident lawyer. Call us at 718-855-2324 or contact us online to meet with an attorney at one of our offices in Brooklyn or Manhattan, NY.
Frequently Asked Questions
Questions about subway accidents in New York? Check out our frequently asked questions below.
What happens during a subway accident investigation?
The National Transportation Safety Board (NTSB) and the MTA perform separate investigations for major subway accidents like derailments, while the MTA performs investigations after localized accidents like a slip-and-fall on a subway platform.
What is a notice of claim?
A notice of claim is a letter you must send to the appropriate municipal office to declare your intent to sue for injuries sustained by their negligence. Liable municipalities in a subway accident case could include the NYCTA or the MTA.
What is New York’s pure comparative negligence rule?
New York practices pure comparative negligence, meaning each party’s contribution of fault would be their share of compensation awarded, and the victim’s share of negligence would be deducted from the final award. So, if you win an award of $250,000 in your claim but were 20% at fault for your injuries, you would receive $200,000.
