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New York City Subway Accident Attorneys

When an accident happens involving a New York subway, it has the potential to be catastrophic in nature. In the case of a derailment or other serious accident, victims may not even be riding the subway when they are injured. The size of the subway itself, and the speed at which it moves can result in serious injury to passengers and bystanders alike.

If you or a loved one have been injured in a New York City subway accident, you should contact our offices right away. New York City subway services are used daily by hundreds of thousands of commuters traveling into Manhattan and the surrounding Boroughs. Considering the city’s density and heavy subway use, it is no surprise that there are a significant number of injuries each year from subway accidents.

It is the responsibility of the transportation services and the companies or governments that own them to safely transport commuters traveling into New York City. If you are injured on a subway, you need the help of an experienced subway accident attorney.

The NYC personal injury attorneys at The Law Offices of Michael S. Lamonsoff have an extensive history of representing victims of subway accidents in some of the highest-profile cases in New York and the nation. Because of their skillful and aggressive litigation of these cases, they have been nationally recognized as an authority on subway accident lawsuits.

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Why Are Subway Accident Claims Different From Other Accident Types?

Subway accident claims in New York are different because of the involvement of the Metropolitan Transportation Authority (MTA), a government agency, which adds complexities in filing and proving a case. These cases are governed by specific laws that create hurdles not present in private entity claims.

Key Differences:

  • Notice of Claim: The MTA is a public agency, and claims against it are governed by the New York General Municipal Law § 50-e, which requires that a notice of claim be filed within 90 days of the accident. This is much shorter than the standard statute of limitations for personal injury claims, which can be as long as three years. 
  • Complex Procedures: To file a lawsuit against the MTA, claimants must first file a notice of claim with the agency within 90 days. After this, they must wait at least 30 days before proceeding with a lawsuit. This step is mandatory for suing a governmental entity and can delay the legal process compared to typical personal injury claims.
  • Liability Issues: Determining liability can be more complex because multiple parties may be involved. In addition to the MTA, other entities like contractors or equipment manufacturers may share responsibility. Legal concepts like contributory negligence and joint liability may come into play, which require in-depth investigations to determine who is at fault.
  • Catastrophic Injuries: Due to the nature of subway accidents, catastrophic track injuries can occur: dismemberment (loss of limb/amputations),  head injuries, spinal injuries, death, and more.

The Law Offices of Michael S. Lamonsoff are well-versed in such cases, including a $1,100,000 settlement for a victim who suffered injuries due to a slip-and-fall incident within an NYC subway station. Don’t wait - contact our legal team now.

Why Choose The Bull?Nationally Acclaimed New York City Subway Accident Attorneys

Michael Lamonsoff, owner and founder of the Law Offices of Michael S, Lamonsoff is known as “the bull” to his clients because of his relentless fight to win them the highest awards possible. The personal injury subway accident attorneys from The Law Offices of Michael S. Lamonsoff have spent years representing victims of subway accidents in some of the highest-publicized cases in New York and the nation. We have represented multitudes of people who have been injured and loved ones whose husbands, wives, or relatives were killed in subway accidents in New York City. In addition, we have aggressively litigated some of New York’s highest profile subway accident and disaster cases, including the Valhalla Train Crash (Westchester train crossing collision), the Long Island Railroad collision, and the Metro North Spuyten Duyvil derailment.

Our experience has made us a nationally recognized authority on subway accident lawsuits. Our founder, Michael S. Lamonsoff, has been consulted by the press regarding the biggest subway accidents and disasters in recent history. Because of our successes in New York, our firm has been retained by the victims of train disasters in other states such as the Bridgeport, Connecticut train derailment and the Halifax, North Carolina train-crossing collision.

If you or a loved one have been injured or killed in a subway accident, call The Law Offices of Michael S. Lamonsoff, now. Mr. Lamonsoff and his team of experienced and aggressive subway accident attorneys will investigate the cause of the accident, present you with all of your options, and help you pursue the compensation that you are rightfully due.

