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Every day in 2023, an average of 3.6 million people rode the New York subway. It is one of the largest and most used transportation systems in the country, and although most trips are uneventful, there is always the possibility of suffering injuries in an accident.  

Frequently Asked Questions About NYC Subway & MTA Accident Claims 

What should I do after a subway or MTA train accident in NYC?
Seek medical attention immediately, report the incident to the MTA, document the scene if possible, and speak with a NYC subway accident lawyer as soon as you can. 

Can I sue the MTA for injuries from a subway accident?
Yes, but special rules apply. The MTA is a public benefit corporation, so you must meet strict notice and filing deadlines to pursue compensation. 

How long do I have to file a claim against the MTA in New York?
You must file a Notice of Claim within 90 days of the accident. After that, you generally have one year and 90 days from the accident date to file a lawsuit. 

What causes most subway accident injuries in NYC?
Common causes include operator error, poor station maintenance, defective equipment, infrastructure failures, and dangerous actions by other passengers. 

Who is liable for injuries caused by unsafe subway conditions?
The MTA may be liable if it knew or should have known about a dangerous condition and failed to fix it within a reasonable time 

If you have sustained injuries in a subway train accident in NYC, knowing your rights is essential. Learn more about what causes these incidents and what parties you can hold responsible.  

What Causes Subway Train Accidents in NYC? 

MTA or subway train accidents can occur as a result of numerous factors, from operator error to equipment malfunction.  

Operator Error 

Just like drivers of other vehicles, including passenger cars, subway operators can become distracted on the job. They might be fatigued, leading to slower reflexes and coordination problems. Operators may also not follow safety protocols, which can result in sudden stops, speeding, and even collisions with other trains.  

Infrastructure Issues 

The train system is an intricate array of structures that need to be maintained. Subway tracks have to be kept clear of debris at all times, and power systems have to be fully functional to provide brakes. If the maintenance schedule is ignored, the infrastructure can start breaking down, leading to accidents.  

Poor Station Maintenance 

It’s also possible to suffer injuries before you even get on the train. Escalators, platforms, and walkways have to be safe for all of the people who rely on them every day. This is particularly important in the winter, when ice and snow can make surfaces slippery.  

Equipment Failure 

The entire subway system relies on numerous moving parts. If any piece of equipment fails because of manufacturing or maintenance issues, everything from collisions to derailments can occur.  

Passenger Actions 

One of the most significant causes of subway injuries is the actions of other passengers. People can push, shove, and even cause intentional harm.  

Liability in NYC Subway Train Accidents 

If you have sustained injuries in a subway accident, you may be entitled to begin a personal injury claim to recover your losses. However, it’s not always clear who may be liable for train accidents.  

If operator error led to your injuries, you can file a claim against that individual, but you may also be able to hold their employer responsible, which is typically the Metropolitan Transportation Authority (MTA). Vicarious liability laws hold the principal responsible for the actions of their agents.  

It’s important to understand, however, that the MTA works as a public benefit corporation of New York State. That means it has some protections from lawsuits.  

It can be held liable for hazards caused by defective or dangerous conditions on its property if it had received constructive notice that the danger existed and did nothing to fix it. This is different from most premises liability cases.  

To be able to hold the MTA responsible for your losses, you have to demonstrate that it knew or should have known that the hazard existed. If the condition existed for a significant amount of time, for example, it’s usually assumed that the MTA should have learned about it during regular inspections.  

MTA Notice Requirements and Time Limitations 

Another challenging aspect of filing against the MTA is that you have notice requirements you must meet. You must file a notice of claim against the MTA within 90 days of the accident that led to your injuries. Failing to do so will completely bar you from recovering compensation, no matter how severe your losses were.  

Once you serve the notice, you have one year and 90 days from the date of the accident to begin a claim. This is a much shorter timeline than you would have if you were filing a claim after a car accident or slip and fall incident, in which case, it’s three years. 

Injured in a Subway Accident? Ask4Sam 

If you have suffered losses in a subway accident in NYC, the process of filing a claim and receiving compensation is a lengthy and complex one. This is especially the case if you have to file against the MTA. It is not a legal action you should ever begin on your own.  

At Silberstein & Miklos, P.C., we provide the legal support you need to begin a claim. We understand how difficult it is to file a claim while dealing with serious injuries, so our team is here to provide the compassionate guidance you deserve. Contact our team to schedule a free consultation with a lawyer.