Filing a Lawsuit after a Subway Accident

Jun 21, 2019 | Accident Benefits Claims, Initial Consultation

Moussa Sabzehghabaei

Personal Injury Lawyer

Public transportation is quite popular in Toronto. Many residents use the subway because it is a cost-effective and more efficient way for them to navigate through busy metropolitan areas in the cities. Subways are an important part of public transportation that can impact the day to day lives of commuters. Like all other means of public transportation, subways have their drawbacks. Incidences such as equipment malfunction or operator error can result in serious accidents that lead to injuries or sometimes fatalities. Other accidents such and slip and fall scan also occur on the platforms or on public transportation grounds. Passengers are at risk of dangerous conditions in subways that can change their lives forever.

Common Injuries in a Pedestrian Accident
The Deadly Subway Accident in Ontario

In 1995, Ontario experienced the deadliest subway accident. A subway train ran into the rear of a stationary train in Toronto. Both trains had 200 to 300 passengers on board. When the accident occurred, three passengers were killed and 30 sustained serious injuries. About 100 victims who were involved in the accident went on to file injury claims.

It was later discovered that the accident was caused by operator issues as well as some design flaws. This meant determining liability for this case was going to be a complex issue. Subway injuries are thankfully not common. However, when they occur, they can result in serious injuries.

Have you been injured in a subway accident? Do you have a family member who was injured while in the subway and needs help to recover compensation for lost wages or other forms of damage? We’ll cover some important aspects in this article to help you navigate the process of filing a claim when involved in a subway accident.

Common types of subway injuries and accidents

A subway accident can occur when there is a collision with an object or another subway train. When a subway train derails, it can cause an accident that leads to significant injuries.

Subway accidents can also be caused by operator issues. Subway trains should be driven by licensed and experienced operators. An operator’s negligent actions can cause the train to stop or start suddenly resulting in an accident. Passengers can fall or collide with each other on the train and sustain injuries. These incidences can lead to head injuries that have a long-term impact on an individual’s life.

Some passengers sustain injuries when getting on or off the subway. For instance, if the floors on the front area of the subway are slippery, slip and fall injuries can often result. Subway injuries are also common if the on and off ramps and stairs are not well maintained. Passengers can get injured by the ramps as they try to board the subway. Proper maintenance of these ramps is key to ensuring the safety of passengers.

In rare cases, subway accidents result in fatalities. When this happens, families of the deceased can seek legal advice to understand their options and get the settlement they are entitled to. It’s important to be represented by a knowledgeable personal injury lawyer with experience handling complex cases like accidents in the subway and public transportation grounds.

Seek medical care first

When involved in a subway accident, the first course of action is to seek medical treatment. Even though you may not show any immediate symptoms after the accident, it’s important to go for a medical check-up.

The legal system protects the rights of victims of subway accidents but one must show the initiative to attain recover by seeking the required treatment. If you or a loved one was involved in a subway accident, see a medical expert who will review your condition and document your progress.

Who is legally responsible for injuries that occur on subways?

Depending on the specifics of the incident, different parties can be held liable for the injuries or death that occurred in a subway accident. In many cases, the lawsuit is filed against the transit agency that is responsible for operating and maintaining the subway.

In some cases, the manufacturer or designer of the equipment can be held liable if the accident occurs due to design faults. It must be proven that the subway was designed negligently or had parts that were not properly designed to guarantee the safety of its users.

Additionally, a passenger in the subway can be held liable for injuries if it is shown that he/she created a dangerous condition by something they brought onboard or through their conductor. Subway trains should provide a secure environment for passengers by ensuring other passengers do not compromise other’s safety.

In slip and fall scenarios, the maintenance contractors and agencies must be placed on notice of a claim.

Subway accident claims are complex and only a qualified lawyer can help to prepare a strong case against the liable party. The lawyer will research the specifics of the case and assess facts to prove that the party’s negligent actions led to the injuries sustained by the victim.

After filing a lawsuit, you may be entitled to different forms of damage. You may receive compensation for pain and suffering as well as lost wages if the injury resulted in your inability to perform work. You may also be entitled to loss of competitive advantage if you become less productive and have difficulty working as you did before your accident. Your lawyer will advise on the damages you qualify for and help build a strong case on your behalf.

Working with a personal injury lawyer from the very beginning can help you to evaluate the options and take the necessary steps to improve your chances of winning the suit.

How long can you wait to file a claim?

Don’t wait too long to take action. The legal system stipulates a strict time period for the suit to be filed. You will need to file the claim within 2 years of the date of the incident.

When you consult a competent lawyer immediately after the accident, you get sound advice and also a faster claim handling process to ensure you meet the deadlines. The lawyer will have adequate time to prepare a strong case for you.

If you or a family member has been injured on the subway or on public transit grounds, in a take prompt action to address your injury. Consult with an experienced personal injury lawyer early in the process. You’ll be advised on the options available to receive the settlement you are entitled to.