Member of:

  • Board of Directors of NY State Trial Lawyers Association
  • American Association for Justice
  • NY County Lawyers Association

Educated at:

  • University of Arizona
  • Benjamin N. Cordozo School of Law
  • Double post-masters degrees in psychology at Columbia University

Awards:

  • 6X Super Lawyers Panel
  • Million Dollar and Multi Million Dollar Advocates Forum
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See More Client Results

$37,000,000 Awarded in a Construction Accident Case
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$2,150,000 Awarded to victim of Slip & Fall Accident
$1,250,000 Awarded in a Construction Accident Case
$1,245,000 Settlement in a Slip & Fall Accident
$1,000,000 Settlement in a Slp & Fall Accident
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$1,000,000 Settlement in a Slip & Fall Accident
$1,000,000 Awarded in a Construction Accident
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$1,000,000 Awarded in a Construction Accident
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$1,250,000 Settlement in a Car Accident
$1,250,000 Settlement in a Ceiling Collapse
$1,250,000 Awarded in a Motorcycle Accident
$1,250,000 Awarded in a Car Accident
$1,275,000 Settlement in a Pedestrian Accident
$1,350,000 Settlement in a Pedestrian Accident
$1,375,000 Awarded in a Bicycle Accident
$1,400,000 Settlement in a Construction Accident
$1,450,000 Awarded in a Construction Accident
$1,495,000 Awarded in a Car Accident Case
$1,500,000 Settlement in a Construction Accident
$1,500,000 Settlement in a Slip & Fall Accident
$1,500,000 Settlement in a Slip & Fall Accident
$1,500,000 Recovered in a Construction Accident
$1,500,000 Awarded in a Car Accident
$1,600,000 Awarded to a Victim in a Truck Accident
$1,637,500 Verdict in a Slip & Fall Accident
$1,650,000 Awarded in a Pedestrian Accident
$1,675,000 Awarded in a Car Accident
$1,700,000 Awarded to Victim of a Slip & Fall Accident Case
$1,750,000 Awarded in a Construction Accident
$1,750,000 Awarded in a Bicycle Accident
$1,785,000 Settlement in an Elevator Accident
$1,800,000 Awarded in a Car Accident
$1,950,000 Awarded in a Construction Accident
$2,000,000 Awarded to Victim of a Ceiling Collapse Case
$2,000,000 Settlement in a Construction Accident
$2,000,000 Awarded in a Construction Accident
$2,000,000 Settlement in a Truck Accident
$2,000,000 Awarded in a Construction Accident
$2,000,000 Awarded in a Construction Accident
$2,000,000 Recovered in a Truck Accident
$2,000,000 Obtained in a Truck Accident
$2,000,000 Awarded in a Construction Accident
$2,000,000 Recovered in a Bicycle Accident Case
$2,100,000 Settlement in a Construction Accident
$2,130,000 Settlement in a Truck Accident Case
$2,152,500 Settlement in a Car Accident
$2,200,000 Awarded in a Construction Accident
$2,350,000 Awarded in a Construction Accident
$2,400,000 Awarded in a Train Accident
$2,400,000 Settlement in a Construction Accident
$2,400,000 Settlement in a Car Accident
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$2,500,000 Awarded in a Construction Accident
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$2,750,000 Awarded to a Victim of a Construction Accident
$2,750,000 Awarded to victim of a Car Accident Case
$2,785,668 Verdict for a Victim of a Pedestrian Accident
$2,800,000 Settlement in a Pedestrian Accident Case
$2,800,000 Settlement in a Construction Accident Case
$3,100,000 Awarded to a Car Accident Victim
$3,100,000 Awarded to a Worker in a Construction Accident
$3,200,000 Settlement for a Worker Injured in a Construction Accident
$3,500,000 Awarded to a Worker in a Construction Accident Case
$3,500,000 Awarded to victim of a Truck Accident Case
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$4,000,000 Settlement for a Trip & Fall Accident
$4,000,000 Settlement in a case for a Truck Driver
$4,000,000 Settlement in a Construction Accident Case
$4,000,000 Awarded to Families of Flight 587 Victims
$4,010,000 Verdict Awarded to Victim in a Police Abuse Case
$4,100,000 Settlement in a Construction Accident Case
$4,500,000 Settlement in a Construction Accident Case
$4,602,312 Verdict Awarded to Client in a Car Accident
$4,750,000 Awarded to an Injured Construction Worker
$5,000,000 Awarded to a Laborer Injured on a Construction Site
$5,000,000 Settlement Awarded to a Victim of a Slip & Fall Injury
$5,500,000 Verdict Awarded to a Worker at a Construction Site
$5,750,000 Awarded to a Laborer Injured at a Construction Site
$6,500,000 Settlement in a Construction Accident Case
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$1,000,000 Settlement for Slip-and-Fall Victim
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Did This Happen to You?

