Disability Accessibility at New York City Subways
The law firm of Raphaelson & Levine Law Firm in New York has been helping many New York City transit accident victims win compensation through MTA lawsuit awards since 1992. If you or a family member have been seriously injured in a subway accident in NYC, personal injury lawyers at the firm can assist you with your claim, understand your legal rights, and identify your next steps. They are also there to guide you through the litigation process so that you do not lose too much money and are able to receive the most meaningful benefits for your injuries. You deserve compensation for your injuries caused by negligence of a public entity such as the New York City subway system.
Injuries brought about by an on-site injury in a subway station are usually the basis of an MTA lawsuit.
The standards of negligence used by the courts to determine whether a public entity is responsible for injuries are set forth in the city’s administrative rules and regulations. For instance, if the defendant is found to be in violation of the rules regulating public conduct, such as unreasonable speeding or excessive noise, then the court may order the operator to correct the violation. If the operator is unable to comply, then the case will move forward to a hearing to determine whether the breach of the public policy affected the operator’s duty of care to avoid harm or injury to the plaintiff.
When it comes to determining if an operator is in violation of its public policy, the judge will look to see what actual conduct the operators engaged in, how serious the breach was, and whether any damages resulted from that conduct.
In addition, there is a calculation of negligence that is also used to decide if the defendant is guilty. Factors considered by the courts include the existence of inadequate access to platforms, lack of safety measures, an apparent lack of knowledge of the need for proper access and other factors. The decision is also influenced by what the public believes is the cause of the problem, with Subway being fined numerous times for their poor maintenance of their subway stations. Substantial fines have been handed out in the past, but the MTA has been able to successfully defend itself from such fines and in some cases, lower costs.
Subways and other underground stations are often very narrow. It is difficult for anyone but an experienced rider to navigate through such a narrow passage.
This is not only bad news for those who use the elevators on a regular basis, but also for those who use the subway station only occasionally. These occasional riders could stand to benefit from an improved safety record for the operator of the subway station and the equipment used. If the plaintiff can show that a public entity such as the MTA was negligent when it failed to make adequate provisions for their patrons’ accessibility and use, then the court can enjoin them from further injury.
People with disabilities will have a greater advantage in this case if they can prove that their accessibility to subway stations was affected by the negligence of others. The first step would be to file a lawsuit, but if the plaintiff cannot afford to do so, they should consider hiring a lawyer. Even if the lawyers cannot represent the plaintiffs, they can provide the necessary information that is required for the lawsuit. Lawyers may need to obtain proof of disability and use of services. This information is not always easily accessible, but filing a lawsuit with a valid motive will get all the facts and documents that are required.
It is important to remember that the plaintiff will not be able to sue just any individual, even though that person may have caused injuries.
They must name the specific person responsible for causing the injuries. This brings us to our third point. Koch Industries and the other defendants in the current Subway Systems case have agreed to accommodate disabled passengers and provide wheelchair lifts on all of their New York City-area subway systems.
While it is important to note that many people who suffer from injuries caused by these accidents are not able to sue, those who can may succeed in having their lawsuits resolved.
For those people, hiring a personal injury attorney will ensure that their rights are protected. These lawyers will have the knowledge and resources to locate witnesses, medical records, and any other paperwork that are necessary to establish the legalities of the lawsuit. They will also be able to determine if the police or other officials failed to properly investigate the circumstances surrounding the accident.
The new subway stations that will soon open will have more than one entrance, each of them wheelchair accessible. However, disabled travelers should not rely only on these new stations as their way to the restaurants and other attractions in the area. Those individuals who have suffered injuries at other stations may still have additional lawsuits pending against the other party. For those people, the best strategy may be to file a complaint with the ADA, which can seek monetary damages for the injuries sustained, as well as their disability.