Many New York residents ride the subway as an inexpensive and efficient form of transportation. The subway can be preferable to driving a vehicle, especially with the heavy flow of traffic on New York’s roads and highways.
Most people have a general idea of what to do after being in a car accident. Ideally, you exchange information with the other driver and pursue any legal claims against them. However, when an accident happens on a subway, many people may wonder who exactly they can file a claim against, and what they must prove.
Subway accidents in New York are more common than you may think. Thousands of injuries are reported yearly after accidents on subway platforms, at subway stations or on the subway itself. People may slip and fall due to a puddle that was not properly cleaned up or be injured during a sudden stop due to poorly maintained subway brakes or equipment.
Who is responsible?
An accident that occurs on the property of the Metropolitan Transit Authority means that a claim can be brought against them. The MTA is legally required to provide safe conditions for subway riders. This means not only a keeping safe environment in the station, but properly maintaining the subway cars themselves.
To recover compensation after a subway accident, negligence must be proven. To establish negligence, you must show that the negligent party, such as the MTA, had a legal duty to provide a certain standard of care, that duty was breached and the breach caused your damages.
How do I prove cause?
There are two types of causation that must be shown: actual cause and proximate cause. Actual cause is the direct cause of your damage. For example, if you break your ankle after slipping in a subway station, that is actual cause of your damages. Proximate cause is any reasonably foreseeable consequences of the accident. If you later require physical therapy because of the injury, that is the proximate cause.
Subway accidents, just like any other type of accident, can result in serious injuries, high medical bills, lost wages and pain and suffering. Personal injury attorneys can help with pursuing compensation through a legal claim.