Q: Wearing his white sneakers, and feeling very good, my husband left a methadone clinic, entered a subway station, fell off a subway platform and was struck by a train. From the time we entered, to the time he was found motionless on the tracks, two trains had passed through. But I did not actually see him fall.
A: Your attorney will need a lot more information. On what track was he discovered? Did both trains use that track? It is virtually certain that the second train must have hit your husband. With regard to the first train, you will want to determine whether it had already passed through. Bear in mind that mere hitting is not enough: you must prove that the hitting was done with negligence.
Suppose that a transit-authority ‘incident report’ indicates that the second operator saw some white sneakers. Was this as he was entering the station? If so, your attorney will try to prove that the operator had sufficient time to engage his emergency brake. In rebuttal, the defendant may argue that the train’s headlights would not have illuminated the sneakers so early.
On the other hand, suppose that what appear to be bloodstains were discovered on cars of the first train, while none were discovered on the second. If the operator of the first train had no time to see your husband, then this is bad news. However, perhaps the apparent bloodstains were merely grape juice or rat blood.
Your attorney will hope to convince the jury that the Transit Authority was negligent and that its negligence was a proximate cause of the injuries.
By: Scott Baron,
Attorney at Law Advertorial
The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.
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