New York City Subway Accidents
Subway Accident Breakdown: The Metropolitan Transportation Authority and New York City Transit Authority
The Metropolitan Transportation Authority (MTA) is responsible for developing transportation policies throughout New York. The MTA is an administrative agency. The New York City Transit Authority is the agency that operates public transportation in New York City, including the subways. Almost always, the NYCYA, and not the MTA, is the proper agency to sue during a subway accident.
Finally, the Empire City Subway is responsible for maintaining underground conduits in Manhattan and Bronx County.
New York City Subway Accident Liability
Subway accidents involve slip and falls in subway stations, assaults in subway stations, and hits by trains.
When dealing with victims who have been hit by trains, the courts look to see if the accident could have been avoided based on estimated stopping distances that include purported average reaction time. A New York City subway operator may be found negligent “if he or she sees a person on the tracks from a distance” and has time, within her reasonable care, to stop before striking the person.”
For a slip and fall accident, the City or owner of the railroad station must show that it neither created nor had actual or constructive notice of the reason that caused the victim to fall. This means that there must be enough time for an employee to discovery and correct the dangerous condition. If a puddle or ice is visible and apparent, and a subway employee can see it, then they must correct the issue before someone is hurt.