Queller, Fisher, Washor, Fuchs & Kool, L.L.P.

Subway Accidents

Subway StationThe New York City subway system is operated by the New York City Transit Authority (NYCTA), under the Metropolitan Transportation Authority, MTA New York City Transit is the largest public transportation agency in the United States of America and among the largest in the world. Approximately 5.6 million people ride the subway every day and approximately 1.751 billion people ride the subway annually (as published in 2014). The NYCTA operates more than 6,300 subway cars, maintains 660 miles of track and operates 469 subway stations.

A person utilizing the NYC subway system has the right to expect that the NYCTA acts in a reasonable manner in providing a safe subway system, including subway trains, stations and platforms, for those persons lawfully using the system. When a person is injured through the negligence and carelessness of the NYCTA in the performance of their legal duty, the injured person has the right to bring a claim and lawsuit against the NYCTA.

There are numerous ways in which a person can be injured on a New York City subway or subway station. The common ways in which an accident can occur are as follows:

  • Subway Operator negligence
  • Sudden stops
  • Closing doors
  • Subway crashes or derailings
  • Falls onto tracks
  • Lack of safety barriers or railings
  • Subway platform defects
  • Crowding/poor crowd management
  • Negligent security
  • Turn style injuries
  • Electrocutions
  • Broken stairs or platforms
  • Broken escalators
  • Broken or defective equipment
  • Slippery floors
  • Poor lighting
  • Hidden debris
  • Obstructed warning signs
  • Negligent maintenance

Subway accidents can result in catastrophic injuries, including brain trauma, spinal cord damage, paralysis, amputation, broken bones or complex fractures, and even a tragic death. When a passenger is injured or killed in an accident on a subway train or at a subway station, the NYCTA and any other responsible parties may be held legally accountable.

The Notice of Claim Requirement

SubwayWhen an individual is injured in an accident involving a New York City subway, they may have grounds to file a lawsuit against the NYCTA. Lawsuits against the NYCTA, however, differ from those filed against normal citizens and insurance companies, as the NYCTA is considered a municipal subdivision of a municipality. A "municipality" refers to any type of government entity, such as villages, towns, cities, or states. A "municipal subdivision" refers to any agency, such as the NYCTA, police, EMTs, firemen, or teachers that work for the municipality. While injured individuals typically have up to three years to file a negligence lawsuit, the time constraints differ for claims against the NYCTA. When filing a claim against the NYCTA, injured individuals typically have to file a Notice of Claim within 90 days and bring a lawsuit within a year and 90 days.

Don't Hesitate to Retain a Skilled New York Subway Accident Lawyer

Due to the time constraints imposed by the statute of limitations and the requirement to file a Notice of Claim within 90 days, individuals who wish to file a lawsuit against the NYCTA should retain an attorney as soon as possible. In New York, the deadline to file a Notice of Claim after an accident is 90 days while the statute of limitations is a year and 90 days. At Queller, Fisher, Washor, Fuchs & Kool, our New York Subway Accident attorneys have years of experience representing injured individuals in lawsuits against the New York City Transit Authority. We realize there are strict deadlines for filing claims against the NYCTA. As a result, we handle all of our clients' claims in a timely manner. Our firm will handle all aspects of the legal process, including filing the Notice of Claim, filing the lawsuit, interviewing witnesses, negotiating settlements where appropriate, and pursuing maximum compensation in court.

Have you or someone you love been involved in an accident on a subway train or in a subway station that you believe was the result of the negligence of the New York City Transit Authority? If so, you may be able to recoup compensation for your losses. For a free review of your legal options, call 212.406.1700 or fill out our online case review form.

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