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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.
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:
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.
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:
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.
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:
A Manhattan subway accident attorney with our firm can determine what evidence will support your negligence claim against potentially liable parties.
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.
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:
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.
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.
Questions about subway accidents in New York? Check out our frequently asked questions below.
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.
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.
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.
