New York City Personal Injury Lawyer - Mass Transit (Airline, Cruise Ship, Train, Bus)

Number Of Bus Drivers Texting While Driving Increases

Chrissie Cole — Mon, 09 Nov 2009 12:29:00 GMT

Actions taken against bus drivers caught talking or texting on cell phones has increased nearly 60 percent this year, according to NYC Transit.

The agency has reprimanded, suspended or fired 170 drivers for using cell phones and handheld devices while on duty through September – compared to 108 for the entire duration of 2008.

The agency suspended and tried to fire Jeremy Philhower, a bus operator for texting while driving. But, last week an arbitrator ordered him to training instead. On his first day back on the job, his bus struck and killed Seth Kahn, 22.

While he hasn’t been charged with any wrongdoing, Kahn’s family is outraged that the arbitrator allowed him to retain his job.

The agency attributes the increase in disciplinary actions against drivers to increased enforcement, including random observations of drivers.

NYC Transit and the State Public Transportation Safety Board are investigating the crash. If the agency determines the accident could have been prevented by Philhower, they could seek to fire him again.

Originally posted at InjuryBoard by Chrissie Cole

Crowded Philly Train Already Smoking When it Left Overbrook Station

Paul Napoli — Wed, 04 Nov 2009 16:03:58 GMT

November 4, 2009

The crowded Philadelphia SEPTA R5 Paoli commuter train billowed smoke and burst into flames around 7 a.m. Wednesday morning soon after leaving Overbrook Station in western Philly.

Passengers report they smelled something burning and saw smoke while the regional rail train stopped at the Overbrook Station. After loading and unloading passengers, the conductor of the four-car train pulled out of the station carrying 500 to 700 passengers on route toward the Amtrak station in Center City. Shortly after leaving the station, passengers of the first car moved to the back of the train to avoid the smoke. When the train finally came to a stop, passengers disembarked to see the first car engulfed in flames and pouring out smoke. The Fire Department responded and had the fire under control 40 minutes later.

Southeastern Pennsylvania Transportation Authority (SEPTA) spokesperson Jerri Williams said the fire was electrical in nature, starting either in a heater or traction motor and was in no way related to the current union strike.

More than 5,000 members of SEPTA's largest union went on strike early Tuesday. Transport Workers Union Local 234 walked out of negotiations with SEPTA over wage, pension and health care disputes. The SEPTA R5 Paoli commuter train was still in operation because a different union represents workers of the regional rail service.

Passengers reported no injuries, but were scrambling once again to find transportation in a transit system already crippled by the strike.

If you or a family member has been hurt while using or suffered injury by a mass transit bus or train, call Napoli Bern Ripka, LLP today at 888-529-4669. There is a possibility of collecting compensation for lost wages, medical expenses, pain and suffering, and present and future disability. Only an experienced attorney can help you determine if your claim has merit and, if so, how much you could recover. Do not discuss your case without having an experienced legal representative to advise

Originally posted at InjuryBoard by Paul Napoli

13 Injured in Manhattan Train Accident

Paul Napoli — Wed, 21 Oct 2009 18:44:14 GMT

October 21, 2009

Manhattan, NY - 13 people were injured Wednesday morning in a PATH train accident at the 33rd Street Station near Herald Square in Manhattan.

The 7:59 a.m. train out of Hoboken, NJ arrived at Penn Station about 8:15 a.m. carrying 425 to 450 passengers on the seven-car train. When the train failed to stop, it crashed into a bumping block designed to halt trains that fail to stop at the end of the line and absorb the impact.

The Port Authority of New York and New Jersey operate the PATH train. Jennifer Friedberg, a Port Authority spokesperson, said thirteen people reported minor injuries. Seven people, including two crewmembers, were taken to nearby hospitals and the rest declined medical attention. The fire department stated between 60 and 80 fire personnel responded to the accident scene.

The accident is under investigation. Port Authority officials did not release how fast the train was moving when it crashed into the bumping block or the cause of the accident.

