If your accident resulted from the negligence of the Metropolitan Transit Authority’s (MTA) or a negligent act or failure to act by an MTA employee’s negligence, you can sue the MTA.
- Steps to Take Before Suing the MTA
- Holding the MTA Liable
- Types of Accidents
- Compensation You Can Recover After a Subway Accident
- The Statutes of Limitations in New York
- A Lawyer Can Help with Your MTA Lawsuit
- Call Friedman & Simon, L.L.P. for Help Today
Steps to Take Before Suing the MTA
Before deciding to pursue legal action against the MTA, it is important to take certain steps to strengthen your case. First, document the incident by taking photos, collecting witness statements, and preserving any relevant evidence. Next, seek medical attention for your injuries and keep detailed records of all medical expenses. It is also advisable to report the incident to the MTA and file a formal complaint with their customer service department. Finally, consult with an experienced personal injury attorney to discuss your options and determine the best course of action for seeking compensation from the MTA. By following these steps, you can better prepare yourself for a potential lawsuit against the MTA.
For a free legal consultation, call 516-932-0400
Holding the MTA Liable
To hold the MTA liable for your injuries, you must prove that the MTA or one of its employees was negligent. Some examples of negligence may include:
- Operator error
- Equipment failure
- Poor training
- Poor track maintenance
- Poor station maintenance
- Signal failure
- Poor construction safety measures
Do not assume that the MTA is the only responsible party. There may be other parties that contributed to your injuries and should be held liable as well.
Types of Accidents
Anything can happen on a New York City train or bus, including:
- Victims falling off platforms while getting on or off the train;
- Subway car derailments;
- Injuries caused by sudden starts or stops;
- Injuries caused by turns at an excessive speed;
- Injuries from collisions; and,
- Injuries from doors suddenly closing or jamming.
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Compensation You Can Recover After a Subway Accident
If you file a lawsuit against the MTA, you may pursue compensation for:
- Lost wages
- Current and future medical costs
- Diminished earning potential
- Maintaining your household if you are disabled
- Decreased enjoyment of life
- Loss of consortium
- Pain and suffering
Your New York personal iinjury lawyer will review your case to determine what happened. If the bus or train was not properly maintained, the New York City Transit Authority (an affiliate of the MTA), can be held liable. They can also be held liable if their hiring practices for new employees are not thorough and they hired drivers without the appropriate licenses or expired licenses, or were in some other way unfit, in a way that ought to have been known, to perform their assigned duties. Drivers or conductors may be negligent, and the MTA held liable if the drivers or conductors failed to obey, as applicable, traffic signs and lights, speed limits, or violated traffic laws or operating regulations or safe practices in some other way.
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The Statutes of Limitations in New York
The statutes of limitations are different when you file a claim against a government agency or a municipality than when bringing a lawsuit against privately-owned companies or individuals.
If you are suing a government agency or municipality, a Notice of Claim must be served upon the government agency or municipality within 90 days of the date of the accident. If you miss any deadlines, the court could dismiss your MTA accident claims without ever considering their merits.
A Lawyer Can Help with Your MTA Lawsuit
Given the special procedures you must follow to file a claim against the MTA when you take action against New York City, trying to represent yourself in a lawsuit is challenging and can lead to an error that is fatal to your claim. We recommend you speak with an MTA accident lawyer who has experience handling these cases and not to shoulder the burden yourself.
Our team has handled many subway accident cases against MTA and we can handle yours, too. We will make certain that all deadlines are met, all necessary documents are properly prepared and filed and that your claim is prosecuted aggressively, as we fight to win the best possible outcome for you.
Call Friedman & Simon, L.L.P. for Help Today
If you have been injured in an accident involving an MTA train or bus and want to sue the MTA for your injuries, contact the legal team at Friedman & Simon, L.L.P. at (516) 932-0400 for a free consultation. We will come to you if you cannot come to us. Our staff can assist you in English, Spanish, Greek, Bengali, Tamil, and Kannada.
We will identify the liable parties in the lawsuit, communicate on your behalf, gather evidence, determine what your case is worth, and keep you updated on the status of your case. We work on a contingency basis, which means you pay us nothing unless and until you get paid.
Call or text 516-932-0400 or complete a Free Case Evaluation form