Types of Commuter Rail and Subway Accidents
Common transit accidents include:
- Train Collisions: Rear-end collisions, head-on crashes, and striking objects
- Derailments: Trains leaving tracks due to equipment or track failures
- Platform Accidents: Falls, gaps between train and platform, overcrowding
- Door Injuries: Passengers struck by closing doors or dragged
- Escalator and Elevator Accidents: Falls and entrapment
- Slip and Falls: Wet floors, uneven surfaces, debris
- Assaults: Inadequate security leading to crimes
Government Immunity and Exceptions
Most commuter rail and subway systems are operated by government entities, which historically had sovereign immunity from lawsuits. However, most states have waived immunity for certain claims:
- Negligent Operations: Most states allow claims for negligent operation of vehicles
- Dangerous Conditions: Claims for hazardous property conditions
- Notice Requirements: You typically must file a notice of claim within 60-180 days
- Damage Caps: Many states limit damages against government entities
Notice of Claim Requirements
The most critical requirement for transit claims is the notice of claim. This formal notice must be filed within a strict deadline (often 60-90 days) and typically must include:
- Date, time, and location of the accident
- Description of what happened
- Nature of your injuries
- Amount of damages claimed (or a statement that damages exceed a certain amount)
Missing this deadline can bar your claim entirely, making it essential to consult an attorney immediately after a transit accident.
Proving Transit Authority Negligence
To succeed in a transit claim, you typically must prove:
- The transit authority had a duty of care (as a common carrier, this duty is high)
- They breached that duty through negligent actions or omissions
- The breach caused your injuries
- You suffered actual damages
Evidence may include maintenance records, video surveillance, employee training records, prior incident reports, and expert testimony on transit safety standards.
Compensation Available in Transit Cases
Depending on your state's rules, you may recover:
- Medical expenses
- Lost wages
- Pain and suffering (subject to caps in some states)
- Permanent disability
- Future care costs
Government damage caps vary widely - from $100,000 in some states to no cap in others. An attorney familiar with your local transit authority's rules is essential.