Subway systems, light rail lines, streetcars, and trolleys transport millions of urban commuters daily. When accidents occur on these rail transit systems, injured passengers face claims that combine elements of bus accident law with unique considerations specific to rail operations.
Types of Rail Transit
Subways and metros operate on dedicated underground or elevated tracks, typically owned and operated by public transit authorities. Major cities like New York, Chicago, Washington DC, and San Francisco have extensive subway networks.
Light rail systems use smaller trains that may share streets with traffic or operate on dedicated rights-of-way. These systems are growing in mid-size cities as alternatives to bus service.
Streetcars and trolleys operate at street level, often sharing lanes with vehicles and crossing through intersections, creating unique collision risks.
Government Transit Authority Claims
Most subway and light rail systems are operated by government transit authorities. This means claims are subject to sovereign immunity considerations, notice requirements, and potential damage caps.
Notice periods for claims against transit authorities typically range from 30 to 180 days. Missing these deadlines bars your claim entirely. The notice must contain specific information required by statute and be served on the correct government office through the proper method.
Damage caps may limit total recovery regardless of injury severity. Some jurisdictions cap government tort claims at amounts inadequate for catastrophic injuries.
Common Causes of Rail Transit Accidents
Platform accidents occur when passengers fall onto tracks, are struck by arriving trains, or are injured in crowds during boarding. Transit authorities must maintain safe platforms with adequate barriers, lighting, and crowd control.
Door-related injuries happen when doors close on passengers or reopen unexpectedly. Defective door sensors, operator error, and rushed operations contribute to these accidents.
Derailments can cause mass casualties. Causes include track defects, excessive speed, switching failures, and equipment malfunctions.
Collisions with other trains or at grade crossings cause severe injuries. Signal failures, operator error, and third-party negligence may be factors.
Passenger injuries inside trains result from sudden stops, jerky movements, and failure to ensure passengers are safely situated before moving.
Common Carrier Duty
Rail transit systems are common carriers owing passengers the highest degree of care. This heightened duty applies to train operations, platform safety, station conditions, and all aspects of passenger transportation.
Breaches of common carrier duty that can support claims include unsafe train operations, inadequate platform safety measures, failure to maintain vehicles and tracks, insufficient security, and negligent employee conduct.
Federal Railroad Administration Regulations
Rail transit systems must comply with federal safety regulations governing vehicle design, track maintenance, operator qualifications, and operations. Violations of federal safety standards can establish negligence per se, simplifying proof of liability.
The Federal Transit Administration also provides safety oversight for rail transit and investigates major accidents.
Proving Rail Transit Claims
Evidence in rail transit cases includes station and train surveillance video, electronic data from train control systems, maintenance and inspection records, operator training and employment files, incident reports, and witness statements from passengers and employees.
Surveillance footage is particularly important but may be deleted quickly. Send a preservation demand immediately to ensure the transit authority retains all recordings.
Third-Party Liability
Rail transit accidents may involve third parties beyond the transit authority:
- Vehicle manufacturers for defective trains or components
- Track or station contractors for construction defects
- Vehicle drivers who cause grade crossing collisions
- Property owners whose negligence affects station areas
Identifying third-party defendants can provide recovery beyond government damage caps and avoid sovereign immunity defenses.
Seeking Compensation
If you're injured in a subway or light rail accident, seek medical attention immediately and document your injuries. Report the accident to the transit authority and obtain a copy of any incident report. Gather witness contact information if possible.
Contact an attorney immediately due to short government notice deadlines. An experienced transit accident attorney understands the special procedures for government claims and can ensure your rights are protected.