Subway Accident Lawyer in NYC
Subway Accidents in NYC
The NYC Subway is one of the oldest subway systems in the world, with almost 120 years of existence. It is operated by the Metropolitan Transportation Authority (MTA). There are 472 stations around the city. These stations are potential sites of injury, due to negligence from administrators or from the self-user.
Subway train stations can be dangerous. In this article, you will learn about the potential hazards. You will also discover how a subway accident lawyer in New York from The Ward Law Group can help you.
How many people use the Subway in NYC?
After the pandemic situation hit the world slowly the population started using public transportation. The statistics on the New York City subway transportation is 1.2 million daily ridership. This may seem like a large number of people. However, it is nearly half of the total number of people who used the subway before the pandemic.
This transportation option is a way of traveling the city in a short amount of time and at a low cost, which is why there are a lot of people using this public transportation system every day.
The large number of people using the system is a factor in the likelihood of accidents. Anything can happen and people can be injured or even killed in many ways.
Can I Sue the MTA for an Accident?
Yes, if you or a loved one resulted injured in a subway train station, you can file a personal injury lawsuit against the Metropolitan Transportation Authority. Just notice that this is a very difficult task for a normal person. You will require a subway accident lawyer's expertise in order to succeed in this quest.
There are many types of personal injury claims. You must follow specific guidelines depending on the injury sustained. Here is a list of potential accidents that a person could get injured in a subway system:
There have been only 5 train collisions in New York since the system began operating. The most recent one occurred in 1995. A train crashed into the back of a stopped M train on the Williamsburg Bridge. The motorman died and 54 people were injured in the accident.
This is always a potential accident that can occur even though it has low rates of happening.
In February 2009, a major train derailment occurred in New York City. The train was carrying nearly 500 passengers. It jumped off the rails.
In 2020, there was a minor train accident. An object on the railroad caused the train to derail, resulting in three people sustaining minor injuries.
Electrical malfunctions, equipment failures, or flammable materials can cause fires on subway trains. These fires can lead to injuries and panic. Evacuation can become a challenge in such situations.
Slippery floors or platforms can cause a slip-and-fall accident in a train station. Crowded conditions can also be a factor. Inadequate safety measures can also lead to such an accident. Also, escalator or elevator malfunctions, or structural failures within subway stations can cause injuries to passengers or staff.
Safety barriers, lighting, and platform crowding can lead to accidents. Passengers can be pushed onto the tracks or get stuck between the train and the platform.
Special Time Limit to File Against MTA (90 days)
The statute of limitation for personal injury claims is three years. If the claim is not filed within this period, the right to compensation is lost.
When seeking compensation for an accident involving the MTA, you must send a notice of claim. This notice has its own requirements. If you do not send it in a timely manner, you will not be able to recover any losses.
The NYCTA and MTA receive the benefits of the special rules that apply to government entities.
With that notice, you let them know that you have intentions to pursue compensation and it is important you send this notice less than 90 days after the accident happened.
- In the notices you will need to add the following:
- Your name and your legal representation
- Where and when the accident happened
- Basic description of how the accident
- A description of your injuries and expenses
Once this step is done you will be granted 1 year and 90 days to file the lawsuit, that is more than enough time for a New York subway accident lawyer to gather all the pieces of evidence and documents to present a solid case for you.
Causes of Subway Accidents
The most common causes of subway accidents are the following:
Mistakes made by subway operators, maintenance workers, or other staff members can lead to accidents.
There are many things that could fail, which is why it needs a rigorous maintenance plan to make sure that brakes, signals, doors, tracks, or electrical systems, are properly working and avoid accidents.
Track or Infrastructure Issues
We are talking about a 119 years old subway system, there is always a chance of having problems with the tracks, including defects, misalignments, or broken rails, which can lead to derailments or collisions.
Additionally, issues with tunnels, bridges, platforms, or other infrastructure elements can pose risks to train operations and passenger safety.
Signal and Communication Failures
Inadequate signaling systems can result in train collisions or miscommunications between operators and control centers. It is crucial that they have new technology working with expert technicians available. That will decrease the possibility of subway accidents.
Such a sensitive topic but it's latent in every New Yorker, the possibility of terrorism or criminal acts targeting subway systems can result in accidents, injuries, and loss of life.
With 67,087 employees in 2021, of which almost 89 percent worked as part of the maintenance and operations team. There are a lot of things to continuously work in the subway system but there is still room for accidents.
Common Injuries from Subway Accidents
In a subway accident which can be a place for a lot of different types of personal injury accidents, injuries could be minor and in other cases could be severe as death. Here is a list of the most common injuries that people could sustain in a subway accident:
- Broken bones: As a result of a slip and fall accident, you can get broken bones if you put your hands to absorb the fall.
- Amputation: People who get their libs out of the moving train or get trapped in the doors may result in serious injury that will mark them forever.
- Head injuries: If you fall down the stairs of the train station you may hit your head so hard resulting in Traumatic Brain Injury (TBI).
- Spinal cord injuries: Another common injury in slip and fall accidents, when people get to fall right over their thighs, the force of the impact may affect the spinal cord, causing a serious injury.
- Internal injuries: Hard strikes to your body from a moving train can lead to internal injuries to your vital organs.
- Cuts, Lacerations, and Bruises: These are minor injuries but still an injury that could be sustained while using this public transportation.
- Soft Tissue Injuries: Ligaments could be compromised if you fall from a significant height and depending on how you get to land.
- Burns: Fires can happen as a result of a malfunctioning on the electric system, you could get burned on your way out, depending on the degree of the burn it can be a minor to a very severe wound.
- Smoke Inhalation and Respiratory Issues: If you get caught in a fire, the smoke will spread quickly in that limited and crowded place, and you may get respiratory issues afterward.
- Psychological Trauma: Some people are prone to get psychological trauma after being hurt in a subway accident, it's imperative for these people to seek psychological help to overcome their fears. This could take longer to heal and could result in a significant financial cost.
- Crush Injuries: Every crowded place where is happening a certain type of unusual activity could lead to collective hysteria that could be lethal if hundreds of people trying to escape run over an individual who has fallen to the ground.
- Sprains and Strains: Sudden movements or falls during an accident can cause sprains and strains in joints, muscles, and ligaments. These injuries can result in pain, swelling, and limited mobility.
- Whiplash: In accidents involving sudden stops or impacts, individuals may experience whiplash injuries. This occurs when the head and neck are forcefully thrown backward and then forward, leading to neck strain and soft tissue damage.
What is "Shared Fault?"
Under the pure comparative negligence rule, if you are partly to blame for the injuries sustained due to the accident, you may share responsibility with the other party. That will make your compensation to be lower than 100% of your total losses.
Let's say for instance that a judge finds out based on the evidence and facts that your actions contributed to 20% of the accident happening, then you will be receiving compensation for only 80% of the total losses.
When filing a lawsuit to the government entities their strategy is going to be blaming you for your own injuries in order to get the less percentage of liability. A subway accident lawyer will fight against this strategy in order to get you the compensation you deserve.
Contact an NYC Subway Accident Lawyer for Help!
If you or a loved one resulted injured in a subway accident, don't hesitate to call The Ward Law Group. We have experienced subway accident lawyers that will gather all the documentation, help you to notify this entity, and get your expenses covered by the compensation you deserve.
Contact us now at 855-DOLOR-55 for a FREE consultation with one of our expert subway accident lawyers New York CIty. The Ward Law Group, PL with over 25 years of experience servicing the community. We strive to give a personalized service reaching you in your preferred language.