Although public transportation on buses and subways constitute a valuable resource, accidents involving public transit vehicles like a bus can cause serious injury to multiple passengers. If you are injured while using public transportation, you face special legal issues when pursuing a personal injury lawsuit. Special procedures and deadlines apply if you were using the public transport system when you were injured. In this blog, our New York public transportation accident attorneys discuss the special complexities involved in pursuing a claim for injuries incurred when using public transportation.
When pursuing a lawsuit for injuries incurred while boarding a subway, bus or train accident in New York City, a successful legal claim involves compliance with special procedural and timing requirements. These special requirements are imposed as part of a waiver of sovereign immunity by government entities. If you are pursuing a personal injury or wrongful death claim against a public entity, the following requirements apply: (1) special deadlines; (2) pre-suit hearings; (3) filing notice of intention to file a claim; (4) where, how, when you must move for leave to serve a late notice of claim; (5) necessary content of pleadings (e.g. notice of intention to file a claim, complaint, and notice of claim); (6) prerequisites regarding prior written notice of defects; (7) process for serving and filing the pleadings; and (8) determination of whom must be served with the pleadings.
When an injury or wrongful death victim fails to comply with these special rules and timing requirements, claimants can lose their right to pursue a recovery in a lawsuit. For example, a Notice of Claim must be served on the defendant (public entity) within 90-days of accrual of the claim (the incident that caused injury) or from the date of appointment of a representative of a decedent’s estate. Non-compliance can eliminate your ability to recover damages from a public entity. Because the lawyers at our New York City personal injury law firm have handled many accident claims involving public entities, we can guide injury victims past these potential traps for the unwary.
The personal injury lawyers at the Law Office of Cohen & Jaffe, LLP have the expertise and experience to handle claims for injuries to users of public transit including the following:
Bus Accidents: New York is one of the states with the highest number of bus accidents. Buses can collide with other vehicles or fixed objects. Many forms of negligence can contribute to bus crashes, including neglected maintenance; defective parts; or unqualified, unreasonably careless, or improperly trained drivers. Bus passengers can be injured during a collision, embarking or disembarking, or waiting at an unsafe bus stop.
Subway Accidents: Injuries while using the NYC subway system can occur because of many types of negligence that include but are not limited to insufficient maintenance, faulty components, sudden stops, assaults from inadequate security, slip and falls on subway platforms, improper equipment installation, subway derailment, and entrapment between automatic doors.
Train Accidents: Train accidents occur when trains collide with pedestrians, vehicles, or stationary objects. Insufficient security measures can result in travelers becoming the victim of violent crime. Some other causes of train accidents include maintenance issues, unsafe operation, and mechanical problems.
If you have been injured while using public transportation in New York City or the surrounding areas, you may be able to file a claim for personal injury. Contact an experienced Long Island injury attorney to have your claim reviewed. Be aware that there is a statute of limitations for filing a claim, so it is recommended you act quickly. Contact the Law Office of Cohen & Jaffe, LLP today for a free consultation at 516-358-6900.