In New York alone, over four million people use the subway each and every day, and, in fact, consider it their primary method of transportation for getting to and from work, school and any other errands they are engaged in. Many subway systems are old and need everything from minor repairs to serious restorations. Some subway stations are dark and have completely inadequate lighting which can lead to unsuspecting victims being assaulted. Whether you are a daily subway rider, or an occasional one, you should be aware of the hazards surrounding the subway and the subway station.
“Typical” Subway Accidents
Though it is rare, people have been known to get electrified by the train tracks. More commonly, many people are the victims of robberies, assault, rape and other vicious crimes. Turn-style injuries are relatively common, as are subway door injuries and slip and falls inside the subway itself, in the subway stations, and most particularly on the staircases in the subway station. Fractures, bruises, cuts, and injuries to the back are frequently seen as a result of this type of injury. The subway is not meant to be a danger to your health, and the city is responsible for regular maintenance.
Slip and Falls in the Subway or Station
If you have been injured in a subway accident, it is imperative that you file a notice of claim within ninety days of the accident or your claim will be denied out of hand, regardless of its relative merit. Trips and falls on subway staircases and platforms are very common in subway stations, however the extent of your injuries as well as the location and reason for the fall are important factors in any claim of a subway accident. In other words, simply claiming you fell on subway stairs will not be sufficient—you will have to identify the exact staircase you fell on. Unless the stairs, landing and platform are clearly numbered, you may have difficulty determining the location without help from the subway authorities.
What to do if you’ve Fallen in the Subway Station
It is better to remain where you are once you’ve fallen unless you are in further danger if you don’t move. Call 911 or have someone around you do it for you. If there were witnesses to your accident, try to get their names and numbers. This can be a feat in itself, since most people riding the subway are rushing to get somewhere and may not want to take time from their busy day to help out. Did you simply stumble and fall, or was there a definite reason for the fall such as an uneven surface, or a significant crack? Could there have been something spilled on the floor or the staircase that caused your fall? Whatever the reason for your fall, it is imperative that you clearly document it. If there is a clear, definable reason for your fall, snap a photo with your cell phone. You may find later that this kind of clear-cut evidence is invaluable in proving your case.
Notice of Defect
The subway area is a bit like anything owned and operated by a landlord, only the landlord in this case is usually the city. As with any property owner, in order to hold them liable for an accident, they must generally receive prior notice of the defect or you might not be able to prove negligence. Another person in the subway could have spilled their coffee just minutes before you came on the scene, slipped and fell down. In this case the property owner, or the city personnel, could not reasonably have been expected to discover the spill and have it cleaned up by the time you came along. On the other hand, if a leaky pipe put the liquid on the floor which caused your fall, and it is relatively apparent that the pipe has been leaking for some time, that’s a different story.
If you’ve been injured in a subway accident, whether relatively minor injuries are involved, or life-changing injuries, you need an experienced subway accident attorney to look out for your interests and guide you through the claim process. There are different rules for governmental entities so don’t let your window of opportunity pass you by. Get the compensation you deseve and need for your subway accident.