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 (NYCTA), an agency of the Metropolitan Transportation Authority (MTA) can be held liable, as may other parties. Our legal team will review your case and help you identify who may be named in your personal injury claim or lawsuit.
In This Article
- Causes of New York Subway Accidents
- Liable Parties in a New York Subway Accident
- The Complexity of Suing MTA/NYCTA
- The Statute of Limitations Sets a Deadline for Taking Legal Action
- What We Can Do for Your New York Subway Accident Case
- Call Us Today for a Free Case Review
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
If your subway accident case involves any of the above factors, you may be eligible to sue a negligent party in New York. Still, even if your subway accident occurred because of other causal factors, you may be eligible to sue for your injuries on those grounds.
Our legal team will review your case and explain your litigation options once we understand the circumstances surrounding your subway accident.
For a free legal consultation, call 516-932-0400
Liable Parties in a New York Subway Accident
If you were involved in a New York subway accident, the MTA or NYCTA may be held liable for your damages. However, be aware you will likely need to contend with numerous technical legal rules and critical deadlines that apply toward cases involving government entities.
If another individual caused you to be in a subway accident, you may also file a personal injury claim or lawsuit against them to pursue damages.
When Third Parties Contribute to Subway Accidents
Sometimes, a third party can be a defendant in a personal injury lawsuit. For example, you may qualify to sue:
- A train engineering company if there is a design flaw in a part of the train or rails
- A parts manufacturer if it supplied the MTA or NYCTA with defective products
These negligent entities can be included in an injured party’s claim or lawsuit.
The Complexity of Suing MTA/NYCTA
Because the MTA and NYCTA are both considered “public authorities,” cases involving these figures have special requirements. Any time one files a claim against a municipal entity, a potentially complex legal process is initiated.
Notice of Claim Requirement
A Notice of Claim must be served before your lawsuit is filed. This must be done within only 90 days from the date of the accident, so making certain it is properly prepared and served promptly is critical.
If you do not file a notice of claim within this period, your case may be dismissed upon submitting it into the courts system. Do not let a failure to comply with such legal technicalities bar you from pursuing compensation. When you retain our services, we make sure a Notice of Claim is filed in a timely and legally correct manner, relieving you of any stress in this regard.
Get an Advocate to Stand Up Against Defense Lawyers
When you hire a lawyer from our team, we make sure you abide by all the rules required for pursuing a claim against the MTA or NYCTA.
One of our attorneys familiar with this type of lawsuit will also help you navigate through the masses of red tape and strategically block the savvy techniques of the municipality’s or public authority’s full-time defense lawyers.
The Statute of Limitations Sets a Deadline for Taking Legal Action
In addition to the time limit for the service of a Notice of Claim, discussed above, subway accident cases, like all other personal injury cases, are governed by a number of rules regarding deadlines. Of great importance in every case, 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 lawsuit for damages.
Missing your case’s filing 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.
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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 a 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 fair compensation 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 a contingency-fee basis, meaning you pay us only when you get paid.