On December 1, 2013, a Metro-North train departing from Poughkeepsie, NY derailed in the Bronx. The entire train, including seven rail cars and the locomotive, all derailed. Four people died in the incident and at least 70 were injured. At the time of the derailment, the train was traveling on a curved portion of track close to the water's edge where the Hudson and Harlem Rivers meet. The speed limit for that curve is 30 mph, but there is a 70 mph zone before the curve, according to officials.
While the cause of the incident remains under investigation, clearly this tragedy should never have happened. As a result, lawsuits against the Metropolitan Transportation Authority (MTA) seeking compensation for injury and death caused the incident are expected. Lawsuits against the MTA are, however, subject to strict procedural requirements. In order to initiate a lawsuit against the MTA, an injured train passenger or the estate of a deceased train passenger must first file a "notice of claim" within 90 days of the accident. Thereafter, the statute of limitations to file a formal lawsuit is 1 year and 30 days from the date of the accident.
An experienced New York injury lawyer can help take the guesswork out of prosecuting a claim, and can seek the full measure of compensation that you deserve. The MTA will certainly have lawyers working on its behalf to limit its exposure. Because the window of opportunity to initiate a case in this regard is limited, don't wait to contact a lawyer for a free consultation and case review.