New York City Mass Transit Accident Attorney
Aggressive & Experienced Mass Transit Accident Lawyers in New York City
Each year, millions of people use mass transit to get around New York City, including Brooklyn, the Bronx, and Queens. Although everyone loves to complain about delayed trains, there is something far worse that can happen: a mass transit accident.
If you have ridden on a bus or the subway, chances are you have seen an accident or heard about one. Those flying into the city can also suffer an accident on an airplane. Fortunately, New York law often allows people who are hurt in mass transit accidents to recover compensation from the company or person responsible for their injuries, but they will need help. That’s where our New York City mass transit accident lawyers come in.
New York law requires that those who operate motor vehicles do so with sufficient care, and when they fail to, they are typically negligent. Operators of mass transit must also be sufficiently careful, but they are held to an even higher standard as common carriers. Instead, they must use the highest degree of care to make sure that their passengers reach their destination unharmed.
Common carriers like buses, trains, subway, and airplanes are usually responsible when there is a crash or other accident. Some of the more common mistakes made include:
Errors made by the operator. For example, a driver could become distracted or tired and make a critical error in judgment, leading to a mass transit accident.
Inadequate maintenance. A poorly maintained bus, train, or airplane can cause an operator to lose control, leading to a crash.
Mechanical issues. A mechanical part could cause an accident. Sometimes, operators have prior knowledge of a mechanical issue but do not fix it.
Unsafe conditions. Sometimes inclement weather is so bad that a plane should not fly, or a bus could lose control.
However the accident occurred, you need someone in your corner who can fight for compensation. You need an experienced New York City mass transit attorney.
As experienced attorneys, we always advise clients to do whatever it takes to protect their health and strengthen their ability to receive compensation. To that end, we recommend that you do the following an accident:
Visit the doctor or the hospital. You should treat all injuries as soon as possible so you can minimize the damage. Even if you feel okay, you need to realize that some injuries will be delayed, so it doesn’t hurt to go to the doctor and discuss the accident.
Take pictures of the accident. Use your smartphone to take a picture of the scene of the crash, if you can. Obviously, if you are too injured or too scared, then it is okay to skip this step.
Identify witnesses. Other people might have seen more than you did and can testify about how the accident happened. Get their names and contact information.
Preserve evidence of your economic losses. If a bus crashes and you are injured, you will need medical care, but you also might have to replace possessions destroyed in the crash. Hold onto receipts that show how much you spent replacing lost objects, procuring alternate transportation, etc.
By following these steps, you should set yourself up nicely for preserving your right to compensation.
Filing a claim against the Metropolitan Transit Authority (MTA) is not the same as filing a claim against a private person or a business. Instead, you will need to file a notice of claim with the MTA or one of its subsidiaries within 90 days of your accident. This gives the MTA a chance to investigate the claim and possibly settle it with you.
Also, the amount time you have to assert a claim a public entity is much shorter than it is for claims against private parties. In some cases, you might only get one year to bring a lawsuit. If you do not file within a year, you forfeit your ability to file a claim in the future to receive compensation.
Investigations are critical, not only for public safety but also for your legal claim. By finding out how the accident happened, government regulators can ensure that the same mistake does not happen again. This will improve public confidence in mass transit.
An investigation can also reveal who is ultimately responsible for the accident, which is a terrific benefit for anyone injured.
After an accident, different agencies will investigate. For example, the National Transportation Safety Board (NTSB) investigates many mass transit accidents in the U.S. Other government agencies can also undertake investigations.
Obtaining badly-needed compensation is not easy. After a crash, the airline or MTA might make a quick offer to settle your claim. Be wary. It is highly unlikely that the initial offer will adequately compensate you for your losses.
Instead, the transportation company hopes you will quickly agree to whatever they offer. Unfortunately, these settlements come with a big string—if you agree to accept the money, you cannot later sue for additional compensation when it becomes apparent you need more money.
A lawyer can properly value your injuries and negotiate with the transportation company for full compensation for your losses. But we need you to contact us first before you agree to give a statement to anyone or agree to settle your claim.
After a devastating accident, you are probably in no shape to investigate your case or negotiate a favorable settlement. This is where we come in. With a combined 80 years of experience protecting the rights of New Yorkers, we have obtained more than $800 million in compensation for our clients.
Please reach out to us today. An attorney at Lipsig, Shapey, Manus & Moverman can meet with you to review the facts of your case. If we think you have a valid legal claim, we can handle all paperwork, including submitting a claim to the MTA in a timely manner.
Contact us today by calling 212-285-3300. One of our New York City mass transit accident lawyers will respond promptly.