Should the MTA be Required to Unlock New York Subway Doors?

NEW YORK, NY, January 08, 2011

City councilwoman Letitia James introduced a resolution that would force the MTA to unlock subway car doors.

She says it's a question of public safety. With the subway doors locked, passengers have no way to escape a situation in which they feel unsafe, like a fight in a subway car or harassment by another rider.

The city, however, believes that locked doors keep the straphangers safer. When the trains are moving, the gap between cars can be dangerously large at times. To the city, the risk involved in allowing individuals to move between cars outweighs the risk of keeping them trapped in one.

New York personal injury attorney David Perecman points out that walking between subway cars is considered a crime if the rider is not instructed to do so by the NYPD or MTA personnel and comes with a $75 fine. The MTA adds that passengers who insist on changing cars as the train is moving can be allowed to do so by the conductors who can unlock the doors electronically.

While the MTA is looking out for the safety of its riders, says The New York Post, the MTA is also "protecting itself from lawsuits." The doors were locked in 2005 to prevent subway rider injuries or fatalities that come from falling between subway cars. Rather than switching cars while it was moving, MTA officials advised riders to get off and get back on when they reach the next station.

According to the MTA New York City Transit website, most subway accidents result from slips, trips, and falls on stairways when someone is in a rush. Every year, the MTA spends between tens of millions on payouts for MTA personal injury lawsuits handled by New York personal injury attorneys.

"The MTA is looking to prevent New York personal injury cases by locking the subway doors, but at what cost to passengers?" asked Perecman, a New York personal injury attorney for over 30 years.

Passengers are able to move between cars in emergencies or when directed by an official. The MTA says that this is to protect riders against personal injuries and subway fatalities caused by falling between the cars. The law, according to the legislation?s text, was also meant to protect riders from other threats, like terrorism.

Individuals who have been injured on the NYC subway system, injured by a MTA bus, train or while in a MTA transportation facility, should consult an expert New York personal injury attorney.

About David Perecman and The Perecman Firm, PLLC:

For the past 30 years, the personal injury accident, auto accident, construction accident, and medical malpractice lawyers at The Perecman Firm, PLLC have championed all types of cases concerning personal injury. David Perecman, founder of the Firm, is a Board Director and the past Secretary and Treasurer of the New York State Trial Lawyers Association (NYSTLA) and a chair of its Labor Law Committee. Mr. Perecman's achievements have brought him recognition as an Honoree in the National Law Journal's Hall of Fame, in New York Magazine's "The Best Lawyers in America" and The New York Times Magazine "New York Super Lawyers, Metro Edition" for the years 2007-2010.

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The Firm has recovered millions of dollars for its clients. Among the more recent victories, Mr. Perecman won a $15 million verdict* for a construction accident, a $5.35 million dollar verdict** for an automobile accident, $680,000 for a woman injured by a bus***, and a $40 million dollar structured settlement for medical malpractice****.

*later settled while on appeal for $7.940 million

** later settled for $3.5 million

*** later settled for $500,000

****total potential payout

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