Manhattan Jury Awards over $3 Million to Subway Accident Victim

A New York City personal injury law firm has obtained a $3,594,943 verdict on behalf of a man who suffered an amputation to his lower right leg after being run over by a subway train.

Andrew J. Smiley, Esq., attorney to the victim and partner at Smiley & Smiley, LLP, claimed the New York City Transit Authority was negligent, proving that the train operator saw a "mass" on the tracks from more than 180 ft. away. 

"A subway train operator is obligated to stop a subway train before it strikes a large object on the tracks, even if it is not known that the object is actually an intoxicated person," said Smiley.

The victim had been drinking with friends when he entered the 14th Street - Union Square subway station around 1:50 a.m.  The victim remembers entering the subway station, but does not remember any of the events that occurred after that, including how he ended up on the subway tracks. Blood tests taken at the hospital revealed the victim had a blood alcohol concentration of .18%.

The Transit Authority claimed the victim was solely at fault for the accident by putting himself in a dangerous position on the tracks. The Transit Authority also claimed the train operator didn't have time to stop the train.

A Manhattan jury found the NYC Transit Authority negligent, an apportioned 35% of the fault to the victim. The $3,594,943 was awarded to compensate the victim for his pain and suffering and medical expenses.

For more information about subway accidents, click here to find a personal injury lawyer.