Originally posted at InjuryBoard by Paul Napoli

Elderly Woman Hit by New York City Bus

Paul Napoli — Mon, 28 Sep 2009 23:04:25 GMT

New York - September 28, 2009

A Metropolitan Transit Authority bus hit an unidentified elderly woman last Thursday. The bus struck the woman about 11:45 a.m. at the intersection of 108th St. and Queens Blvd. in Forest Hills, fire and transit officials said.

The woman was in stable condition at Elmhurst Hospital Center after injuring her left arm and was expected to survive. There was no report of injuries among the bus passengers.

Although it appeared to be an accident, the bus driver will undergo drug and alcohol testing as is routine according to a spokesperson.

There are about 2,750 injury claims filed every year with the MTA, ranging widely in severity. The agency paid out $57.6 million on 1,187 personal-injury claims in 2008.

In 2009, New York courts have awarded several major verdicts in cases filed against the Metropolitan Transit Authority. In February, Dustin Dibble was awarded $2.3 million after a subway train ran over him in Manhattan in 2006 and he had to have his right leg amputated. Although intoxicated, a jury found that he was only 35 percent culpable because the subway operator did not stop. In March, a jury awarded James Sanders $7 million after a subway train struck him when he stumbled onto the tracks in 2002. The jury found him to be 30 percent culpable. His right leg had to be amputated and he also lost an eye. In April, a Manhattan jury awarded $27.5 million to Gloria Aguilar, 45, whose left leg had to be amputated to the hip after a New York City Transit bus ran over her in 2005. In May, Claude Williams was awarded $1.8 million because a New York City Transit bus hit him in 2003. The MTA has appealed some of these cases.

The statistics above are given only as an example. Results in your case may differ, as each case must be litigated on its own particular merits. Only an experienced attorney can help you determine if your claim has merit and, if so, how much you could recover. If you or a family member has been hurt while using or suffered injury by a mass transit bus or train, call Napoli Bern Ripka, LLP today. There is a possibility of collecting compensation for lost wages, medical expenses, pain and suffering, and present and future disability. Do not discuss your case without having an experienced legal representative to advise you.

Originally posted at InjuryBoard by Paul Napoli

Disney Stunt Performer Suffers Head Injury, Dies

Chrissie Cole — Tue, 18 Aug 2009 14:11:00 GMT

A Disney performer died on Monday night, from a head injury sustained during a stunt rehearsal.

“The performer, Anislay Varbanoy, 30, was injured while performing a tumbling roll for the Indiana Jones Epic Stunt Spectacular at Disney’s Hollywood Studios, in Orlando, Florida,” according to a Disney spokeswoman.

This is the third fatal incident to occur within two months at the park. Earlier in the month, a performer was injured in a pirate show and later died. While in July, two monorails collided killing the driver.

Security personnel at Hollywood Studios called 911 Monday evening to say a cast member had suffered a head injury during the rehearsal, the sheriff's department said. No other details were given.

An Occupational Safety and Health Administration investigator arrived in Disney World on Tuesday to begin an investigation that could take up to six months. The latest probe is being investigated separately from ongoing investigations into the two other deaths that occurred this summer.

Originally posted at InjuryBoard by Chrissie Cole

Man Struck By Long Island Rail Road Train

Chrissie Cole — Tue, 12 May 2009 23:42:00 GMT

Steven Gould, 44, of Plainview is recovering in the hospital after being struck by a Long Island Rail Road train (LIRR) in Hicksville.

The train accident occurred Tuesday morning when a New York City-bound train struck the man.

After the accident, the man was found alive on the tracks and transported to Nassau University Medical Center where he was listed in critical, but stable condition. He suffered a severed arm, according to police.

Investigators are working to determine how Gould came to be on the train tracks, said Rich Mendelson, a spokesman for the railroad.

Originally posted at InjuryBoard by Chrissie Cole

Bird Strike Incidents Made Public By FAA

Chrissie Cole — Fri, 24 Apr 2009 10:18:00 GMT

Airplane collisions with birds or other animals have more than doubled at 13 major U.S. airports in the last decade, according to a newly released information by the Federal Aviation Administration (FAA).

The FAA list of wildlife strikes, details more than 89,000 incidents since 1990, costing 11 people their lives. Most incidents were bird strikes, but deer and other animals have been hit on runways, too.

