Getting a Recovery for Subway Accidents; a Botched Rescue Attempt by NYCTA


Today The Daily News had a story of a man who was horribly injured due to a failed rescue attempt by New York City Transit Authority. 

We have handled many cases against NYCTA.  If you have been injured by a subway train, please call me at 800-581-1434.

The man fell onto the subway  tracks at the 137th Street Station near City College.  Apparently, he either had a seizure or a fainting spell or a heart attack.   Witnesses ran up to the token booth and told the clerk to get help and to shut-down the power to prevent a train from coming into the station.  The token clerk said that she did.  Witnesses said that they saw her make the call and that she assured the good Samaritans that the power was off.  However, two minutes later to the horror of the onlookers a train came into the station and ran-over the helpless man.  The witnesses tried to wave-off  or warn the oncoming train to no avail.  The man is clinging to his life.

There will be an investigation as to whether the NYCTA took adequate steps to prevent the accident.  For example,

  • Could the token clerk have tripped a “red” light to prevent the train’s entry into the station?
  • Could the token clerk have activated a switch to de-power the station and the entry?
  • Did the token clerk call the proper parties?
  • Did the token clerk do everything possible, and does the fault lies with the NYCTA on the other side of the line?
  • In view of time, distance, and sightlines, could the subway motorman have seen the man and have prevented the run-over?

This type of catastrophic accident requires  investigation early in time as well as the retention of a subway engineering expert.

We have used a leading subway engineering expert in our various cases against NYCTA.  If you have been injured in the subway, please call me at 800-581-1434.

Mark E. Seitelman, 1/14/09, www.seitelman.com.

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