Struck by a subway train while intoxicated or under the influence?

Many people assume that being under the influence automatically forfeits their right to a claim. That is a myth.

  • Comparative Fault: Even if you were impaired, the MTA may still be liable if the train operator had "Last Clear Chance" to avoid the strike, meaning they were speeding, distracted, or failed to brake in time.
  • The Law: Your compensation might be reduced by your percentage of responsibility, but intoxication does not give the city a "free pass" to hit you.
  • Bottom Line: Our experienced subway accident lawyers will help fight your case, working to maximize your recovery by minimizing your fault.

MTA told you you don't have a case?

The MTA is a self-insured government entity; their goal is to protect their budget, not your recovery.

  • Don't Take the Bait: Never take legal advice from the party you are suing. They often cite "sovereign immunity" to discourage you from filing.
  • The 90-Day Clock: The MTA often relies on victims missing the strict 90-day deadline to file a Notice of Claim. Just because they denied your initial inquiry doesn't mean a judge would.
  • Bottom Line: Whether it’s a platform accident or a track strike, the MTA’s "no" is often just a tactic. You must contact a subway accident lawyer immediately to obtain accurate legal advice.
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What are some common causes of subway accidents?

While the most catastrophic of subway injuries are likely to occur while riding a subway, the truth is that subway accidents can happen at just about any stage of a subway rider’s journey.

  1. Slips, Trips, and Falls: These are common on subway stairs and platforms, often resulting from poor lighting, wet or uneven surfaces, or negligent upkeep.
  2. Equipment Malfunction: Broken escalators and malfunctioning turnstiles pose significant risks, potentially leading to injuries.
  3. Operator Error: Incidents such as sudden stops or erratic subway movements, often attributed to operator negligence, can result in passenger injuries.
  4. Serious Accidents: More severe cases involve derailments or electrocution incidents, where the consequences can be grave, including significant injuries or even fatalities.
  5. Collisions: Accidents involving another subway car can lead to serious harm, showcasing the potential dangers of subway travel in high-density areas like New York City.

Injuries that are more serious in nature may be caused by derailment, electrocution, or even an accident involving another subway car. In extreme cases, there is even loss of life.

What Types of Compensation Can Subway Accident Victims Receive?

If liability is proven, victims may be eligible for both economic and non-economic damages, including:

  • Lost Wages: Compensation for income lost due to the inability to work while recovering from injuries.
  • Medical Expenses: Costs related to past and future medical care, rehabilitation, medications, and therapy.
  • Loss of Future Earnings: Compensation for long-term disabilities that affect future earning potential.
  • Disfigurement or Disability: Compensation for lasting physical changes or impairments.
  • Pain and Suffering: Compensation for physical pain and emotional distress resulting from the accident.
  • Loss of Enjoyment of Life: Compensation if the accident prevents you from engaging in activities you previously enjoyed.
  • Wrongful Death Damages: In cases of fatal subway accidents, eligible surviving family members may receive compensation for financial losses.

Each case is unique, and the amount of compensation will vary depending on the specifics and severity of the injuries involved. The accident lawyers at The Law Offices of Michael S. Lamonsoff can help get you the compensation you deserve.

Can I Still Get Compensation If I Was Partly at Fault?

Under New York's pure comparative negligence rule (CPLR § 1411), you can recover damages even if you're partly at fault, but your compensation will be reduced by your percentage of fault. For example, if you're awarded $100,000 but found 30% responsible, you'd receive $70,000.

In subway accidents, the MTA often argues that passengers contributed to their injuries, claiming actions like rushing, not paying attention, or improper boarding. In slip and fall cases, they might argue the hazard was obvious or that the passenger was careless.

The skilled subway accident attorneys at The Law Offices of Michael S. Lamonsoff can help gather evidence and minimize your fault to maximize your recovery.

