What Happens If You Are Injured On The Crazy Train ? In today's blog
post we discuss what your rights are if you are injured while riding on
a bus, train, subway or taxi.
Bus, train, subway, and taxi operators make up a large part of the transportation
network in New York. Everyone in the South Eastern New York region has
ridden one or more of these forms of transportation and many people ride
mass transit on a daily basis. Most of the operators of these vehicles
do a great job getting their passengers to their destinations without
incident. However, there are times when people are injured in accidents
as a result of the operation of a common carrier and the public should
know what their rights are if you or someone you love has been the victim
of an operators negligence. Any common carrier has a duty to its passengers
to use reasonable care in the operation of their vehicles. What does reasonable
care mean ? Reasonable care is a phrase you will hear over and over again
when talking about tort claims, commonly referred to as negligence claims,
and it means that care which a reasonably prudent person would use under
the circumstances. The operator has to take into consideration all the
dangers and risks known or which could reasonably be anticipated to help
you, the passenger, avoid an accident and resulting injury while a passenger
in their vehicle. In other words, you have a right not to be a passenger
on a crazy train and if you are injured on it, the carrier can and should
be held liable for your pain and suffering.
Common carriers also have a duty to protect their passengers from injury
by third persons. What does this mean ? If a fight breaks out on a bus,
the bus operator has a duty to take action to ensure that the passengers
are not injured. To hold the common carrier liable for an injury by a
third person, we attorneys need to show that the carrier knew or had reason
to know that of the conduct of the third party and failed to take steps
to prevent it. Your bus driver cannot just sit by while a disorderly passenger
antagonizes someone and instigates a fight. He or she should ask the disorderly
passenger to leave the vehicle and, if necessary , call the police to
have the passenger removed.
Common carriers also have a duty to their passengers to maintain the safety
of their equipment. What does this mean ? The owner and operator of a
bus has a duty to keep the floor and seats clean and free of debris that
could cause a trip or clip and fall accident. Some people think that this
means that the floor always has to be dry and clear. Well, that just is
not possible and the operators cannot be expected to do this when there
is a snow storm in progress.
Sudden stops or jerks by an operator of a vehicle are not necessarily actions
for which a common carrier can be held liable. However, if you are injured
as a result of one of these sudden stops or jerks, we attorneys would
need to show that there was no reason for the bus, train or cab operator
to operate the vehicle in the manner that he or she operated it. Attorneys
will need to show that the vehicle was propelled forward with unusual
and unnecessary force. Your driver cannot, however, create an emergency
and then claim that they are not responsible for your injury because they
had to take action to avoid an accident.
Bus, Tran and cab drivers also have a duty to provide passengers with a
safe place to get on or off of their vehicles. In this regard, train stations
must be maintained as well. There should be safe stairways, adequate lighting,
The bus driver also cannot leave you at a place far from the curb where
the roadway is damaged or poorly lite.
Please keep in mind that In 2011, 146 people were hit by subways in New
York City and 47 of those collisions were fatal. In addition, there were
1,700 school bus accidents in New York City that resulted in 900 passenger
injuries. These type of incidents occur and they occur frequently.
If you have been involved in an accident with a bus, train, or a taxi,
please take care of your medical needs first. Once your medical condition
is stable, give us a call for a free consultation and free case evaluation
at 800.900.6204. We have over 150 years of combined litigation experience
and we know how to handle you accident case. All of us at Michael R. Varble
& Associates, P.C. hope you do not find yourself in the spot of being
a plaintiff. However, these incidents happen and if you find yourself
as the victim of someone's negligence give us a call. We'll fight for you !