Injuries suffered in a ‘never event’ subway train derailment

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The morning routine: it’s probably some variant of out of bed, shower, dress, kids up, breakfast, brush teeth, comb hair, shoes and out the door by 7:30 am. Then you head to the train or pull the car out of the garage on the way to the office to start another day.

Earlier this week, for those on the A train speeding from 145th to 125th during the morning commute the unthinkable occurred. Two of the eight subway cars left the tracks before coming crashing to a halt in the dark tunnel. Initial reports were that approximately three dozen passengers suffered injuries, amazingly and thankfully none were life threatening.

Impossible to prepare

The derailment of a subway car is not supposed to happen. Even though delays across the system have become more commonplace, these types of accidents remain rare.

Officials initially blamed the cause of the derailment on an emergency brake that had been pulled. It was unclear if it was caused by human error. Later the cause was described as an “improperly secured piece of replacement rail,” according to the New York Times.

Two supervisors have been suspended during an investigation into whether an oversight might have contributed.

Who is at fault and how to seek a remedy?

The NYC transit authority owes passengers who ride public transportation a duty to provide safe transport. If apparent oversight on the part of the department contributed, there are many issues of negligence and liability.

After suffering an injury it can be days or weeks, sometimes even months until the full extent of an injury is known. Seek immediate medical treatment and focus on recovery, but do not wait to seek legal advice. You need to know that one requirement for bringing a claim against a government agency is to serve notice within 90 days.

It is impossible to prepare for these types of events and you probably have no idea where to turn or what to do next. It is important to contact an experienced attorney quickly to protect your right to just compensation. Remember you only have 90 days from the accident to serve your notice of claim on the New York City Transit Authority. Compensation for injuries is of immediate concern, but a lawsuit may deter future neglect conduct.

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