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Elderly Woman Hit by New York City Bus

By Paul Napoli

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

Full post as published by New York City Personal Injury Lawyer on September 28, 2009 (boomark / email).