Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.
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Legal Perspective on the recent Upper West Side Subway Derailment

Our subway accident lawyer investigating a caseThe recent derailment of two 1 trains near the 96th Street subway station on Manhattan’s Upper West Side is a reminder of the unexpected dangers lurking in our daily commutes. As subway and train accident lawyers, we have seen firsthand the impact these accidents have on individuals and communities. Indeed our team recently obtained a $20 million settlement for a young woman who suffered injuries in a train accident.

On Thursday afternoon, two trains collided at a slow speed, leading to a derailment that injured 24 passengers. Thankfully, as reported by Deputy Assistant Chief of EMS Operations Ian Swords, none of these injuries were life-threatening. The situation could have been much worse, and we are all grateful for the prompt response of emergency crews and the MTA staff.

In the wake of such an event, passengers and their families may have numerous questions about their legal rights and options

The primary concern is often the pursuit of compensation for any injuries sustained. Here, the role of a subway accident attorney is crucial in navigating the complex legal landscape that follows a public transportation accident.

  • Personal Injury Claims: Those injured in the derailment might consider filing personal injury claims. These claims can address medical expenses, lost wages, and pain and suffering. It’s essential to document all injuries and medical treatments meticulously.
  • Investigating Liability: Determining liability in subway accidents can be complex. The Metropolitan Transportation Authority (MTA) might be held accountable, especially if negligence in maintenance, safety protocols, or employee actions contributed to the incident.
  • Short Statute of Limitations: There’s a very limited timeframe to file a lawsuit for personal injuries in cases involving NYC subways. Victims have 90 days to file a notice of claim with the lawsuit starting no later than one year and 90 days from the date of the accident. Victims need to be aware of these timelines to ensure their rights are protected.

MTA officials, as stated by New York City Transit President Richard Davey, are investigating the incident. This investigation must be thorough and transparent. The findings will be crucial in understanding what went wrong and preventing future accidents.  The MTA and city officials must prioritize passenger safety, ensuring that all safety measures are in place and that the infrastructure is maintained to the highest standards.

As we wait for more details from the investigation, it’s important for those affected to know their legal rights. If you or a loved one were involved in this incident, seeking legal counsel can provide clarity and support through the complexities of dealing with such traumatic events.

Picture: our partner Chris Donadio investigating a subway accident on behalf of one of our clients

Read more in the New York Times