New York City Subway Accident Lawyer

New York City’s subway system transports millions of riders daily, but accidents happen when safety measures fail. Slips on wet platforms, sudden train stops, and mechanical failures can cause severe injuries. When an accident results from negligence, legal action may provide compensation for medical expenses, lost income, and pain and suffering. Those injured in subway-related incidents may have legal options. This page explains the common causes of subway accidents, legal liability, available compensation, and the steps to take after an injury. [dynamic-toc]

Why Trust Hach & Rose With Your NYC Subway Injury Claim?

Subway accident cases require extensive evidence, thorough investigations, and careful legal strategy. Hach & Rose, LLP has represented injured subway passengers, transit workers, and pedestrians in claims involving the MTA and other responsible parties.

Why Clients Choose Hach & Rose, LLP

Proven Results – The firm has secured over $1 billion in significant verdicts and settlements.
Direct Attorney Communication – Clients work directly with attorneys, not case managers.
No Upfront Costs – Legal fees are only collected if compensation is recovered.
Experience with MTA Cases – The firm understands the legal challenges of subway accident claims.

By handling negotiations and building strong legal claims, Hach & Rose, LLP helps injured individuals seek the compensation they need.

Common Causes of Subway Accidents and Injuries in New York City

Subway accidents can occur due to operator negligence, poor maintenance, or unsafe conditions in stations and on trains. Some of the most frequent causes include:

Train derailments and collisions – Mechanical failures or conductor errors can cause dangerous crashes.
Platform hazards – Wet floors, broken stairs, and poor lighting contribute to slip-and-fall injuries.
Sudden train stops – Abrupt braking can throw passengers off balance, leading to falls and impact injuries.
Subway door malfunctions – Doors closing too quickly or failing to detect obstructions can result in serious harm.
Track-related injuries – Falls onto subway tracks can cause electrocution, burns, and blunt-force trauma.
MTA bus or train collisions – Pedestrians, cyclists, and motorists may be injured in transit vehicle crashes.

Some of these incidents result from preventable conditions. Identifying the cause is an important step in determining legal responsibility.

Injuries Resulting from Subway Accidents

Subway accidents can lead to a range of injuries, from minor bruises to life-altering conditions. Some of the most common include:

Broken bones and fractures – Often caused by falls or sudden train movements.
Head and brain injuries – Concussions and traumatic brain injuries may result from impact with train interiors or platform surfaces.
Spinal cord damage – Some accidents lead to partial or complete paralysis.
Burns and electrocution – Contact with third rails or exposed wiring can cause severe burns.
Soft tissue injuries – Whiplash, sprains, and torn ligaments can develop after sudden jolts or falls.

Some injuries require extensive medical treatment, physical therapy, or long-term accommodations. When negligence contributes to an accident, injury victims may seek financial compensation.

Legal Liability in New York Subway Accidents

Liability in subway accidents depends on how the injury occurred. Several parties may be responsible, including:

The Metropolitan Transportation Authority (MTA) – This agency operates the subway system. Negligence in maintenance, employee training, or safety enforcement may lead to liability.
Train operators and conductors – Employees may share responsibility if they fail to follow safety protocols or operate a train recklessly.
Third-party contractors – Construction companies or maintenance crews working on subway infrastructure may be liable for unsafe conditions.
Private property owners—If an accident occurs in an area connected to but not owned by the MTA, such as a privately owned station entrance, the property owner may be responsible.

Determining liability requires investigating accident reports, surveillance footage, and witness statements. Legal claims often involve disputes over responsibility, mainly when multiple parties are involved.

What Compensation is Available for NYC Subway Accident Victims?

Those injured in subway accidents may recover compensation through legal claims. Available damages may include the following:

Medical expenses – Coverage for past and future hospital bills, rehabilitation, surgeries, and ongoing treatments.
Lost income and reduced earning capacity – Compensation for time away from work and long-term career limitations.
Pain and suffering – Financial relief for past and future physical pain, emotional distress, and reduced quality of life.
Wrongful death damages – In fatal accidents, surviving family members may seek compensation for funeral expenses and loss of financial support.

