Public Transportation Accidents and Government Liability
All across New York City and the Bronx, most people rely upon public transportation – from the bus, to the subway – to get around. We rely upon the government of the State and City of New York to ensure that we can use these public transportation systems safely. Unfortunately, as anyone who regularly travels the subways can attest, these important public works are not always properly operated and maintained, and serious accidents occur with alarming regularity. When accidents do occur, public authorities often run for cover behind armies of lawyers whose job it is to deny accident victims the compensation that they deserve when they are injured due to public transportation negligence. If you are injured in a public transportation accident – whether on the subway, a city bus, or otherwise – you need top Bronx public transportation accident lawyers in your corner to ensure that your rights are protected and that you are awarded all of the compensation that you deserve.
The highly trained and qualified attorneys at the Jesse Minc Law Group have dedicated their careers to advocating for the rights of accident victims who have suffered injuries in public transportation accidents in New York City and beyond. Accidents involving subway trains and buses, for example, can cause serious injuries ranging from broken bones to traumatic brain injuries, and recovering damages from a city or state government entity can be a difficult process. Indeed, although the government is supposed to protect its citizens, when serious accidents occur due to government negligence, the government is often more adament in denying that it owes compensation to accident victims than are private defendants.
Our team of public transportation accident lawyers is committed to fighting for you as long and as hard as is necessary to recover every bit of compensation owed to our clients under the law. In order to make sure that each of our clients receives our full attention and the full panoply of legal and financial resources at our disposal, we accept a limited number of cases in which we are confident that we can ensure that every case is properly proven at trial and on appeal. Our over 95 percent rate of success of all cases that we accept into our firm is a testament to our dedication to our clients, and we offer our clients an opportunity to level the playing field when the government’s negligent actions causes them harm in a serious accident.
Public transportation is a critically important part of life in the Bronx and throughout New York City. Determining who is in charge of a particular train or bus line can be difficult, even though responsibility may sometimes seem obvious (after all, the MTA and New York City Transit Authority often feature their logos on the side of public busses and subway trains). Rest assured, the identification of the responsible government agency is often not simple, and only lawyers with experience and knowledge of the organization of our public transportation system can ensure that you identify the proper defendants in your case. The New York City subway system is owned by the City of New York, but operated by the State’s Metropolitan Transit Authority (MTA) through a subsidiary, the New York City Transit Authority (NYCTA). Another MTA subsidiary operates rail lines on Staten Island. The MTA also operates surface bus lines throughout Manhattan and the Bronx through the Manhattan And Bronx Surface Transit Operation Authority, and operates commuter rail lines connecting the city to the suburbs through subsidiaries such as MetroNorth and the Long Island Railroad. If you do not retain experienced public transportation accident lawyers, you risk having the wrong entity sued, which can result in outright dismissal of your case without a dime in compensation being awarded no matter how meritorious your case may be.
New York City’s public transportation is not limited to the lines operated by the MTA. The City’s Department of Transportation operates the Staten Island Ferry. The Port Authority of New York and New Jersey operates the PATH trains that run from New Jersey to Manhattan, as well as the AirTrain JFK system connecting JFK Airport to other transportation routes. Some transportation lines, like the Roosevelt Island Tramway, are owned and operated by private entities. It must again be emphasized that only experienced lawyers will be able to accurately identify the proper defendant to sue in your personal injury lawsuit, and we are among the top tier of Bronx personal injury lawyers with the experience and knowledge necessary to ensure that the proper parties are identified and included in your case.Pursuing Compensation from a Government Entity for a Public Transportation Accident
Personal injury claims are most often based on the legal theory of negligence. The term “public transportation accident” probably makes most people think of a bus crash, a train collision, or a train derailment. These types of incidents often result from negligence, and they can certainly lead to severe injuries. Our public transportation accident attorneys can help Bronx residents and other victims bring claims for compensation for their medical bills, lost income, pain and suffering, and other damages. We spend our own money to hire the right experts, ranging from transportation safety experts to medical speclists to finaicinal analysts and economists, to prove every element of your case so as to maximize your chances of obtaining full compensation in your case, and you do not have to pay us back for these expenditures unless we win your case.
Moreover, victims can also suffer injuries because a city or state agency failed to safeguard a facility or vehicle. A person might fall down the stairs at a subway station, for example, or suffer an injury getting on or off a bus. These incidents can also result in liability for negligence under a theory of premises liability.
Suing the government is different from suing a private individual or business. Normally, filing a lawsuit only requires filing a complaint with the court and having the defendant served with a copy of the complaint. The legal doctrine of sovereign immunity, however, limits people’s ability to sue the government, and allows the government special accomodations when it commits negligence and injures citizens. This doctrine dates back centuries to a legal principle in England holding that a king cannot be sued in his own courts. Luckily, today’s governments in the U.S. are not nearly so restrictive. Our Bronx public transportation accident attorneys can help clients sue cities, counties, the state, and local and state agencies in New York, simply by taking a few extra steps. However, it is critical to retain an attorney during this process so that none of the procedural nuances is overlooked.
A lawsuit against the City of New York or one of its agencies, such as the Department of Transportation, requires filing a notice of claim with the City of New York Comptroller within 90 days of the incident. The injured individual then must appear for an interview under oath, and has one year and 90 days from the date of the accident to file a lawsuit. State law requires serving the proper government agency with a notice of claim before suing the state or one of its agencies. A lawsuit against the Port Authority, for example, requires filing a notice of claim within 90 days of the accident, and a waiting period after service of the notice of claim of at least 60 days before filing a formal lawsuit. The MTA requires a notice of claim within 90 days of the incident, and the statute of limitations for filing suit is one year and ninety days.Discuss Your Case with a Public Transportation Accident Lawyer in the Bronx Today
The Jesse Minc Law Group offers its clients access to our extensive experience and knowledge in personal injury law, as well as access to our broad range of legal and financial resources including expert witnesses and top-tier legal talent. When we accept a case, our clients have direct access to an attorney 24/7, with assistance available in English and Spanish. We believe in our clients’ cases, and are proud to say that we consider our clients to be part of our extended family. We employ a former NYPD detective to investigate the circumstances surrounding an accident, and we have a network of expert witnesses who can help build our clients’ cases. To schedule a free, confidential consultation to see how we can help you, contact us today online or at (718) 354-8000.
- Public Transportation Accidents
- The Notice of Claim Requirement and Shortened Statutes of Limitations
- Governmental Immunity and Qualified Immunity
- Governmental Premises Liability on Public Lands, Sidewalks and Roadways
- Negligent Roadway Design
- The N.Y.C. “Pothole Law” – Prior Written Notice Requirement