About 10,000 subway-related accidents occur in the U.S. annually. Nearly 1,400 take place in New York City. Just under 100 of these tragic incidents cause deaths, and many others lead to serious injuries.
If you were injured during one recently, consider discussing it with a subway accident attorney in NYC immediately. They can review your case, determine its viability, and help you take legal action.
Before speaking with a subway accident attorney in Manhattan, you should also seek a better understanding of liability in these cases. Knowing who could be responsible for demonstrating negligence will help you and your legal representation decide who to try to collect compensation from in a personal injury case.
Keep reading to learn more about liability in these cases.
Who Can You File a Lawsuit Against Following a Subway Accident in NYC?
In some cases, just one party is responsible for a subway accident in NYC. In others, multiple parties might share responsibility for a mishap.
You and your subway accident attorney in Manhattan must gather evidence related to your case to figure out who should be liable for the injuries you sustained. Here are a few parties that may have been responsible for the catastrophe.
Metropolitan Transportation Authority (MTA)
The New York City Transit Authority (NYCTA) owns and operates the Big Apple’s underground transportation system. However, the Metropolitan Transportation Authority (MTA) oversees the NYCTA.
Because of this arrangement, the MTA is ultimately liable for many injuries and/or deaths on the NYCTA’s system. You might maintain the right to file a claim against it if you can prove negligence by any NYCTA employees.
This NY MTA safety report illustrates the lengths the agency goes to keep passengers safe. Still, even its strongest safety efforts don’t absolve it of all responsibility in cases.
A subway accident attorney in Manhattan will typically investigate the possibility of launching a lawsuit against the MTA before taking any other action.
Maintenance and Repair Companies
While an experienced personal injury attorney will begin by analyzing whether or not you may be able to file a lawsuit against the MTA, this is far from the only party that may be held liable. You and your lawyer should also consider including private individuals and companies in your legal claim.
For example, you might consider evaluating whether any third-party maintenance or repair companies hired by the NYCTA may have played a part in your accident. They could be partially or even wholly to blame if they completed faulty work that led to your injuries.
Equipment Manufacturers
Did a piece of faulty equipment cause your accident? If you can prove that the NYCTA and, by extension, the MTA knowingly allowed this equipment to continue being used after finding fault with it, these agencies could still bear the brunt of the responsibility in your case.
However, the manufacturer that provided them with this equipment could also be the key target in your lawsuit.
Construction Companies
Construction companies working in NYC might have their sites set up near subway tracks. If a company was working near the tracks where you were hurt, and its workers contributed to the dangerous conditions in the area, it could take the blame for your injuries.
Although these cases are rare, thousands of construction projects are taking place in the Big Apple at any given moment. These projects can cause accidents that affect people other than workers. Therefore, the companies involved in them may be liable if their projects lead to calamities near tracks.
Passengers
Sadly, there has been a recent increase in the number of incidents involving subway passengers harming one another. Notably, several high-profile cases that included passengers pushing others onto tracks, causing injuries and deaths, have been recorded.
If another passenger intentionally sought to harm you or even just engaged in a negligent act that led to you sustaining injuries, you might want to set your sights on filing a lawsuit against them.
Filing a Lawsuit Against the MTA
The NYCTA has a legal duty to keep you and other passengers safe while using its system. If the agency neglects this duty, you may request that your subway accident attorney in Manhattan file a lawsuit against the MTA.
You can take legal action against the agency if your injuries were caused by:
- Broken tracks
- Train operator error
- Malfunctioning train signals
- Faulty train doors
- Excessive gaps on platforms
- Lack of security
Even something as simple as a broken seat or handle on a train could warrant filing a lawsuit against the agency if it caused you to sustain injuries.
Handling the Challenges Associated With Suing the MTA
Just because you were injured while on a train operated by the NYCTA doesn’t automatically mean you can file a successful lawsuit against the MTA. You must first prepare to prove negligence by an NYCTA employee.
Even if you do this, you must also deal with several other challenges that come with taking legal action against the agency. This agency is a public authority with certain protections to prevent it from regularly facing legal scrutiny.
Here are a few obstacles you might encounter:
- Notice of Claim: Before filing a lawsuit against the MTA, you must file a Notice of Claim within 90 days. From there, the agency might offer you a settlement, and if you accept it, you will lose the right to file a lawsuit against the agency. You may turn down this settlement and choose to take legal action, but if you do, you must do it within one year and 90 days of your incident or forfeit the right to collect any compensation.
- Sovereign Immunity: The MTA is technically considered a government agency, so it used to have sovereign immunity, which shielded it from lawsuits. This no longer applies, but since the organization is still a public authority, this can sometimes complicate lawsuits filed against it.
- “Special Duty”: The MTA has a general duty to keep all NYCTA passengers safe during their travels. In some lawsuits, you may need to prove the agency also had a “special duty” to go above and beyond while providing protection. This typically calls for you to have come into contact with an NYCTA employee and received assurance about your safety.
A dedicated subway accident attorney in Manhattan will assist you in facing these challenges head-on and let you know how to overcome them. They will also explore all your legal options to ensure you file a lawsuit against the appropriate party.
Collecting Compensation in an NYC Subway Accident Case
No matter which party you determine responsible in your NYC subway accident case, your goal is to collect compensation to cover any expenses you’ve faced. You should strive to recover economic or non-economic damages.
Economic damages are those you can easily quantify and prove. They include:
- Medical bills
- Lost wages
- Rehabilitation costs
Non-economic damages are those that can’t necessarily be calculated. They include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
A subway accident attorney in Manhattan can offer assistance as you determine which damages you wish to recover based on the circumstances surrounding your case.
Contact Us To Begin Working With a Reputable Subway Accident Attorney in Manhattan
Determining liability in NYC subway accidents is complex. So many factors impact these types of legal cases.
A subway accident attorney in Manhattan from Ross & Hill Personal Injury Lawyers is here to help you make sense of your legal situation. They can also assist you with many other common types of premises liability lawsuits.
Call us at 646-351-6222 to participate in a free consultation.
