Can I Sue If I Was Involved In A Subway Accident In New York?
Yes, you can sue for your injuries, lost wages, medical expenses, pain and suffering, and other damages if you are involved in a subway accident in New York. The New York City Transit Authority, an agency of the Metropolitan Transportation Authority (MTA) can be held liable, as may other parties.
Causes of New York Subway Accidents
A subway accident can result from a combination of causes. Although some accident types cannot be avoided, others occur due to negligence. The following forms of negligence can lead to subway accidents:
- Faulty or defective parts
- Operator fatigue
- Improper maintenance
- Driving too fast
- Faulty infrastructure
- Driving while distracted
- Driving while intoxicated
- Object or animal on the subway tracks
- Lack of safety features
- Broken platforms, stairs, escalators
- Computer system failure
- Lack of security
Liable Parties in a New York Subway Accident
If you were involved in a New York subway accident that involved any of the above—or any other negligent causal factors, MTA / NYCTA may be liable for your damages. However, be aware you will likely need to contend with numerous technical legal rules and critical time-deadlines.
Sometimes, a third party can be a defendant in a personal injury lawsuit. For example, if there is a design flaw in a part of the train or rails, or if a parts manufacturer supplied the MTA / NYCTA with defective products, these negligent entities can be included in an injured party’s claim or lawsuit.
The Complexity of Suing MTA/NYCTA
Any time you file a claim against a municipal entity or, as in the case of the MTA/NYCTA, a “public authority”, you need to be ready for a complex legal process. For example, you will need to file a Notice of Claim before filing your lawsuit. This must be done within only 90 days from the date of the accident so making certain it is properly prepared and served timely is critically important.
You would be well advised to consider hiring a lawyer that can make sure you abide by the rules required for filing against the MTA/NYCTA. An attorney who is familiar with this type of lawsuit can also navigate through the masses of red tape and strategically block the savvy techniques of the municipality’s/public authority’s full-time defense lawyers.
Statutes of Limitations Limit Your Time for Taking Legal Action
There is a statute of limitations under the laws of New York that limits the amount of time you have following your subway accident to file a legal claim for damages. Suing MTA/NYCTA might mean you have a shorter deadline. Missing this deadline can jeopardize your ability to receive compensation for your injuries. A New York personal injury lawyer at Friedman & Simon, L.L.P. is aware of these state deadlines and will ensure that you do not miss this important filing date.
What We Can Do for Your New York Subway Accident Case
By hiring a personal injury lawyer to represent you in your quest for compensation following your subway accident in New York, you can avoid the tangled web of deadlines, investigations, evidence gathering, witness interviewing, and negotiating with insurers and lawyers.
Friedman & Simon, L.L.P. will handle every aspect of your claim to get you the maximum compensation possible for your injuries. We will:
- Gather evidence, including eyewitness testimony and police reports
- Identify liable parties
- Determine the value for your case
- Communicate with all parties for you
- Determine the value for your case
- Negotiate effectively on your behalf and aggressively prosecute your claim
Call Us Today for a Free Case Review
Our legal team will meet with you on Long Island or elsewhere in the New York metropolitan area to review your case and give you a free consultation. Our multilingual staff is ready to welcome you as a client. Keep in mind that we work on contingency, meaning you pay us only when you get paid.