Subway Injuries: Understanding Your Rights as a Commuter

Subway Injuries: Understanding Your Rights as a Commuter

According to the Metropolitan Transit Authority (MTA), around 3.6 million people ride the New York City subway every day. While the majority of subway journeys are uneventful, sometimes things go wrong, resulting in serious injuries.

For example, in one notable incident in January 2024, a train derailed, injuring at least 26 passengers. While most subway accidents may not happen in circumstances as dramatic as these, they can leave injured passengers facing a long and painful recovery. If you or a loved one has been injured in a subway accident that was not your fault, you may have the right to hold the responsible party accountable and pursue compensation for your injuries.

In this post, you can explore the legal options open to you if you have been injured in an accident involving the subway. We will examine what subway accident lawyers can do to help victims pursue compensation and face the future with confidence once again.

Why Do Subway Accidents Happen?

Each subway accident is unique, but when you start digging beneath the surface, a few common themes usually emerge. Understanding the root cause of the subway incident that led to your injuries is crucial for establishing liability and building a strong case for compensation.

An investigation into a subway accident typically reveals one of the following causes.

Operator error

Subway drivers may get distracted, tired, or inattentive on the job, leading to accidents. Failure to follow safety protocols could lead to speeding, sudden stops, collisions, and train derailment.

Equipment failure

Subway trains rely on many moving parts that must be regularly serviced and repaired to keep them operating safely. Brake or signal system failures can be catastrophic. If parts fail due to poor manufacturing processes, collisions and derailments can result.

Infrastructure problems

Subway tracks and power systems require regular maintenance to keep them to a safe working standard. If maintenance schedules are not adhered to, the chances of an accident occurring significantly increase.

Poor station maintenance

Subway stations also require regular cleaning and maintenance to keep them safe for the commuters who rely on them each day. Platforms, escalators, elevators, and walkways must all be kept safe. In the winter, that means clearing ice and snow promptly in the many above-ground stations on the subway system. Failure to follow subway station safety protocols can result in dangerous conditions that cause severe injuries.

Passenger actions

Sadly, the greatest threat to our safety on the NYC subway system sometimes comes from other passengers. Pushing, shoving, and malicious actions lead to injuries every year.

NYC Subway Injuries

The scenarios mentioned above can cause a wide range of serious injuries that can have a devastating impact on victims’ lives. Here are some of the most common subway injuries and what you should do to strengthen your chances of securing compensation.

Back injuries

Fall incidents can occur for a variety of reasons on the NYC subway, including:

• Sudden stops or jolts on a subway train
• Slips on slippery or icy surfaces
• Pushing and jostling from other passengers

A hard fall on the back or backside can lead to back and spine injuries. Severe injuries, including paralysis, can result if the spinal cord is damaged.

Broken bones

Like back injuries, broken bones may be sustained during jerky rides or falls due to unsafe conditions on trains or at subway stations. While some breaks are relatively minor, others can cause severe physical and mental consequences. These may include nerve damage, chronic pain, movement difficulties, and long-term emotional challenges.

Head injuries

Fall accidents on the subway also pose the risk of head injuries. If your head hits the floor or a subway car window or wall with sufficient force, you may sustain a traumatic brain injury (TBI). At their most serious, TBIs can cause permanent disability and require long-term medical care.

Death

Tragically, every year, people lose their lives on the New York City subway. While some reasons include suicide, trespassing, and dares, others are caused by accidents.

If you have lost a loved one on the subway system, it is important to seek answers and explore your legal options. Experienced New York City personal injury attorneys can listen to your story with compassion and explain your legal rights.

Determining Liability for NYC Subway Accidents

When a New York law firm agrees to take on your subway accident case, they must first identify the liable party. This is the person or organization from whom you seek to recover compensation, either through a personal injury lawsuit or a claim leading to a negotiated settlement.

As we saw above, subway accidents can have many different causes, meaning there could be multiple liable parties. In some cases, accident victims may also share a measure of blame for the accident.

In such situations, don’t conclude that you do not have a case. Under New York’s pure comparative negligence laws, you may still be able to pursue compensation even if you were up to 99 percent liable for the accident. Experienced attorneys can talk you through your legal rights and explain whether you have a strong case for recovering compensation.

In subway accident claims, you may be able to pursue one of the following parties for compensation.

The New York City Transit Authority

There are two legal entities involved in the running of the NYC subway system: The New York City Transit Authority (NYCTA) and its parent, the Metropolitan Transportation Authority (MTA). These two legal entities are responsible for ensuring passenger safety. If one of these agencies fails in its duty to provide a safe environment, you may be entitled to sue it for compensation.

