Are you familiar with the laws regarding accidents in New York City subway stations? NewYorkInjuryNews.com talks about the liability placed on the train conductor and the transit authority. The way the law is written, it is hard for the conductors and transit authority to be held liable should an accident occur in the station.

[I]n an emergency when a person falls onto the subway tracks, the conductor of an approaching train must avoid striking that person if the conditions allow.  For example, in Stanley v. New York City Transit Authority, 45 A.D.3d 832, 847 N.Y.S.2d 111 (1st Dep’t 2007), the plaintiff became ill while on the platform, passed out, and fell onto the tracks, where he was struck by an oncoming train.  The Transit Authority moved to have his case dismissed based on the train conductor’s testimony that he took emergency measures but was not able to stop the train in time to avoid the accident.  Although the trial court granted the motion, the Appellate Division reversed that decision, ruling that it was for a jury to decide, based on the location of the train when the plaintiff fell onto the tracks, whether the conductor could have stopped the train in time to avoid hitting him.  Thus, the plaintiff was allowed to present his case against the Transit Authority to trial.

Posted in: Accident Lawsuit, Subway Accident, transportation accident | Comments(0)

Don’t be an idiot when riding the subway. NY Newsday points out:

For the second time in as many days a man was run over by a subway car yesterday and survived.

Just before 5 a.m. a southbound G train was pulling into the Metropolitan Avenue station in Williamsburg when the operator saw a man lying in the trough between the tracks, transit officials said. The first car passed over the young man before coming to a halt.

The man, whose name was not released by officials, was taken to Woodhull Hospital where he was listed in stable condition with a head injury. It was not clear why he was on the tracks. A transit spokesperson said initial reports stated that the 22-year-old man may have been intoxicated.

We repeat: Don’t be an idiot. We hope the guy is ok.

Posted in: Subway Accident | Comments(0)

Subway car accidents, whether they occur in New York, Chicago, or Washington DC are pressing safety issues. Sunday a subway derailment occurred in New York:

A Brooklyn-bound N train derailed Sunday in midtown, tossing riders from seats as wheels on each of two subway cars jumped the track, officials said.

Rescuers evacuated 449 passengers trapped during the 4:23 p.m. accident by sending an R train through the tunnel near 57th St. and Seventh Ave., behind the stuck 10-car train.

“It was chaos,” said a token booth clerk who watched as riders finally emerged about 5:30 p.m. at Fifth Ave. and 59th St.

“All of the people there were frustrated. They just wanted to get to where they were going.”

Service was halted on the N and R lines last night. Two minor injuries were reported, including one anxiety attack, officials said.

What exactly caused such a dramatic derailment? The Daily News suggests:

Investigators suspect the accident may have been caused by track debris, officials said.

Hopefully the injured are ok and legal complexities of the case will be minimal. If you were seriously injured in this or another subway accident, seek out responsible legal counsel.

Posted in: New York City, Subway Accident | Comments(0)