The two major airports with the most recorded bird strikes since 1990 was JFK International in New York and Sacramento International in California. Both airports sit adjacent to farmland and wetlands that attract birds.

The FAA withdrew its proposal to protect the data after determining the it will not jeopardize aviation safety.

Portions of the FAA’s Bird Strike database have been publicly available since the information was first collected in 1990, but the public will now be able to access all of the database’s fields.

Over the next few months the FAA will be make improvements to the database so the information can be easily downloaded.

Pressure to release the information came after birds took out both engines aboard US Air Flight 1549 over the Hudson River in January that resulted in a safe landing and no loss of life. #

Originally posted at InjuryBoard by Chrissie Cole

Woman Breaks Neck In Airplane Turbulence

Chrissie Cole — Mon, 20 Apr 2009 18:35:00 GMT

A South Texas woman was paralyzed this weekend when severe turbulence struck her Continental Airlines flight, according to officials.

The unidentified woman, 47, sustained a fractured neck when she was thrown against the ceiling while in the airplane restroom.

Doctors spent six hours operating on her back Saturday which left her paralyzed from the chest down. It is unclear at this time if the paralysis would be permanent, Dr. Trey Fulp, an orthopedic spine surgeon at McAllen Medical Center said.

Doctors are planning to operate on her neck today.

Two others – a passenger and crew member – were taken to a local hospital where they were treated and released.

A Continental Airlines spokeswoman said the seat belt signs were illuminated when the flight first experienced severe turbulence as the aircraft descended into McAllen.

The flight, which carried 104 passengers and five crew members, was delayed three hours because of thunderstorms.

The National Transportation Safety Board (NTSB) is investigating, officials said. #

Originally posted at InjuryBoard by Chrissie Cole

Wrongful Death Suit filed by Widow of Flight 3407

Oguz Ozdemir — Thu, 02 Apr 2009 11:26:30 GMT

The fatal air crash about four weeks ago claimed the lives of fifty people on February 12, 2009. One of those victims, Ernest W. West, was one of those fifty victims who were killed in the plane crash. West’s wife has filed a Wrongful Death suit against Colgan Air, Bombardier Aerospace, Pinnacle Airlines, and Continental. The flight left Newark Liberty airport in NY and was scheduled to fly into Buffalo International Airport at approximately 9:20am. However, things did not go as planned and the 74-passenger plane crashed close to Buffalo Airport. The claim filed by the widow states that the pilots of flight 3407 lost control of the “aircraft due to a combination of improper control of the aircraft in icing conditions, defective design of the aircraft's systems, and negligence on the part of the pilots.” This is not the only lawsuit filed on behalf of the victims of flight 3407. If you have suffered a tragic loss of a loved one please contact super lawyers at Naploi Bern Ripka, LLP. They have the experience and knowledge in Wrongful Death cases that is necessary to prove harm against the wrongdoers. Napoli Bern Ripka, LLP will be able to assess your case and determine the proper steps needed to obtain justice for you and your family. We know that wrongful death cases are extremely sensitive we at Napoli Bern Ripka have an arsenal of tools to use in these kinds of sensitive situations.

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Originally posted at InjuryBoard by Oguz Ozdemir

Suit Filed Against Operators of Flight 3407

Chrissie Cole — Fri, 27 Feb 2009 16:16:00 GMT

The family of one of the passengers on Flight 3407 that crashed into a house in Buffalo, NY, is suing the operators and Continental Airlines.

Continental Airlines, Colgan Air and Pinnacle Airliens and aircraft maker Bombardier Aerospace are all named in the suit.

The lawsuit, filed Thursday, alleges the aircraft had inadequate deicing equipment and an improperly trained flight crew. This appears to be the first lawsuit over the crash.

The suit seeks unspecified damages for the death of Susan Wehle. She was among 50 people killed in the fiery crash on February 12.

Continental Connection Flight 3407 to Buffalo from Newark, crashed into a home just miles from Buffalo’s Niagara International Airport, killing all 49 passengers and one man inside the home, Thursday night.

While ice has been mentioned as a possible cause of the crash, the investigation is still ongoing.

Originally posted at InjuryBoard by Chrissie Cole