Accidents happen every day in New York subway system, and there’s a statute of limitations in place for filing a claim against the New York City Transit Authority. Our law firm is well-versed in handling cases against pedestrians injured while in or on the subway. These personal injury cases are complex, and the laws regarding compensation for personal injury victims are strict. Anyone injured on the subway has only 90 days to file a claim with the transit authority before the timeframe expires and no case will be heard in regards to your accident. Our attorneys know how the transit authority works, and we work to ensure our clients don’t miss this deadline and the compensation they might be owed for their personal injury case.
New York Subway Accidents
The most common subway accidents include trip and fall accidents. Other accidents in the subway occur, but this is the most common complaint by those injured in the subway. When a person trips and falls along a staircase or on the platform in the subway, serious injury can occur. If this occurs, it’s imperative you remember where you were. If you can take photos of the location for proof, that is always helpful to your case. No case is considered worthwhile if the plaintiff in a New York subway accident case cannot discuss the location of the stair or the platform location on which they fell. It makes it impossible to determine the safety or issues at hand to cause the accident in which you were injured.
There are steps to take to ensure your case is as solid as possible if you slip and fall in the subway.
– Call transit police immediately
– Don’t move
– Take in any information you can find from where you are, and write it down
– Ask for witnesses to stay where they are to discuss what happened
– See if there was something that might have caused you to slip and fall that’s not your own fault
No one has a case against the New York Transit Authority without a solid case. Tripping and falling is not a reason to file a claim against the authority unless negligence played a party in the fall. For example, if a plaintiff falls because their own shoe is untied, they’re not watching where they’re going and miss a step, they trip on their own, or they trip over someone else, the transit authority is not to blame. Even if there is liquid on a stair or the platform, it’s not the fault of the transit authority as so many people are in and out of there in so little time anyone could have spilled anything without the authority being made aware of standing liquid.
This is why it’s imperative to take photos of any defects in the steps or on the platform, and to get witnesses and a formal statement by the Transit Police. If it’s determined that you have a solid case, you must file a Notice of Claim within 90 days of the date of the accident. Valid reasons to file a suit against the New York Transit Authority after you slip and fall might include:
– Defects in steps or on the platform
– Cracks and broken stairs
– Improper or no construction signs in a construction zone
– Poor lighting
– Broken escalators
– Hidden debris
– Negligent maintenance
If it can be proven that negligence was the cause of your slip and fall, you are owed compensation for your injuries. This compensation can include the cost of any doctor appointments you had since the accident to handle your injuries, medical bills, medications, rehabilitation to recover from your injuries, and even pain and suffering. If you were out of work as a result of your injuries, you’re owed lost income.
Slip and fall accidents are not the only cause of injury in the subway. While they’re the most common, other factors can cause anyone to suffer injury while on the subway. There are nearly 4 million people on and off the subway on a daily basis, and accidents happen. You might have a case if you’re injured because of the following while on the subway:
– Sudden stops
– Injuries sustained in the turn style
– Operator negligence
– Doors opening and closing
– Negligent security
There’s very little the law doesn’t cover. A person who is personally injured or assaulted in a subway due to a lack of security guards to stop the act of sexual violence, robbery, or physical assault can sue the subway system for negligence.
The New York Transit Authority is required by law to maintain their transit system with a reasonable duty of care. Any injuries that occur due to a lack of reasonable care can result in a payout to the victim of any negligence that occurs in the subway. Legally defined, Duty of Care means to, “act reasonably so as to avoid injuring other people,” and failure to meet this reasonable care means the transit authority is liable for injuries.
Legal Action in Subway Accidents
The best course of action is to prevent a subway accident from occurring. Be vigilant, do not use the subway while distracted, obey all posted warnings and regulations, and watch out for construction signs. It’s best to keep yourself safe while assuming the transit authority will do the same. When an accident occurs, don’t wait to contact a legal professional. The transit authority works hard to ensure their visitors are safe in their subways but when an accident occurs, it’s best to file a claim as quickly as possible.
The legal terms and requirements issued by New York lawmakers aren’t always easy to understand, and anyone injured on the subway deserves an attorney who is practiced in the area of personal injury law as it relates to the subway. Our attorneys have the experience needed to handle cases of this nature in a successful manner. Let us help you before time runs out. There’s only 90 days to file a claim, and oftentimes the victim of an accident on the subway has so much going on all at once they can’t file a claim in a timely fashion. Let our accident attorneys help file your claim as well as a suit so you can focus on your recovery. It’s our job to handle your case so you can handle your health, and our attorneys can get the most compensation possible for you to get through this difficult time.