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Many parties can be held liable for public transit accidents in New York. Depending on where the accident occurred and whose bus or train was involved, these parties could include:
Any of these parties or other transportation authorities may be held responsible for negligence in public transit accidents if their vehicles are involved in an incident.
Negligence in public transit accidents is proven in a similar manner to any other case, with rail lines being subject to specific duties in addition to common law. When these statutory duties are violated, transit authorities can be held liable, and negligence can be proven.
If there is a maintenance issue that results in an accident, this can greatly contribute to a party’s liability. For instance, if a leak on a subway platform is neglected and later causes a slip-and-fall accident due to freezing over, this is considered a maintenance issue. Broken stairs, wet floors, unstable handlebars, and more can all be considered negligence in the case of a transportation accident.
Attorney David A. Kapelman is a seasoned lawyer based in New York who has helped countless clients just like you navigate the intricacies of personal injury law. With a history of serving clients in New York for over 40 years, he is fully prepared to represent you in your case and fight for the compensation that you deserve.
Still have questions? Ready to get started? Contact the Law Offices of David A. Kapelman, P.C. today to schedule an initial consultation.
In New York, a notice of claim must be filed in order to notify the relevant government agency of your intent to file a claim against them. This notice of claim must include a description of the accident, a record of any injuries you sustained, and the damages you are seeking in restitution.
The notice of claim must be filed within 90 days of your accident, and the government agency must respond to your notice within 30 days of receipt. Be aware that the public authority reserves the right to require a physical in order to assess your reported injuries. From this point, you must confer with your attorney to fully understand your case before moving forward to the discovery phase and ultimately filing your suit.
While the transit authority in question may be associated with your state, you are unable to sue the city or state itself for a public transit accident. In these cases, you may only sue the public entity that owns and operates the vehicles involved in your accident.
It is not uncommon to see confusion around cases where a bus driver slams on the brakes, and someone gets hurt. There are generally many questions that arise in these cases in order to pinpoint who is culpable.
For instance, if a child were to run into the street and cause a bus driver to slam on the brakes, a passenger who received an injury may not be able to claim the same negligence as they would if the transit operator was driving the bus erratically. For this reason, these cases are a common point of misconception.
If you are having difficulty Understanding Public Transportation Accidents, the Law Offices of David A. Kapelman can help. Receive the legal counsel you need by calling us at (212) 563-2010 today.
Attorney David A. Kapelman is a seasoned lawyer based in New York who has helped countless clients just like you navigate the intricacies of personal injury law. With a history of serving clients in New York for over 40 years, he is fully prepared to represent you in your case and fight for the compensation that you deserve.
Still have questions? Ready to get started? Contact the Law Offices of David A. Kapelman, P.C. today to schedule an initial consultation.