A straphanger hurt in the A train derailment that injured 34 people on Tuesday morning and snarled service on multiple subway lines is filing a lawsuit against the MTA.

Sheena Tucker and her high-profile defense attorney Sanford Rubenstein filed a notice of claim announcing a $5 million lawsuit against the transit agency yesterday, alleging that the derailment was "the result of careless, reckless, negligent acts" on the part of the MTA. At a press conference in Rubenstein's office this afternoon, the attorney said that Tucker, who was seen walking gingerly into the press conference, took a CAT scan after the derailment and was diagnosed with a protruding disc in her spine.

Tucker said she was riding the A train to a doctor's appointment on Tuesday. Shortly after boarding it, she said there was "a halting screech, everyone was swaying and everything went black." People initially thought the derailment was a terrorist attack when they saw smoke and fire, according to Tucker, and she said that she was knocked down and trampled when people began trying to run off the train.

Tucker also said that she won't be taking the subway any more.

Rubenstein also took the occasion to call for "an independent investigation by the National Transportation Safety Board" into what caused the derailment. "Was it a rail that was stored? Was it garbage on the tracks? Why was there garbage on the tracks to begin with?" he asked.

"Wouldn't money be better spent making capital repairs instead of giving damages to victims who are entitled to them for what's happened to them through no fault of their own?" Rubenstein asked. "MTA, fix the trains," added, to close the press conference.

An MTA spokesman declined to comment, explaining that the agency does not comment on pending litigation.