New Yorkers were shocked yesterday by what seemed like a scene out of a movie: This news comes the same week that a for not breathalyzing drivers near the time of an accident, a problem which oversight committee reports have identified several times since 1999.
The good news is that while eight people were injured, there were no deaths. According to interim president for NYC transit authority Sarah Feinberg, there was a breathalyzer test administered on the scene. However, a second FTA/MTA mandated drug and alcohol test was refused at the hospital.
What we know is the bus was going too fast to safely make the turn. According to Chief Safety Officer Pat Warren, the appropriate speed for the turn should be 3-4 miles per hour, but GPS tracking information suggests the bus was traveling between 17-26 miles per hour.
New Yorkers rely on public transportation to get around the city. This accident took place at 11 p.m. It’s scary to think about what may have happened if it took place during peak travel hours. It also left me wanting to share information about what you can do if injured while on public transportation.
In New York, we have even more good news for protecting your rights: while most states have sovereign immunity, which protects governmental agencies from being sued, New York has waived most types of this protection. That means the MTA can be held liable for personal injury lawsuits. Examples of the types of negligence that qualify are:
- Operator error
- Operator under the influence
- Equipment failure
- Poor training
- Poor station maintenance
- Signal failure
- Poor construction safety measures
With the reports of MTA’s failure to properly change a systemic problem, the proper administration of breathalyzer tests, it’s possible negligence is involved. We won’t know until the investigation is complete.
If you’re involved in a public transportation accident, the most important thing to keep in mind is protecting your health and interests. Take photos at the scene and see a doctor as soon as possible. Contact an attorney when you need to make a report or need medical treatment. We’re located in the Bronx and we’re happy to help.
