For many, riding the subway in the Bronx and throughout New York City is not a luxury but a necessity. It is a necessity that comes with a risk.
Beyond these accidents, the MTA also reports between 80 and 150 fires on subway cars or in the subway system each year. A fire within an enclosed space like a subway rail car or an underground station can quickly endanger the health and safety of riders and MTA employees alike.
If you or your loved one become one of the thousands of people injured each year while using New York City’s subway system, let Ivan Diamond, Bronx Personal Injury Lawyer assist you. Obtaining compensation for your injuries and losses can be challenging, but a reputable Bronx Subway Injury Attorney has the experience necessary to help you.
Types of Injuries on Subways in the Bronx
New York’s subway system is a marvel of technology and engineering. The system consists of about 660 miles of track, which is roughly the distance between New York City and Chicago as the crow flies. There are over 450 subway stops in operation, and about 1.7 billion people ride New York’s subways every year.
According to the Metropolitan Transportation Authority’s (MTA) data, approximately five subway riders experience an accident using the subway for every 1,000,000 riders. Considering that about 2.4 million people ride the subway daily, that works out to about 12 accidents per day and about 4,380 accidents per year.
The MTA reports there are 70 subway stations in the Bronx alone, and an injury accident could occur at any one of them. Some of the types of injury accidents that can occur while using the MTA include the following:
Collisions and Derailment
Keeping subway rail cars from striking one another or derailing is a precise, well-choreographed exercise. If a subway train travels too quickly or slowly, it can lead to an accident in which one train strikes another.
If even one of these trains is traveling at speed, the force of the impact can cause a derailment that can injure passengers on the trains and bystanders nearby.
Excessive speed can also lead to a derailment without a collision with another train. When a subway train travels at an unsafe speed, it is likely to lose contact with the rails, especially on curves and turns.
Passengers inside the train cars can suffer head and back injuries, broken bones, and emotional trauma from the accident. Motorists or pedestrians near the derailment site can suffer catastrophic or fatal injuries if struck by the derailed subway or debris.
Slips, Trips, and Falls
Subway stations are crowded, noisy, and busy places. You are most concerned with getting through the station and arriving at the platform in time to catch your train. Yet all along the stairs and walkways, there can be hidden dangers. Spills that have not been cleaned up, construction debris and tools, and other obstacles can easily lead to a slip, trip, or fall.
Falls can lead to traumatic brain injuries and spinal cord injuries, among other harm. The risk of a severe injury increases if the slip or trip occurs while traversing stairs or motorized walkways. A slip or trip near the edge of a platform can prove fatal if a person falls onto the tracks and cannot get to safety quickly.
Acts of Violence and Criminal Acts
Although subways in the Bronx are monitored, law enforcement and public safety officials cannot be present everywhere at all times. There is always a risk in New York City that you will be the victim of a crime while using the city’s subway system.
From forceful robberies to assaults and other criminal acts, a person can sustain various injuries of varying severity during an attack.
Being the victim of a crime can lead to emotional and mental trauma and physical injuries. Victims of crime may feel less safe leaving their homes or using the subway in the future, which can impact their careers and enjoyment of life.
What a New York Subway Injury Lawyer Can Do for You?
When you or a loved one have been hurt in a subway accident in the Bronx, your subway injury lawyer with Ivan Diamond, Bronx Personal Injury Lawyer will gather the evidence you need to file a compensation claim and seek damages from responsible parties.
While you and your family recuperate physically and mentally from your ordeal, Mr. Diamond can focus on protecting your legal rights and help you financially recover from the costs and expenses of the accident.
Your dedicated attorney can analyze the facts of your case, help quantify the loss you experienced, and advocate for you to receive the compensation you need to be made whole.
Who Pays When You Are Hurt in an MTA Subway Accident?
Immediately following an accident on the MTA transit system, determining who caused the accident that led to your injury is paramount. Identifying the culpable party or parties whose conduct led to your injury accident allows you to bring a lawsuit against them, demanding that they pay for your injury-related expenses and losses.
One of the first parties you may think of as being responsible for your accident is the MTA itself and its employees. If your injury results from a derailment or collision, then MTA employees, supervisors, and the agency may all be parties that can be sued for damages.
Liability would depend on whether the accident that injured you resulted from an employee’s or supervisor’s carelessness or recklessness while on the job.
We see this conduct in:
- A drunk, unfit, or distracted subway operator
- A subway operator who speeds or ignores the train’s speed
- An MTA employee who fails to clean up a dangerous condition or spill at a station
- The MTA, if it fails to dispatch workers to repair an unsafe stairwell, elevator, or section of track
- An MTA employee who fails to notice a defect with a rail car and uses the defective train
Another potentially liable party is any construction company and independent contractor the MTA hires to work on the subway system. This may include companies that repair and improve stations and businesses that fix and maintain damaged rail cars. These companies are responsible if their employees negligently perform their work.
You may hold the MTA liable if it carelessly vetted the company before allowing it to work on the subway.
Suppose the company hired by the MTA had a history of safety violations or performed subpar work in the past. In that case, MTA’s decision to employ the company may be considered negligent and subject the MTA to legal liability for your injuries.
Lastly, in some cases, a private citizen is the person whom you should sue. A person who carelessly pushes you while attempting to fight their way through a crowded station can be sued if you sustain injuries during the incident.
Similarly, a person who commits a crime against you can be held civilly responsible for your injuries. You may be able to recover compensation even if the person is never charged or convicted in a criminal court.
Obtaining the maximum compensation for your injuries is only possible if you and your subway injury lawyer bring suit against every person and entity who played a role in your accident.
