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Mass Transit - If You Are Injured On Subways And Buses

Topics Covered

New York City Public Transportation
Subway Accidents
Accidents on Buses

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New York City Public Transportation

New York City has the largest public transportation system in the world. With the exception of several small private bus lines, the great majority of the buses and all of the subways being operated throughout the City are run by governmental Authorities.

The subway system and most of the buses are operated by the New York City Transit Authority, the remaining buses by a sister State Authority, The Manhattan and Bronx Surface Transit Operating Authority. It is important to remember that because these bodies are creatures of the State, strict legal conditions exist before a claim or law suit to recover money award for injuries occurring in a accident can be successful.

These conditions concern themselves with the filing of a written Notice of Claim within 90 days of the accident, and other time constraints dealing with the commencement of a law suit. Thus, whenever there is a possible claim against either of these agencies, prompt action is required, less the claim be lossed by reason of the failure to meet any one of these conditions.

Generally, the laws of the state of New York provide that the Transit Authority or the Surface Transit Operating Authority will be legally responsible for their negligence in the operation or maintenance of its train and bus system. The Transit Authority is considered, like a railroad, to be a common carrier and is required to exercise reasonable care in providing passengers with a safe ride.

Subway Accidents

Unfortunately, there are a number of ways in which people are typically injured while using the subways. In many instances, these accidents could have been prevented, had the Transit Authority exercised proper care as required by the law.

A defective turnstile can be the cause of a accident. In one reported case, a passenger was injured by being thrown to the ground while trying to enter through a turnstile, when a large crowd, leaving a train was trying to get through the same turnstile in the opposite direction. The court ruled that because the Transit Authority failed to open the exit gates during the rush hour, they had failed to use reasonable care in the operation of its turnstiles and were found to be liable for the injuries sustained by the passenger.

A more common type of subway accident occurs when a passenger is struck by a closing subway car door or gets caught in the doorway of a moving train before having the opportunity to enter or exit. Reasonable care must be used in the closing of subway car doors to prevent injuries to those persons entering and exiting, or the Transit Authority will be responsible for any injuries sustained.

Another common accident occurs where a unusually large space exists between the edge of a subway platform and the doorway of the train. Although it is sometimes impossible to avoid open spaces, due to curves in the tracks, the Transit Authority must take reasonable precautions to prevent injuries that may result from certain imperfections in the tracks.

For example, the Transit Authority must provide proper lighting, place warning signs in the stations, or even provide announcements over a public address system to warn of the potential dangers that may exist because of spaces between the platform and incoming trains. Presently, the Transit Authority even provides a moving platform to cover the open spaces. If the Transit Authority does not take these precautions and an accident occurs, they will be legally responsible.

The law requires the Transit Authority to maintain its stations in a reasonably safe condition as well. They are responsible for the upkeep of the stairways and platforms leading to and from the trains. Thus, if a passenger is injured by reason of falling on a poorly lighted or otherwise negligently maintained stairway, the Transit Authority can be held responsible.

Accidents on Buses

Moving above ground, there are a great many preventable accidents which occur on buses. The Transit Authority and the Manhattan and Bronx Surface Transit Operating Authority are responsible for any injuries occurring by reason of an accident which arises by reason of their negligence.

Responsibility begins before the bus begins to roll. Buses are required to be maintained in a safe condition. For example, liability will exist for injuries such as those caused by a defective condition on the stairs of a bus or a slip and fall on a slippery area on a bus floor. Any condition that is not considered reasonably safe to bus travel and causes injury is subject to a lawsuit. In one reported case, the court held that an overcrowded bus is not safe, and injuries that occur due to the overcrowding are the responsibility of the bus company.

Just as any other driver on our road, the driver of a bus is required to operate his bus in accordance with the rules of the road. If the bus is operated in a negligent manner so as to cause injuries to passengers, pedestrians or other drivers, the owner

Other potential bus accidents include: injuries caused by sudden jerks, starts, or stops of a bus; accidents and injuries caused by fellow passengers which the bus driver could have prevented; injuries caused by the bus driving too close to the curb, and even frost bite from an unheated bus.

Remember, if you think that you have a case against the Transit Authority, you must act quickly, because of very strict laws concerning the filing of a Claim and the bringing of a law suit. Keep in mind that a written Notice of Claim must be filed within 90 days of the accident or your lawsuit will be barred. If you have been injured while using a bus or subway, it would be wise to consult with a Lawyer experienced in these types of cases as soon as possible to determine if you have a case.