Many cases have established that the MTA and NYCTA can be held liable for injuries to the public on the NYC subway system. A 2016 report found that in the previous 5 years, the New York City Transit Authority had concluded 4,592 cases and paid out $431 million in compensation to victims.

Scenarios in which the MTA may be responsible include:

• Train derailment
• Platform accident
• Fall injuries
• Defective equipment or improper maintenance
• Criminal acts (in certain circumstances)

Each subway incident is unique and must be properly investigated by personal injury lawyers to determine liability. After a subway incident, the MTA’s insurance company is likely to make a lowball offer to settle your case and sign away your rights to future legal action.

Do not sign anything until you have consulted experienced personal injury attorneys who have your best interests at heart rather than the MTA’s bottom line.

Third-party Liability

While the MTA has a duty to care for passenger safety, in some scenarios, third parties may bear partial or full responsibility for causing your injuries.

Potentially liable parties could include:

• Contractors: If the MTA hires private contractors, such as maintenance crews, janitorial companies, or construction firms, who act negligently as they carry out their duties, the contractor may be at least partially liable for the injuries that result.

• Defective parts: If the parts supplied by a manufacturer are found to be defective, the manufacturer could bear responsibility for the accident under New York’s product liability laws.

• Passenger actions: Sometimes, other passengers could be liable for your injuries if they act negligently or maliciously, causing serious injuries. This would include situations in which a passenger pushes another in front of an oncoming train or onto the tracks.

MTA Employees

Generally, there are certain legal protections in place that prevent MTA employees from being sued personally for their actions in the course of carrying out their duties. However, under New York law, “the duty to indemnify… shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee.”

Simply put, if an MTA employee caused your injuries by acting intentionally or recklessly, you may be able to pursue him or her for compensation. Situations like this underline the importance of seeking qualified legal advice from an experienced subway accident lawyer who can provide accurate, tailored advice about your specific case.

Your Rights After a Subway Accident

The NYC subway can be a scary place to get injured. After the dust settles, the thought of filing a personal injury lawsuit against the MTA or another party could be overwhelming. However, do not let anyone prevent you from pursuing qualified legal advice and fully understanding your legal rights after a subway accident.

With the right legal advice and representation, the pressure can be taken off your shoulders, and you can pursue fair compensation for the suffering you have endured.

How subway accident lawyers can protect your legal rights

Experienced attorneys can listen to your story with compassion and explain your legal rights in a clear, straightforward manner. If a firm of personal injury lawyers agrees to take on your case, they will do all the heavy lifting for you.

From investigating the case and gathering evidence to playing hardball in negotiations or fighting your case in court, they will carry the load every step of the way.

Subway accident lawyers can do the following:

• Determine the strongest route to financial recovery: They can assess whether your case falls under personal injury, premises liability, or wrongful death and build a strong case to give you the best chance of a successful outcome.

• Meet legal deadlines: In most personal injury cases in New York, you have a limited time to file a claim. However, you must file a Notice of Claim against the MTA soon after the subway incident in order to retain your right to file a personal injury lawsuit against them. Then, you must file a lawsuit within a predetermined period of time after your accident, or you may lose your opportunity to sue the MTA. If you talk to a subway accident lawyer quickly after your accident, he or she can ensure these deadlines are met.

• Navigate legal complexities: The MTA has waived its right to sovereign immunity, which is the right to avoid being sued as a government agency. Still, many complications remain when pursuing compensation from the MTA. Experienced subway accident lawyers are familiar with these laws and know how to work within them.

Compensation in subway accident claims

Subway accident victims could be entitled to economic and non-economic compensation.

Economic compensation includes:

• Lost wages
• Medical expenses
• Property damage

Non-economic compensation is broader-ranging. Depending on the impact of your accident, it could include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment in life

Every subway accident case is unique, and a personal injury lawyer can advise you on the compensation you may be entitled to in your situation.

Let Hill & Moin’s Subway Accident Lawyers Fight for Your Rights

If an accident anywhere on the NYC subway system has left you in pain, struggling financially, and desperate for answers, it is time to talk to the experienced attorneys at Hill & Moin. With more than 60 years of combined experience in fighting for the rights of New Yorkers, we are known by clients as the “lawyer in the family.”

We pride ourselves on the personal approach we take to every case. Our legal team includes a full-time investigator, allowing us to get to the heart of questions of liability and fair compensation.

Over the decades, we have proven to be skilled negotiators and aggressive litigators who are not afraid to take on any organization that has trampled on New Yorkers’ rights. We have secured 6- and 7-figure settlements for people injured on the subway – will you be the next to secure fair compensation?

Discover your rights during a free consultation with one of our experienced and compassionate subway accident attorneys today. Call (212) 668-6000 or contact us online to schedule a free discussion of your case.

Don’t wonder about your rights!