Each case is different, and the amount recoverable depends on factors such as the severity of the injury, insurance coverage, and the degree of negligence involved.

Filing a Lawsuit After a Subway Accident in New York City

Legal claims involving subway accidents must follow specific procedures. Injured individuals must determine who is responsible, file necessary paperwork within deadlines, and present evidence to support their claims.

Steps to File a Subway Accident Claim

Determine Liability – Identify whether the MTA, a third-party contractor, or another entity is responsible.
Submit a Notice of Claim (if required) – Claims against the MTA must follow a strict filing process, which includes submitting a Notice of Claim within a specific timeframe.
Gather Evidence – Medical records, eyewitness statements, and surveillance footage help support the case.
File the Lawsuit – If a settlement is not reached, the case may proceed to litigation.

Common Legal Challenges to NYC Subway Cases

Liability Disputes – The MTA or insurers may argue that the injured party contributed to the accident.
Government Protections – The MTA has certain legal defenses that can make claims more complex.
Settlement Negotiations – Insurance companies often offer lower settlements to minimize payouts.

Legal deadlines apply, so injured individuals must act promptly to preserve their rights.

5 Critical Steps to Take After a Subway Accident in New York City

Taking the right steps after a subway accident can protect an individual’s health and strengthen a potential legal claim. Acting quickly can also prevent evidence from being lost and ensure compliance with legal deadlines.

1. Get Medical Care Immediately

Some injuries, such as concussions, internal bleeding, or soft tissue damage, may not be immediately apparent. Seeking prompt medical attention ensures proper treatment and creates a medical record that can support an injury claim. Keep copies of hospital records, prescriptions, and doctor’s notes to document the extent of the injuries.

2. Report the Incident to the MTA or Transit Authority

Filing a report with the Metropolitan Transportation Authority (MTA) or the appropriate agency is essential in establishing when and where the accident occurred. The report may serve as official documentation of the incident, which could be helpful if a lawsuit is necessary. Request a copy for personal records.

3. Collect and Preserve Evidence

Gathering evidence early can strengthen a potential claim. Important documentation includes:

Photos and videos – Capture images of hazardous conditions, visible injuries, and the surrounding environment.
Witness contact information – Statements from passengers, transit workers, or bystanders can help corroborate the events.
Medical documentation – Retain all diagnoses, treatment, and ongoing care records.
Accident reports – If a report was filed with the MTA, request a copy as soon as possible.

4. Speak with a NYC Subway Injury Lawyer Before Talking to Insurance Companies

Insurance companies may contact injured individuals soon after an accident with low settlement offers that do not reflect the full extent of medical bills, lost wages, or pain and suffering. Speaking with an attorney first ensures that a fair assessment of the claim’s value is made before engaging in negotiations.

5. Contact a New York City Subway Accident Lawyer

Legal claims against the MTA involve strict deadlines and procedural requirements that can be difficult to handle without legal guidance. A subway accident lawyer in NYC can:

Determine liability – Whether the MTA, a private contractor, or another party is responsible.
If required, file all necessary paperwork on time, including a Notice of Claim.
Handle negotiations with insurers to seek fair compensation.
Represent clients in court if the insurance company does not offer a fair settlement.

New York law restricts the time to file claims, so the significance of seeking legal advice early to avoid costly mistakes and safeguard the right to compensation cannot be overstated. Contact an MTA accident lawyer to fight for your justice today.

How to Build a Strong NYC Subway Accident Case

Proving liability in a subway accident case requires gathering solid evidence. Those injured in these incidents must demonstrate that another party's negligence caused their injuries. The strength of a claim depends on the documentation collected immediately after the accident and during the legal process.

Key Evidence Needed in New York Subway Accident Cases

Medical records – Official documentation of injuries, treatments, and ongoing care.
Accident reports – MTA incident reports, police documentation, and emergency response records.
Surveillance footage – Camera footage from subway platforms, train cars, or nearby businesses.
Eyewitness statements – Testimonies from passengers, MTA workers, or bystanders.
Maintenance records – Documentation showing whether the subway system was properly maintained.
Financial records – Pay stubs and employment records to support lost income claims.

