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Auto Accidents, New York, Personal Injury
Injured by Public Transportation in New York
Uploaded on: Jun 14, 2022
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Duration: 2.5 Min

Video Description

New York’s two-point-six billion public transportation trips each year lead the nation by far. The downside to this statistic? Public transportation-related injuries are inevitable. The number one question clients injured on public transportation ask me is, “Can I even sue for accidents like this?” The short answer is yes, but these lawsuits are tricky.

WHAT ARE THE MAIN TYPES OF ACCIDENTS INVOLVING PUBLIC TRANSPORTATION?

There are three main types of accidents involving public transportation.

The first is passengers or pedestrians being hit by a public transportation vehicle. For example, in Chainani versus Board of Education, a student’s parents won a lawsuit against the New York school board after a school bus hit the student as she crossed the street after getting off the bus.

The second type is slip and fall injuries. In one case, a woman was awarded five-hundred-thousand dollars when the city didn’t properly maintain a train platform, causing her to slip on a patch of ice and fracture her ankle.

Third are collisions with a public transportation vehicle. For example, a man successfully sued the New York City Transportation Authority when a bus rear-ended his vehicle at a red light.

WHY THESE LAWSUITS ARE POSSIBLE, BUT COMPLICATED

It’s definitely possible to recover compensation for an injury on public transportation. Public transportation carriers are responsible for passenger safety. They have to follow regulations and otherwise be reasonably careful to keep passengers safe.

New York’s pure comparative fault model also helps. In New York, fault for causing an accident is divided by percentages among the involved parties, and each party can recover compensation as long as they aren’t one-hundred percent to blame. So, if you slip and fall on a train platform, you can successfully sue the city, even if you were being somewhat careless, as long as the city is also to blame.

However, these lawsuits are complicated. One reason is their strict deadlines. In New York, if you’re suing the government, you have ninety days from the date of the accident to give legal notice that you’re going to file a claim. As soon as you’re injured, the clock starts ticking.

It can also be difficult to prove the government is to blame. The government isn’t generally responsible for injuries that happen because of circumstances outside of their control. Most rules for when the government is at fault are buried in past cases and set a high bar for what must be proved to hold the government liable.

Finally, it often isn’t clear who should be sued. Imagine a car accident with a public bus. Many parties could be at-fault, such as:

  • the bus driver,
  • the transportation authority
  • the city, and
  • even the State.

Suing the wrong party can seriously damage a claim for compensation.

Being injured on public transportation is unfortunate, and those at fault should be brought to justice. At Rosenblum Law, our dedicated attorneys have decades of experience successfully holding public transportation agencies accountable for not keeping members of the public safe. Contact us today for a free, no obligation consultation.

Why Choose Rosenblum Law?

100+ Years of combined legal experience
No Upfront cost if we handle your case
Experienced, Trusted lawyers with proven results.
Get A Free Consultation Today

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