CASE RESULTS
$10,581,576
MILLION
Guaranteed lifetime payment secured for an eleven-year-old girl from the Caribbean who was seriously injured after being struck by a van while crossing the street. The client sustained a fracture of the left wrist and underwent surgery to her knee and lower back.
New York Subway & Train Accident Lawyer
Motor vehicle accidents unfortunately happen every day. While most drivers have an idea of what they need to do in the event they suffer injuries in a traffic collision, few people know what their options are when their injuries are due to accidents sustained on subways, trains, and other common carriers. Residents of New York, NY, are no strangers to public transportation; however, the laws surrounding injuries suffered while using public transportation are a bit of a mystery.
The Responsibility of Common Carriers
Common carriers are all transportation services that carry people from place to place. Due to the nature of such organizations, exercising care for their passengers is an inherent part of the business. If they fail to exercise care and endanger their passengers in any way, the courts can hold them liable for any resulting injuries. If you’ve suffered an injury on a train or while riding the subway in New York, it’s important to know your rights and the legal options available. Most subways and trains operate under the supervision of a governing body. They have a responsibility to exercise care when performing their duties, and when they fail to do so, they are liable for the damages they cause. If you’ve suffered an injury on a subway or train, you’ll need to assess whether another person or party is responsible for those injuries. This revolves around the legal concept of negligence, which means endangering the welfare of those around you through recklessness, carelessness, or failure to exercise reasonable care. To win your subway or train accident case, you must prove to the court that the defendant was negligent in some way. Depending on the circumstances of your case, you may wind up suing a subway driver who was working under the influence of drugs or alcohol, a train company that shirked its responsibility to perform thorough maintenance on its vehicles, or a parts manufacturer that provided faulty machinery to a common carrier. If your case requires proving negligence, you must prove the following true to a court:
- The defendant (the person or party being sued) owed the plaintiff (the person or party suing) a duty to act with reasonable care. For example, subway operators must perform their duties while sober and not under the influence of drugs or alcohol.
- The defendant breached this duty in some way. Operating a subway train while intoxicated would constitute such a breach.
- This breach directly resulted in the plaintiff’s injuries. The plaintiff can sue only for injuries directly caused by the incident.
What to do if you’ve been in a Subway or Train Accident in New York
Although the premise of strict liability does not apply to common carriers, the burden of proof that the carrier breached its duty of care still rests with the plaintiff. A successful claim will hinge on the testimony of eyewitnesses and experts, evidence such as photographs from the scene of the incident, and records of maintenance and inspections of the vehicle in question. Subway and train accident cases can quickly grow complex because of the amount of evidence necessary to bring about a successful resolution. Anyone in New York, NY, who has suffered injuries as the result of a subway or train accident needs to know their options if their injuries are the result of negligence. Call the New York subway and train accident attorneys at Omrani & Taub, P.C., at (718) 714-1515, if you have questions about common carrier laws or for a consultation about your case. If an intoxicated subway driver, careless vehicle inspector, or defective parts supplier is responsible for your injuries, there is no reason to bear the burden of mounting medical bills, the costs of ongoing treatments, and potential disabilities on your own.
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