Subway Injury in Texas? Fight Back with Proven Counsel
Injured in or around a subway, light-rail, or transit station in Texas? Learn how liability works, what evidence to gather, and how experienced counsel can protect your rights against public agencies, contractors, and insurers.
Why Transit-Related Injury Claims Are Different
Transit injuries—on platforms, trains, buses connecting to rail, or in stations—often involve public entities and private contractors. In many cases, claims are governed by the Texas Tort Claims Act (TTCA, Chapter 101), which imposes special notice rules, liability limits, and procedural requirements. Rapid response is critical to preserve evidence like surveillance footage, vehicle data, and maintenance records.
Common Causes of Subway and Station Injuries
- Slip, trip, and fall hazards from wet floors, debris, or uneven surfaces
- Defective stairs, escalators, elevators, or platform edges
- Train or light-rail sudden starts/stops and operator negligence
- Inadequate lighting or security leading to assaults
- Construction site hazards from third-party contractors
- Failure to warn of known dangers or to maintain premises reasonably
Who May Be Liable
Potentially responsible parties can include the local transit authority, municipalities, private security companies, janitorial and maintenance contractors, escalator/elevator manufacturers and servicers, construction contractors, and third-party drivers causing platform or crossing incidents. Whether a transit authority qualifies as a “governmental unit” is fact- and entity-specific (many local transit authorities are political subdivisions) (Tex. Civ. Prac. & Rem. Code § 101.001).
Texas Tort Claims Act Considerations
The TTCA contains limited waivers of sovereign immunity, including for: (1) injuries arising from the operation or use of a motor-driven vehicle or equipment by a governmental employee (§ 101.021), and (2) premises defect claims, with special rules for “special defects” (§ 101.022). The scope and applicability of these waivers depend on the facts and the entity involved.
Notice requirement: Generally, written notice to the governmental unit must be provided not later than six months after the incident, describing the damage or injury claimed, the time and place, and the incident itself; some city charters require shorter notice periods, and actual notice can satisfy the statute in some circumstances (§ 101.101).
Damages caps: The TTCA limits damages, and the caps vary by entity—for example, up to $250,000 per person and $500,000 per occurrence for bodily injury/death against the State or a municipality, and lower limits for some local governmental units; property-damage caps also apply (§ 101.023).
What To Do After a Transit Injury
- Report the incident to station or transit personnel and request an incident number if available.
- Photograph the scene, hazard, signage, lighting, and your injuries.
- Identify witnesses and request their contact information.
- Preserve tickets, fare cards, ride receipts, and medical records.
- Seek prompt medical evaluation and follow treatment recommendations.
- Consult counsel quickly to evaluate TTCA notice requirements and send evidence-preservation letters.
Damages You May Recover
Depending on the facts and applicable law, recoverable damages may include medical expenses, lost wages and diminished earning capacity, pain and suffering, physical impairment, and property damage. If a governmental unit is involved, statutory caps and other limitations may apply (§ 101.023).
How We Build Your Case
- Rapid evidence preservation letters to transit authorities and contractors
- Retrieval and review of surveillance video, incident reports, and maintenance logs
- Inspection of platforms, stairs, escalators, and lighting with qualified experts
- Analysis of training records, staffing, and prior complaints
- Coordination with medical experts to document causation and damages
- Strategic negotiation backed by trial readiness
Practical Tips
- Write down exactly where the hazard was located (e.g., “northbound platform, near Car 2 marker”).
- Ask a companion to save a phone backup of photos and videos to preserve original metadata.
- Do not give recorded statements to insurers before speaking with counsel.
- Request copies of any incident reports you file with the transit authority.
Act Promptly to Protect Your Rights
Public-entity claims often require early notice to the correct agency, and missing procedural steps can jeopardize your case. Timelines can vary by entity and circumstance. In addition to TTCA notice deadlines, the general Texas limitations period for personal injury is typically two years from the date of injury (§ 16.003), but exceptions and shorter charter-based notice rules may apply. Speak with an attorney as soon as possible.
FAQ
Do Texas notice deadlines apply if a contractor, not the transit authority, caused the hazard?
You may have claims against both governmental and private parties. TTCA notice requirements apply to claims against governmental units; private-contractor claims generally follow standard Texas procedures and limitations.
What if I did not file a report the same day?
You can still pursue a claim, but act quickly to document conditions and notify the proper entity. Delay can risk loss of video and cleaning or repair of hazards.
Are escalator or elevator defects handled differently?
They may involve products liability or negligent maintenance claims against manufacturers or servicers, in addition to premises claims against the property operator.
Can I recover if I was partially at fault?
Texas follows proportionate responsibility; recovery may be reduced by your percentage of fault and barred if you are more than 50% responsible.
Free Consultation
If you suffered a subway, light-rail, or station injury in Texas, contact our team for a free, confidential consultation. We will assess your options, handle communications with the transit authority and insurers, and pursue the compensation the law allows. Request your free consultation.
Sources
- Texas Civil Practice & Remedies Code, Chapter 101 (Texas Tort Claims Act)
- § 101.001 (Definitions; governmental unit)
- § 101.021 (Use or operation of motor-driven vehicle or equipment)
- § 101.022 (Premises defects; special defects)
- § 101.023 (Damage limits)
- § 101.101 (Notice)
- Tex. Civ. Prac. & Rem. Code § 16.003 (Limitations)
Disclaimer
Texas-specific notice and damages rules may strictly limit claims against governmental units, and some cities impose shorter charter notice periods. This blog is for general information only and is not legal advice; reading it does not create an attorney–client relationship. Legal outcomes and deadlines depend on your specific facts and applicable Texas law.