Subway trains at the Spring Street station twice struck passengers lying on the tracks on separate occasions. How fast should subway trains be moving when they enter a station? The faster the subway trains go, the more people the trains can carry and the quicker people will get to their destinations. Even a slowdown of a few seconds per train can slow the entire system. Speed is so important to the mission of the Transit Authority that the Transit Authority has committed billions of dollars to upgrades which will allow for increases in train speed and carrying capacity. On the other hand, safety is also a paramount priority, and as speeds increase so do stopping distances. (more…)

Credit: CityLaw
Bike riding is enjoyable, healthy and fun. It can also be dangerous. The City is heavily invested in encouraging bike riding and bike safety. Yet, accidents happen, and when they do bike riders may opt to sue. Bike riders receive no special status as tort plaintiffs. Bike riders in court live by the same rules that govern tort claims by pedestrians and car drivers. As New York courts have repeatedly stated, a “bicyclist is required to use reasonable care for his or her own safety, to keep a reasonably vigilant lookout for vehicles, and to avoid placing himself or herself in a dangerous position.” (more…)
Early tort law was heavily weighted towards injuries that involved train accidents. Here in the New York City metropolitan region with its huge dependence on rail transport, the older typical nineteenth century tort claims and defenses continue for injuries caused by subways, commuter lines and train equipment.
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St. Nicholas Avenue between 124th Street and 125th Street. Image credit: Google Maps.
Police officers were injured when their car struck a pothole that had been repaired by the City. On September 7, 2011, at about 12:40 a.m., while on patrol, two New York City police officers sustained personal injuries when their vehicle’s tire fell into a roadway hole located in the northbound lane of Saint Nicholas Avenue between 124th Street and 125th Street. (more…)