On Thursday, January 4th, at least 24 people in New York were injured when a northbound no. 1 train carrying 300 people collided with an out-of-service train around 3 pm. The collision ultimately caused both trains to derail and resulted in the evacuation of hundreds from the subway station near West 96th Street.
While none of the injuries reported at this point were considered serious, authorities are still working to understand the full consequences of the crash. Based on the account of some riders, we know that the collision caused a big “jolt” before shifting and turning in various angles that the train was not meant to support, and reports surfaced of the train being “hot”. Additionally, there were records of individuals walking on the train tracks after the collision, which occurred between stops.
According to a New York Times article (1), NYC Transit President Richard Davey remarked that the train had been vandalized when many of its emergency brake cords were pulled. An ongoing investigation is unfolding how this happened, and crews are working to get service back up and running in the area.
At this point, we’re hoping that reports are consistent, with no serious injuries from the collision. However, what should someone do if they are subject to a train crash in New York and unsure of their options?
Learn more about the steps you should take after a NYC subway accident and how our transportation lawyers can help settle your case.
What Should I Do After a NYC Subway Accident?
Immediately after a train accident in New York, it’s important to prioritize your safety and seek medical attention if needed. Take steps to report the incident to appropriate authorities, and document the scene if you are able.
At Leav & Steinberg LLP, our subway accident lawyers specialize in the laws and regulations pertaining to train accidents. If you or someone you care about has been injured in a train accident, you would be well advised to contact our experienced train transportation accident lawyers serving New York, including Manhattan, Long Island, and the Bronx. For these types of accidents, attorneys specialized in Title 49 of the United States Code (2), as well as regulations pertaining to train operators in New York State, can evaluate your case and help you take the necessary steps to recover.
New York Subway Accident Lawyer FAQs
How long do I have after my train accident to file a personal injury claim?
The statute of limitations for filing a personal injury claim in New York is generally three years from the date of the accident. However, there are exceptions to this rule. For example, if the train is operated by a GOE (Government Owned Entity), such as in the case with the MTA and NYCTA, you must file a notice of claim within 90 days of the accident and then 1 year and 90 days from the accident to commence a lawsuit.
Many law firms — including those that are really “out-of-state firms” but try and market to New Yorkers as though they practice here — don’t know these differences.
What types of compensation can I seek in a NYC train accident lawsuit?
In a New York City train accident lawsuit, you may seek compensation for medical expenses, lost wages, pain and suffering, and, in some cases, punitive damages. The exact compensation depends on the specifics of the case, including the extent of injuries and the impact on your life.
How does negligence affect a train accident claim?
General negligence significantly impacts a train accident claim as it determines liability. Proving that a party (e.g., the train operator, company) failed to exercise reasonable care, leading to the accident, is essential for a successful claim. This establishes the basis for seeking compensation for your injuries and damages.
Working with a transportation lawyer can streamline the process of proving negligence, which in turn improves your chances of a successful case.
Contact Our Experienced Transportation Lawyers
Have you recently been affected by a faulty product or service?
A thorough understanding of all laws and regulations pertaining to operators of commercial trains in New York is crucial for anyone to recover. At Leav & Steinberg LLP, our team of personal injury lawyers have a solid background in transportation law and are ready to help you know your options for justice.
Contact our NYC transportation lawyers today for a free consultation, where we’ll evaluate your case and explain your ability to recover.
Resources:
