If you take the subway, you know just how rough of a ride it can sometimes be. This is particularly true as the subway starts to move and slows down, and it's common to see inexperienced subway riders stumble and even fall in these moments. If you've fallen and hurt yourself on the subway, you might have hired a personal injury attorney with the goal of bringing legal action against the subway. Your suit might attempt to hold the subway accountable for your injuries based on the argument that the ride was rough. You can expect the subway's attorneys to counter by suggesting that you weren't paying attention before you fell and that your distracted nature makes you responsible for your fall. Here are some ways to refute this claim.
You're An Experienced Rider
You may have some success refuting the claim that you fell because you were distracted by arguing that you're an experienced subway rider who knows how to position your body during the ride. Your attorney will state that the subway driver's rough approach on the date in question, not your inexperience, is to blame for your fall and injury. To prove that you're an experienced rider, you can state how long you've been taking the subway daily as a means of commuting.
You Weren't Doing Something Else
It's possible to stumble and fall while on the subway because of being distracted, so you'll want to have some means of proving that you were indeed paying attention in the moments prior to the fall. For example, you could provide logs from your smartphone that show you weren't texting at the time of the fall. The subway's legal team might have success suggesting that your focus on your smartphone took your focus off remaining upright while on the subway. Witnesses can also attest to the fact that you didn't appear to be distracted.
Other Riders Fell, Too
A rough subway ride may have caused you to fall, but it's possible that you weren't the only one. If you were just one of several riders who fell or perhaps stumbled to some degree, they can be valuable to your case. You'll want to have some of these individuals come forward to support your claim that the subway ride was exceedingly rough on the day in question. By refuting the other side's claims, you and your attorney have a better likelihood of moving forward with a successful suit.