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Recovering Compensation Following a New York Mass Transit Accident

Recovering Compensation Following a New York Mass Transit Accident

The MTA serves countless New Yorkers daily and is regarded as a highly dependable, safe method of transportation. If you live in the City, you most likely rely on the MTA to get you from place to place. However, since the MTA is the largest transportation network in the country, it’s only natural that accidents sometimes occur. If you have been involved in a train or bus accident, there is a strong chance the injuries you’ve sustained are severe. Here are some of the questions you may have:

What are the most common causes of bus accident injuries?

While buses generally proceed with caution, obeying the rules of the road, there are times where a bus driver is negligent and causes an accident. Some of the main causes of bus accident injuries–whether due to motorist negligence or not–are as follows:

  • Driving under the influence of drugs or alcohol
  • Texting while driving
  • Driving while fatigued
  • Bus fires
  • Large blind spots
  • Poor weather conditions
  • Negligent road design
  • Sudden stops and starts
  • Improperly discharging passengers on unsafe or poorly maintained roadways
  • A lack of seatbelts or fire extinguishers
  • Defective escape windows or hatches
  • Failing to comply with traffic signs and lights
  • Ignoring other rules of the road

What are the most common causes of train accidents?

Trains, though not as dangerous as buses, still pose potential safety risks. Train accident injuries, as you can imagine, are usually quite severe. Some causes of train accidents have nothing to do with driver negligence, such as worn down rails, broken welds, cracks around bolt holes, or dysfunctional switches. Unfortunately, the most common cause of train accidents is driver negligence. Here are some examples of negligent driving behavior:

  • Railroad employees falling asleep
  • Improper alignment of railroad switches
  • Reckless conductors
  • Excessive speed
  • Failing to comply with orders
  • Railroad employees operating under the influence of drugs or alcohol
  • Failing to secure or release hand brakes
  • Crew members receiving improper instructions

What is a Notice of Claim?

If you have been injured due to another party’s negligence, there is a good chance you are entitled to financial compensation. However, you must first satisfy the burden of proof. You may do so by hiring an attorney, recovering photographic or video evidence, obtaining witness testimony, and requesting medical documentation detailing the extent of your injuries. In New York State, if you plan on filing a lawsuit against the MTA, you must first file a Notice of Claim within 90 days of the accident. From there, you have 1 year and 90 days from the accident to file your lawsuit. 

Contact our Westchester County firm

Hausman & Pendzick effectively represent victims of neglect in Westchester County and across the state of New York. If you need a knowledgeable and skilled personal injury attorney to help you recover compensation after an accident, contact Hausman & Pendzick today.

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