Without question, the New York City mass transit system is the largest in America. Daily, tens of thousands of people use trains, buses or the subway to get in, around and out of New York's major metropolitan areas. In addition to those who use public transportation to go to work, school or home, countless others bike or walk.
On most days, pedestrians and public transportation vehicles coexist without incident. However, when a person is assaulted by a massive bus or a train, he or she has little protection or defense. Alfreda Kusz, a 59-year-old housekeeper, can attest to this fact.
In 2009, Kusz was on her way to work when she came to the intersection of 23rd Street and Jackson Avenue in the Long Island City section of Queens. As a responsible pedestrian, she waited for the walk signal before continuing to her destination. Stepping into the crosswalk, she was struck by a Metropolitan Transportation Authority (MTA) bus. Suffering significant injuries, Kusz was transported to the hospital where her right arm and her right leg were amputated. Later, her retina detached causing blindness of that eye.
Ultimately, a jury in Queens Supreme Court awarded Kusz $20 million for her injuries after finding the MTA liable.
This case is reminiscent of a past wrongful death lawsuit tried by a different New York attorney, Dallin Fuchs, a partner at New York City based Queller, Fisher, Washor, Fuchs & Kool, LLP. In that particular case, a 30-year-old mother of two was struck and killed by a New York City bus while walking across Kissena Boulevard in Queens. The homemaker was hit by the bus and dragged 340 feet; she died at the scene. Following the trial, the jury awarded the decedent's family $5.05 million - including $2.4 million for each child.
Holding the MTA Accountable for Negligence
When tragedies of this nature occur, the injured party may have the right to pursue monetary damages from the negligent person or party that caused the accident. However, if the injury is caused by an MTA bus, or other vehicles owned or operated by a municipality, the injured party may need to follow specific procedures within a specified time frame or he or she loses the right to seek compensation for the injury in New York.
For example, a victim injured by the MTA must service timely notice of their claim on the MTA within 90 days of the accident or risk losing their claim. These additional pleading requirements only further the need to consult with an experienced personal injury attorney in New York if you have been injured by the MTA, or other transit authority.
