I Was Injured in a Subway Derailment: Can I File a Lawsuit?
In New York, millions of people rely on the subway system to get them to and from work and other locations. Commuters should be able to depend on the subway system for safe transportation. Unfortunately, accidents occur. When a subway accident results in injuries, injured parties can face extensive physical, emotional, and financial damages.
Derailments are a common type of subway accident. People injured in a subway derailment may wonder if they can file a lawsuit. Personal injury lawyers at Zucker & Regev, P.C. in Brooklyn, NY, work with subway accident victims to establish liability and determine the best legal action.
Recent Subway Accidents in New York
Subway accidents are not as unusual as some may imagine. In early January 2024, the Gothamist reported a subway derailment near the West 8th St.-New York Aquarium station on Coney Island. The train jumped the track, causing delays and requiring the removal of 34 passengers. Fortunately, there were no injuries in this accident. However, it was the second subway derailment of the year.
About one week before the Coney Island subway derailment, two subway trains collided and derailed on the Upper West Side. In addition to disrupting service for more than 48 hours, that accident caused minor injuries for 25 of its 300 passengers.
Causes of Subway Accidents
At the time of the Gothamist report, the cause of the Coney Island derailment had yet to be determined. Subway accidents can occur for numerous reasons. While some accidents are unavoidable, many are a result of neglect. Potential causes include:
- Improper maintenance
- Operator error
- Operator fatigue
- Driving while distracted or intoxicated
- Defective parts
- Computer system failure
- Faulty infrastructure
Liability for Subway Accidents: Can I Sue?
When a subway accident occurs due to recklessness or negligence, injury victims can likely sue the liable party for resulting economic and non-economic damages. Depending on the circumstances of the accident or derailment, liability may lie with the New York City Transit Authority (NYCTA) or a third party, such as a train engineering company or a parts manufacturer.
Our lawyers investigate on behalf of our Brooklyn clients to establish what caused a subway accident and who is at fault. Filing a lawsuit against a third party responsible for a subway derailment is usually straightforward. Suing a public authority, such as the NYCTA, is more complex, but it is possible to file a successful lawsuit.
Filing a Lawsuit for Subway Accident Damages
Because the NYCTA is a public authority, lawsuits against them have special requirements. A knowledgeable attorney, such as those at our Brooklyn law firm, works on your behalf to ensure all protocols are followed.
Before filing a lawsuit against the NYCTA, a Notice of Claim must be served. The notice has to be filed within 90 days of the accident, so victims must act quickly. The notice informs the NYCTA of the intent to sue and allows them time to investigate the accident.
A lawsuit can be filed 30 days after a Notice of Claim is served. Our lawyers can handle all aspects of a personal injury lawsuit, including:
- Gathering evidence, eyewitness testimony, and police reports
- Communicating with all parties
- Establishing liability and determining the value of the case
- Negotiating to prosecute the claim and maximize collected damages
Contact Zucker & Regev, P.C.
Hiring a knowledgeable personal injury attorney is vital when filing a lawsuit for subway derailment injuries. If you have been injured in a subway accident and would like to learn how the lawyers at Zucker & Regev, P.C. can assist you in collecting the damages you are due, contact our law firm and schedule a case review at your earliest convenience.