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Injured on the NYC Subway? Take These 7 Steps Immediately

Public transit accidents involve complex laws and aggressive deadlines. If you’ve been injured, follow this checklist to protect your health and your legal rights:

  1. Seek Medical Care: See a doctor immediately to document your injuries and link them directly to the accident.
  2. Report the Incident: Alert a station agent or NYPD officer. Ensure an official Incident Report is filed and ask for the report number.
  3. Document the Scene: Take photos of the hazard (e.g., icy platform, broken stairs, car gap) and the Subway Car Number. Collect contact info from witnesses.
  4. Gather Witness Information: If anyone witnessed the accident, get their name and contact information.
  5. Preserve Evidence: Retain all physical items from the accident, including your clothes and footwear. Additionally, ensure you keep copies of all related medical documentation and invoices.
  6. Avoid Making Statements: Do not make any recorded statements to the MTA or their insurers without first consulting with a lawyer.
  7. Consult a Lawyer: Don't give a statement to MTA investigators alone. Contact an attorney to subpoena surveillance footage before it’s erased. Watch the Clock (90-Day Rule): You must file a  Notice of Claim against the MTA within 90 days. Missing this deadline usually means losing your right to sue.

Who Can Be Held Liable in an NYC Subway Accident?

In an NYC subway accident, several parties may be held liable, depending on the circumstances surrounding the incident. It is important to note that train operators in NYC are obligated to keep passengers and pedestrians safe. It doesn’t matter why the person is on the track; the driver has the duty to notice the pedestrian and stop the train. Other parties may be liable as well. These may include:

MTA (Metropolitan Transportation Authority)

As the entity that operates and manages the subway system, the MTA can be held responsible for accidents caused by poorly maintained infrastructure, failure to follow safety protocols, or insufficient employee training. If the accident was due to their negligence, you may have grounds for a claim against them.

Subway Operator/Driver

If the subway operator was negligent, distracted, or reckless while driving, they could be personally liable for the accident.

Maintenance Contractors

If a third-party contractor was responsible for subway maintenance and their negligence caused the accident (such as failing to fix a mechanical issue), they can be held accountable.

Equipment Manufacturers

If faulty equipment or design defects in subway trains or infrastructure led to the accident, the manufacturers of the equipment could be liable under product liability laws.

Third-Party Service Providers

Companies or individuals responsible for services like station security, cleaning, or ticketing may be held liable if their negligence contributed to the incident.

Local Government Agencies

If the accident was caused by unsafe practices or lack of regulation enforcement by local or state authorities, they could be held partially responsible.

Other Drivers or Pedestrians

If a driver or pedestrian’s actions directly caused the subway accident, they may be held liable for any resulting injuries.

Property Owners or Businesses

If hazardous conditions on or near the subway station (like a poorly maintained sidewalk) caused the accident, the property owner or business responsible for the area may be held liable.

If you're unsure about your legal options, it’s essential to consult a personal injury lawyer. The experienced subway accident attorneys at The Law Offices of Michael S. Lamonsoff, PLLC, can provide guidance and help you navigate your case.

How long do I have to file a subway accident claim?

Because you will most likely be filing a claim against the NYC Transit Authority, there is a very strict limit on how long you can wait after the accident before you file your claim. There may be other public entities that are responsible for your injuries, but in either case, you must file a notice of claim within ninety days.

If you file even one day late, your claim can be completely dismissed without any legal recourse.

How long will it take to settle my case?

Every case is different and treated on an individual basis, so there is really no rule of thumb as far as the timelines are concerned. The attorneys at The Law Offices of Michael S. Lamonsoff, PLLC, know how to get your case noticed and help you navigate the litigation process. We also have tough negotiators who may be able to settle your claim in the pretrial stage. If this is the case, it will significantly shorten the time it takes to settle your case.

Is it true that a claim against a public authority takes longer?

For the most part, these cases do tend to move a little slower through the court system. That is why it is so important to have an attorney who is experienced in navigating the unique lawsuits against large municipal agencies. An experienced New York subway accident attorney will know how to get your case prioritized and pushed through the system.

What if my injuries are not apparent before the filing deadline passes?

It is imperative to file a notice of claim within ninety days if you intend to pursue a claim in a New York subway accident. The claim must be filed within the deadline whether your injuries were immediately apparent or not.

The best thing you can do is protect your rights by seeking legal counsel from an experienced New York subway accident attorney right away, even if your injuries seem minor at first.

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Contact us to learn how we can help with your subway accident

If you or a loved one suffered from an injury sustained in a New York subway accident, lawyers with The Law Offices of Michael S. Lamonsoff, PLLC are ready to discuss your case.

We invite you to contact us for a no-cost consultation. We are available 24 hours a day, 7 days a week.

Prior results do not guarantee a similar outcome. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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