Each case requires a tailored approach. An attorney can help gather the necessary evidence, ensuring that key details are preserved before they become difficult to obtain.

Challenges in New York Subway Injury Claims

Legal claims against transit authorities and other liable parties often involve disputes over responsibility and the severity of the injuries. Some of the common challenges in these cases include:

MTA’s legal protections – As a government entity, the MTA has legal defenses that can make claims more difficult.
Disputes over negligence – The MTA or insurers may argue that the injured party contributed to the accident.
Settlement negotiations – Insurance companies often try to minimize payouts by offering low settlements.
Proving long-term impact – Some injuries, such as brain trauma or spinal cord damage, may have delayed symptoms that require extensive medical evaluation.

Given these challenges, building a strong legal case with supporting documentation can significantly improve the chances of securing compensation.

Wrongful Death Claims in NYC Subway Accidents

When a subway accident results in a fatality, eligible family members may pursue a wrongful death claim. These claims seek compensation for financial and emotional losses suffered due to the loss of a loved one.

Who Can File a Wrongful Death Claim?

New York law allows specific family members to file, including:

Spouses
Children
Parents
Personal representatives of the deceased’s estate

Compensation in Subway Wrongful Death Cases

Funeral and burial expenses – Coverage for end-of-life costs.
Loss of financial support – Compensation for lost wages and future income.
Medical expenses – Costs associated with treatment received before death.
Loss of companionship – Compensation for emotional suffering.

Wrongful death lawsuits must be filed within two years of death. These claims have different legal requirements than personal injury lawsuits, and family members should act promptly to protect their rights.

Government Liability in NYC Subway Accidents

Filing a claim against the MTA differs from filing a claim against private entities due to the legal protections granted to government agencies. While the MTA can be liable for negligence, specific legal requirements must be met.

Key Factors in MTA Claims

Filing Restrictions – Claims must be submitted within strict deadlines (see Legal Deadlines section).
Sovereign Immunity – As a government entity, the MTA has legal protections that may limit liability in some instances.
Burden of Proof – Claimants must show that the MTA’s negligence directly caused the accident.

When the MTA May Be Responsible

Failure to Maintain Infrastructure – Broken stairs, defective signals, or poorly maintained equipment.
Negligent Employee Actions – If a train operator, conductor, or station worker fails to follow safety procedures.
Unsafe Station Conditions – Slippery floors, poor lighting, or missing warning signs leading to injuries.

Claims against the MTA require additional legal steps, making it important to act quickly and file all necessary documentation correctly with a NYC transit injury attorney.

Legal Deadlines for Subway Injury Claims

Missing a legal deadline can result in losing the right to seek compensation. Different deadlines apply depending on the type of claim.

What Are the Time Limits for Filing a Subway Accident Claim

MTA Claims – A Notice of Claim must be submitted within 90 days of the accident. If the case is unresolved, a lawsuit must be filed within one year and 90 days of the incident.
Wrongful Death Lawsuits – Must be filed within two years from the date of death.
Claims Against Private Companies—Personal injury lawsuits must typically be filed within three years of the accident date.

Failing to meet these deadlines may result in the dismissal of the case, regardless of the severity of the injuries. Those considering legal action should begin the process as soon as possible.

Choosing the Right Legal Representation

Not all law firms handle transportation-related injury cases. When selecting legal counsel, consider the following:

Experience with subway accident claims.
A history of securing compensation for transit-related injuries.
Client testimonials and case results that demonstrate successful outcomes.

Consultations allow potential clients to assess whether a law firm is the right fit for their needs.

Contact A New York Subway Injury Attorney For Help

Subway accident injuries can result in medical expenses, lost income, and long-term hardships. Legal action may help injured individuals recover compensation, but strict deadlines and government protections make these cases complex. Hach & Rose, LLP offers free consultations to review cases and discuss legal options. There are no upfront fees, and legal representation is provided on a contingency basis, meaning clients only pay if compensation is secured. For a free case evaluation with an NYC subway injury attorney, call (212) 779-0057 or submit an online case evaluation form to learn how we can help you today.