Subway Accident Attorney in New York
The public transportation system is an integral part of life in New York City. Millions of people working, living or vacationing rely on the subways to get from place to place. The New York City Transit Authority operates most of the trains in this massive network and has a duty to keep every passenger reasonably safe from harm. You can hold the Transit Authority liable when it fails in this duty. Lawsuits filed against the Transit Authority are not typical personal injury cases. New York City subway accident attorney Brian J. O’Connor has successfully litigated many municipal negligence cases against the Transit Authority as both a defense and plaintiff’s attorney. This dual experience in such a particular area of the law is something very few of the many lawyers in the City have. Brian’s experience can make all the difference in the compensation you recover.
Common Types of Subway Accidents in New York City
You can suffer injuries due to negligence at subway stations and while riding on trains throughout the transit system. You can recover compensation for situations involving:
- Sudden train acceleration or stops
- Train doors that close without warning
- Injuries from turnstiles
- Operator negligence
- Maintenance issues
- Debris on platforms, walkways and stairwells
- Slippery or wet flooring
- Crimes that occur due to negligent security
- Tripping on uneven, cracked or broken stairways and platforms
- Escalator accidents
- Inadequate warning signs or lighting
How Much Time Do I Have To Bring A Subway Accident Claim?
The MTA and the NYC Transit Authority are responsible for the operation of subway trains and the maintenance and repair of subway stations. These public authorities have special time requirements that are much shorter than the typical personal injury case in New York.
You must file a notice of claim with the proper public authority within 90 days of your accident or you risk losing your case. Assuming you timely filed your notice of claim on the correct entity, you must then file your lawsuit within one year and ninety days after the accident.
Our Experienced New York City Subway Accident Lawyer Advises The Next Steps You Should Take After an Accident
After an accident, most people are either too embarrassed or in so much pain that they do not think clearly, making mistakes that can harm a potential case against the negligent party who caused the accident. Here are 5 steps you should take immediately after a subway accident:
If you are involved in a New York City subway accident, whether on a train, a platform or a stairway, make sure you report the accident before you leave the station.
It has been my experience over more than 20 years, that the MTA and the NYC Transit Authority will deny the accident or injury ever happened because they have no record of it. Make sure you notify the station agent, train operator, or other transit employees about the accident and obtain an accident report number.
Get medical attention as soon as possible.
Even if you do not think your injuries are serious, make sure you are examined by a doctor or hospital as soon as possible. An accident can increase your adrenaline which has been known to mask pain. You may be more seriously injured than you think. The medical record also serves as evidence that the accident happened and acts as proof that you made complaints soon after the accident. Without a recent hospital or doctor visit, the Transit Authority will dispute the cause and the severity of your injuries.
Take photos of the dangerous condition.
If your accident was due to debris or snow and ice on the stairway or even a cracked and broken platform, it is important to take photos of the condition as soon after the accident as possible. If you are physically unable to do so, ask a passenger or passerby. The Transit Authority will dispute there was a dangerous condition present if there are no photos.
Obtain names and phone numbers of eyewitnesses to your accident.
As a New York City subway accident lawyer, I have litigated many cases against the MTA and the NYC Transit Authority over the past 20 years and have found that without a report of the accident or names of witnesses, they will deny the accident occurred at all. Clients typically testify about the “good Samaritan” who helped them up after the accident, but rarely get their contact information. By getting the names of employees, passengers or good Samaritans, you can help your case from the start.
Call an experienced NYC subway accident lawyer.
An injury case against any municipal entity requires close attention to detail and the specific knowledge required to quickly prepare your case. I advise any subway accident victim to call an attorney as soon as possible as the time limit to file a case is only 90 days or your case will be lost before it begins. At The O’Connor Law Firm, your subway injury attorney will immediately investigate a subway accident by visiting the scene and taking photographs as well as measurements of any defects or conditions that may have caused your accident.
Call Us for a Free Case Review by an Experienced New York City Subway Accident Lawyer
We are available to answer your questions and help you understand your legal rights and options. Contact our offices at 212-566-4868 or 718-948-3500 or email us today.