The New York City subway system hosts about 2.4 million riders every day. The New York City subway system is one of the nation’s most utilized public transportation systems, and many New Yorkers depend on it for their daily transportation.
Unfortunately, what many people don’t realize is that the subway system can be dangerous, and subway accidents and fatalities occur more frequently than you might think.
However, if you were injured in a New York City subway accident, it may be comforting to know that you have a right to seek justice and compensation for your injuries. Because this legal process can be complex, you will want to ensure that you have a knowledgeable personal injury attorney on your side. At Glugeth & Pierguidi, P.C., we have the tools and experience needed to help you file a legal claim against the party that caused your New York City subway accident.
Below, this article will discuss liability for a NYC subway accident so that you can be more fully informed before pursuing a legal claim. We will also discuss the types of damages that you may be able to recover.
What Are Some of the Causes of New York City Subway Accidents?
New York City subway accidents can happen for a wide variety of different reasons. However, some of the most common causes of subway accidents include the following:
- Poor illumination of subway corridors;
- Faulty or defective parts;
- Improper maintenance;
- Bad weather conditions, including ice and snow;
- Uncontrolled fires;
- Lack of safety features;
- Broken platforms or escalators;
- Train car drivers driving under the influence,
- Train car drivers driving too fast,
- Slippery floors,
- Objects or animals on the subway tracks, and
- Lack of security.
These are just some of the most common causes of subway accidents in New York City. If you were injured due to one of the above or another type of dangerous condition, we recommend that you reach out to a personal injury attorney as soon as possible.
Common Injuries From NYC Subway Accidents
The New York City subway system is made up of 6,455 large, machine-operated subway cars. When these subway cars are involved in an accident, it can lead to serious injuries. Some of the most common injuries from subway accidents include:
- Head and brain injuries,
- Neck and spinal injuries,
- Soft tissue damage,
- Internal bleeding,
- Broken bones or fractures, and
- Burn injuries.
If you suffered one of the above or another type of injury from a New York City subway accident, you should seek medical attention immediately.
Who Is Responsible for a New York City Subway Accident?
The subway system in New York City is controlled by the Metropolitan Transit Authority (MTA). The MTA, which is a public benefit corporation, is in charge of providing transportation to the entire New York City metropolitan area. Oftentimes, when accidents or fatalities occur, the MTA can be held liable for any wrongdoing on its part.
In order to hold the MTA responsible for your injuries, you will usually have to show that the company was negligent. In the context of a subway accident, to show that the MTA was negligent, you will likely have to show the following elements:
- Duty—you must show the MTA owed you a duty of care;
- Breach—you must show that the MTA breached the duty of care they owed you;
- Causation—you must show that the MTA’s breach of duty caused your injuries;
- Damages—you must show that you suffered some kind of loss you can be compensated for as a result of your injuries.
A personal injury attorney will be able to conduct an independent investigation and gather evidence to help you prove the MTA’s liability for a NYC subway accident.
Why Is Suing the Metropolitan Transit Authority a Complex Endeavor?
As mentioned previously, suing the MTA can be legally complex. This is because the MTA is a public authority, and when suing a public authority, there are more legal hoops to jump through, and there are heightened notice requirements.
For example, before you can sue the MTA for any injuries you suffered, you will have to provide them with a Notice of Claim. A Notice of Claim must be filed with the MTA within 90 days of the incident that led to your injuries. A personal injury attorney can help you file this notice.
What Types of Damages Am I Entitled to After a Subway Accident?
Generally, there are two types of damages that you can recover after suffering an injury in a subway accident: economic damages and noneconomic damages. Economic damages compensate you for tangible, monetary losses. Some examples of costs and losses that give rise to economic damages include the following:
- Ambulance costs,
- Hospital visit costs,
- Doctor bills,
- Costs of medication,
- Costs of treatment,
- Property damage costs, and
- Lost wages.
These are just some of the different types of economic damages that you may be able to recover, but there may be more.
You are also entitled to seek compensation for your noneconomic damages. These types of damages compensate you for the emotional and psychological harm your accident caused you. Because these types of losses are subjective, non-monetary losses, they can be harder to quantify in terms of economic value. Some examples of noneconomic damages include the following:
- Pain and suffering,
- Loss of enjoyment of life,
- Emotional distress,
- Loss of consortium, and
- Permanent or temporary disfigurement.
An experienced personal injury attorney can help you get the most compensation possible for your noneconomic losses.
How Can Glugeth & Pierguidi, P.C., Help You?
If you were involved in a New York City subway accident, you need a lawyer who is familiar with all of the procedural complexities that accompany suing the MTA. At Glugeth & Pierguidi, we understand what it takes to stand up to a large public corporation, and we will have your back every step of the way.
Our firm has recovered millions of dollars in verdicts and settlements on behalf of our clients, and we are here to help you get the compensation that you deserve after an accident. Contact us today to schedule a free consultation.
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