Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Tagged with New York Subway Accident

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subway accident fire nycAnother subway accident occurred on Monday morning in New York. This time, 30 feet of train track trash caught fire in a tunnel between 145th street and 133rd street in Harlem. Hundreds of panicked passengers were stuck in trains as a smoky blaze developed in the tunnel. Thousands more passengers, most of them on their way to work, were stuck waiting in overcrowded sweltering subway stations.

The fire was reported this morning at 7:18 am by a subway conductor. Trains were stopped and an order was given to the subway conductor to stop the AC to prevent the smoke from being sucked into the cars by the AC system. The service was finally restored at 9:34 am. 9 passengers had to be transported to the hospital for minor injuries related to heat and smoke.

MTA Chairman and CEO Joe Lotha apologized and said the he would increase the effort in Operation Track Sweep. This operation includes 500 employees who are supposed to maintain the tracks clear from garbage.

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subway-derailmentA subway derailed in New York yesterday. According to the FDNY at least 34 people were injured in the accident. 17 of them were transported to the hospital to be treated for minor injuries. A baby and her asthmatic mother as well as other passengers suffered from smoke inhalation. The derailment occurred on the A train between 125th and 135th street shortly before 10:00 am. The train careened off the tracks and scraped the sides of the tunnel wall. In one of the cars a door was ripped open. The track division chairman for the Transport Workers Union, Paul Navarro, said the train “was peeled open like a can opener” According to passengers, the train started to shake violently and the lights started to flicker before the whole train was plunged into darkness and smoke. Passengers started to panic. Some used their shirts as a mask to protect themselves from inhaling the heavy smoke. They remained in darkness and in the smoke for at least 10 minutes until the conductor spoke over the intercom to announce that the train had derailed and that emergency responders were coming through the cars. Some straphangers were evacuated trough the tunnel and others through the train onto the 125th street platform.

According to preliminary investigation by the MTA, the subway derailment was caused by human error. A loose piece of rail was left on the tracks the night before by workers who were doing repair on the A line.

New Yorker’s have been used to getting delayed or stuck in subway cars countless times because of the aging subway  system but they never feared that they were in danger while riding the train. Recently passengers on the F train were stuck in a car without AC and without lights for nearly 3 hours.  However this accident is causing New Yorker’s to wonder how safe it is to ride the subway. Read more in the New York Times 

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NYC transit servicesSubway accidents and bus accidents in NYC are difficult to avoid.  As millions of people are using the subways and buses in NYC every year, accidents happen. People are getting hurt, sometimes badly. Sometimes they die. Some accidents are caused by the negligence of the MTA New York City Transit. Over the last 5 years, the agency settled or adjudicated 4,592 negligence cases for a total of $431 million.  88 cases were settled for more than $1 million. A case was settled last year for $9 million. The victim was 19 year old Ali Muir, a pre-med student. Muir tripped in a hole on a subway platform. He fell on the tracks and was hit by a subway.Both of Muir’s  legs were amputated from the knees.  It took 6 years for his case to settle. Many NYC subway platforms have unfixed hazards that can cause dangerous slip and falls.

Any personal injury lawyer in the city knows that NYC transit cases are not easy cases. 49 tort attorneys are working full time for the agency, aggressively fighting every case. The agency is taking the time it needs to fight cases  because it only has to pay a 3% post judgment interest rate. Other agencies and litigants have to pay a   9% post  judgment interest rate on the money awarded at trial to victims. The 3% interest rate is an incentive for the NYC transit to take the time it needs post judgment to take lengthy Appeals of adverse judgments in cases.

Cases take so long to be settled that sometimes victims have to borrow money to pay for their medical bills or for their living. This  happened to 36 year old Pilar Ortiz. She suffered serious leg injuries after being struck by a MTA Bus while riding her bicycle. Ortiz had to undergo 20- surgeries to save her legs.  She was represented by two of our attorneys: Ben Rubinowitz and Peter Saghir. Rubinowitz and Saghir successfully fought the NYC transit agency who was blaming the victim for the accident. The case went to trial. Rubinowitz and Saghir were able to prove to the jury that MTA investigators were lying. Ortiz won the case after a 6 year battle.

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Kew_GardensA commuter was killed after being dragged by a New York City Subway. The accident happened yesterday night at the Union Turnpike-Kew Gardens in Queens, NYC around 6:45 pm. The man was boarding the southbound F train when he got caught between the doors. The train then took off, dragging the man along the platform.  He was transported to the hospital where he later died. The New York Post reported the man may have been intoxicated. The police are investigating.

Door holding is something that New York Subway riders are practicing everyday but in this case a part of the man’s clothes apparently got caught in the closed doors and the engineer may have in fact received a signal that the doors were closed.

Picture: the subway station where the accident happened, source Wikipedia

 

 

 

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A man was fatally struck by a subway after he fell on the track in the Bronx, NYC, last week. The victim was hit by the southbound 6 train at the St. Lawrence Ave. station about 6:15 a.m., officials said. The police are still investigating the cause of the accident.

Read more in the NY Daily News

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drill%20bit.jpgA contractor who was supposed to expand a construction well as part of the MTA East Side Access project used a massive drill bit at the wrong location and pierced a F train tunnel at the same time as the train was passing by. The drill bit cut the top and the side of the train triggering the train’s emergency brakes. It’s a miracle that nobody was injured.

The MTA East Side Access Project is a mega construction project from the MTA to bring Long Island Rail Road trainsto Grand Central Station. The contractor has been identified as Griffin Dewatering New England Inc.

The accident happened near the 21st St subway station In Long Island City, Queens, NYC.