Bronx Subway Injury Attorney

In order to minimize the number of subway accidents, as well as motor vehicle collisions and airplane accidents, state and federal agencies regulate the transportation industry. If a subway accident occurs, safety boards, inspectors and investigators are called upon to investigate the incident.

At some point, light rail, subway and commuter rail have all been investigated. Although the injuries sustained during a subway accident are usually much less extensive than those seen in automobile accidents, more people sustain injuries in a subway accident than in a typical car collision. When it comes to accidents involving the New York Metropolitan Transportation Authority (MTA), complex issues must be investigated and analyzed. Some issues that can contribute to an MTA accident include improper employee training, electrical problems and mechanical issues as well as rail concerns.

Recent Incidents Involving New York’s Subway

The MTA states that in 2016 there were 168 incidents involving people being hit by a train with 48 people sustaining fatal injuries: Marking the lowest year-end total for individuals fatally struck by subways in five years. Incidents involving train strikes are broken down by the MTA into six categories: people hit in the station (but not while standing on a platform), individuals hit while standing on the platform, people hit outside of the station (i.e., while in a tunnel), attempted suicides, alleged suicides and individuals who fell between the cars.

Types of Subway Accidents

There are a variety of MTA accidents and mishaps that can occur on the subway, leading to serious injuries or fatalities.

Negligent Operation of the Train

When a subway train is not operated with safety in mind, commuters may sustain serious injuries. Furthermore, an individual may suffer fatal injuries if run over by the train. Examples of negligent train operation include failing to obey traffic control devices, driving at excessive speeds, not communicating properly, failing to inspect the train and its equipment, using inadequate equipment, operating the train while impaired, improperly training conductors, drivers and operators, neglecting to maintain the doors of the train and/or operating the train while distracted.

Slip or Trip and Fall Accidents

There are numerous trip, slip and fall hazards that subway travelers are subject to, these hazards include: uneven surfaces, liquid spills, worn surfaces, broken stairs, defective platforms, slick surfaces, inadequate/missing handrails, large gaps between the platform and the train, a lack of barriers, inadequate warnings as well as insufficient lighting in the stations.

Train Collisions

A train collision may occur due to a mechanical malfunction or as a result of a driver’s negligence, impairment, medical condition, or fatigue. Depending on the specifics of the crash, the MTA or the city may be liable for the injuries, losses and/or damages a victim sustains due to the collision.

Derailments

Subway derailments can be catastrophic, causing numerous fatalities and serious injuries, including traumatic brain injuries. One of the worst derailments on the New York Subway occurred in 1991, with more than 200 people sustaining injuries and five people losing their lives when a train derailed at Union Square.

NYC Lawsuit Payouts

Ali Muyir vs. NYC Transit

As Ali Muyir (19) looked down the tracks to see if the F train was approaching, he lost his balance as his right heel stumbled over the gap on the elevated platform: Muyir fell onto the track. He does not recall what happened next; however, witnesses state that an oncoming train ran Muyir over. Although he survived this ordeal, he lost both of his legs (below the knee) and doctors had to operate on his right hand.

According to records obtained from the court, the gap that caused Muyir to fall was a hole in the platform’s ‘rubbing board.’ The hole had been painted over by one of the employees who was tasked with checking for safety violations. Since it had been painted over, the hole was nearly impossible to see.

Seven months prior to Muyir’s incident, the NYC Transit published a report outlining the hazards on subway platforms throughout the city. Despite warnings from the NYC Transit and other instances involving passengers, the MTA neglected to address these issues.

In 2015, Muyir settled his case for $9 million.

Hector Cabassa vs. NYC Transit

Hector Cabassa (52) sustained injuries as he attempted to exit the train. While exiting, one of his legs got stuck in an opening between the train and the platform. According to Cabassa, as he exited the train, someone behind him shoved his right shoulder. He continued moving forward, at which point his leg got caught between the train and the platform. He thought that he would be able to pull his leg out and began using his hands to dislodge his right foot; however, the train began to move and his entire body was being dragged with it. Cabassa recalls screaming, he thought that he was going to die. Once he felt his leg break, Cabassa passed out.

Following this incident, Cabassa remained in the hospital for 2 ½ months. He underwent eight surgeries on his legs. He now has five screws and a titanium rod in his right leg. Cabassa’s left calf was nearly torn off as he was dragged down the tracks. Cabassa had to learn how to walk again, so he spent nearly a year residing in a rehab facility.

He uses a walker to get around and takes a variety of pain medication to get through each day. Following a two-week trial, the jury only deliberated for about 40 minutes before returning with their verdict. The jury ruled that this accident should never have happened and awarded Cabassa $19.5 million.

Sustaining any type of injury can be life changing. If you have been injured while a passenger on NYC’s subway, in a taxi or while riding a city bus, contact The Law Offices of Ivan M. Diamond today to schedule a complimentary consultation with an NYC Subway injury attorney. Our phone number is 718-588-2000. Ivan Diamond and his staff are dedicated to providing their clients with the compassionate representation they deserve. As such, in-home and hospital consultations are available. In addition, Law Offices of Ivan M. Diamond offers appointments during the evening and on weekends.

Client Review: 5/5
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“I was blessed to have the law offices of Ivan M. Diamond represent me in an accident case I had a few years back. Throughout the process, Mr. Diamond was not just a attorney who fought and got me a cash settlement, but he showed me a decent and compassionate human being who should empathy and concern. I recommended him for over a half dozen cases since then and all clients feel the same as I do. This lawyer and firm is the best!”

Review by: Damen H.