Failing to bring a claim against the parties that harmed you can mean a partial financial recovery at best. As an experienced subway injury lawyer, Ivan M. Diamond knows how to thoroughly investigate the circumstances of your accident so that you do not leave any guilty party out of your lawsuit.
Special Challenges When Suing the MTA
In a typical civil personal injury lawsuit, you have three years from the date of your injury to commence your suit by filing a complaint in court. So long as you file your civil complaint with the court before the expiration of three years, your claim can proceed, and you can recover compensation if you prove your case.
The Metropolitan Transportation Authority is not a private citizen or business but a public entity and part of the local government. Under the legal doctrine called sovereign immunity, you cannot bring suit against a government entity or any of its subordinate components unless it consents to a lawsuit.
New York allows claims against the MTA, but the process differs from suing a private person or business. You must first file a notice of claim with the agency within 90 days of your accident. Submitting a notice of claim is a prerequisite to filing a formal lawsuit against the MTA.
This document gives the MTA notice that you intend to bring a claim against it and a description of the damages you are claiming. It also gives the MTA an overview of the basis of the claim and provides the agency an opportunity to settle it.
Once you file your notice of claim, the MTA will have a certain amount of time to decide whether it wishes to pay your claim as presented, whether it wants to attempt to settle with you, or whether it wishes to contest your claim.
If your claim is denied or contested, you must bring your lawsuit within one year and 90 days or risk losing your right to compensation from the MTA.
Preparing the notice of claim and keeping track of the timelines involved in suing the MTA can be challenging for most individuals. Therefore, hiring a knowledgeable subway injury lawyer is crucial to your accident case.
Ivan Diamond, Bronx Personal Injury Lawyer has considerable experience bringing suit against government agencies like the MTA as well as private individuals and businesses who cause harm to others.
How Long Does a Subway Accident Case Take?
Factors that play a role in determining how long your case will take to resolve are:
- The length of time it takes you to file your lawsuit
- The strength of the evidence suggesting the other party is liable
- The level of support your claim for damages has
- The willingness of the other party or parties to settle vs. their desire to challenge your claim
- Any filing mistakes or other legal missteps you make along the way
While no attorney can guarantee your case will resolve within a certain amount of time, having a qualified subway injury lawyer with extensive experience can keep you from making costly mistakes and avoiding unnecessary delays in your pursuit of compensation.
Ivan Diamond, Bronx Personal Injury Lawyer can guide you through the legal recovery process and provide rigorous representation in your case. A diligent and dedicated personal injury lawyer will not take lowball offers for settlement or balk at pushback from insurance companies.
NYC Lawsuit Payouts
Ali Muyir vs. NYC Transit
As Ali Muyir (19) looked down the tracks to see if the F train was approaching, he lost his balance as his right heel stumbled over the gap on the elevated platform: Muyir fell onto the track. He does not recall what happened next; however, witnesses state that an oncoming train ran Muyir over. Although he survived this ordeal, he lost both of his legs (below the knee) and doctors had to operate on his right hand.
According to records obtained from the court, the gap that caused Muyir to fall was a hole in the platform’s ‘rubbing board.’ The hole had been painted over by one of the employees who was tasked with checking for safety violations. Since it had been painted over, the hole was nearly impossible to see.
Seven months prior to Muyir’s incident, the NYC Transit published a report outlining the hazards on subway platforms throughout the city. Despite warnings from the NYC Transit and other instances involving passengers, the MTA neglected to address these issues.
In 2015, Muyir settled his case for $9 million.
Hector Cabassa vs. NYC Transit
Hector Cabassa (52) sustained injuries as he attempted to exit the train. While exiting, one of his legs got stuck in an opening between the train and the platform. According to Cabassa, as he exited the train, someone behind him shoved his right shoulder. He continued moving forward, at which point his leg got caught between the train and the platform. He thought that he would be able to pull his leg out and began using his hands to dislodge his right foot; however, the train began to move and his entire body was being dragged with it. Cabassa recalls screaming, he thought that he was going to die. Once he felt his leg break, Cabassa passed out.
Following this incident, Cabassa remained in the hospital for 2 ½ months. He underwent eight surgeries on his legs. He now has five screws and a titanium rod in his right leg. Cabassa’s left calf was nearly torn off as he was dragged down the tracks. Cabassa had to learn how to walk again, so he spent nearly a year residing in a rehab facility.
He uses a walker to get around and takes a variety of pain medication to get through each day. Following a two-week trial, the jury only deliberated for about 40 minutes before returning with their verdict. The jury ruled that this accident should never have happened and awarded Cabassa $19.5 million.
Seek Help From Your Bronx Subway Injury Lawyer Immediately
There is no time to waste when getting legal counsel on board after a subway accident. Ivan M. Diamond has helped countless residents of the Bronx and other New York City boroughs get appropriate and fair compensation following an accident while riding the subway or at a station.
From investigating the causes of your accident to identifying the parties that should be held liable to presenting your claim, Mr. Diamond will always keep your interests and needs first. He will devote his time, energy, resources, and skill to pursuing your claim diligently and swiftly.
Client Review: 5/5
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“I was blessed to have the law offices of Ivan M. Diamond represent me in an accident case I had a few years back. Throughout the process, Mr. Diamond was not just an attorney who fought and got me a cash settlement, but he showed me a decent and compassionate human being who should empathy and concern. I recommended him for over a half dozen cases since then and all clients feel the same as I do. This lawyer and firm is the best!”
Review by: Damen H.