Subway 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.