MTA Subway Train Tragedy Causes Death of 20-Year-Old

A parent’s worst nightmare by far is a tragic and senseless loss of a child. Our condolences to the parents of Joseph Ancona whose son needlessly died on October 24, 2022, at 4:55 PM, while boarding a subway at Columbus Circle, in New York City.   According to press accounts, Joseph Ancona, age 20, from Westwood, NJ, tried to board the No.1 Train when his bag or backpack became stuck in the closing doors just as the train departed, dragging him onto the tracks where he was struck by a southbound train.  Joe was a well-liked stagehand at New York’s Metropolitan Opera.

Unfortunately, pedestrian deaths involving MTA trains are all too common and preventable.  The Metropolitan Transportation Authority (MTA) accounted for 169 collisions between people and trains in 2020, 63 of which resulted in death.  According to the New York Post, this year, as of August 30, 2022, almost 50 people have died on the tracks.

The MTA is investigating as well as the NYPD.  Official investigations often focus on whether or not the death was caused by a crime, such as an intentional push by a stranger, or equipment failure.  However, these investigations often do not investigate and determine the real cause of a fatality.

For example, several years back, a young man fell from a platform onto the tracks where a train ran over him causing amputations of both legs.  The MTA’s investigation denied liability, however, several attorneys at Davis, Saperstein & Salomon, PC dug deeply into the facts and discovered that the platform had a chunk of cement missing which caused a hole in the platform. The hole caught the young man’s foot, causing him to fall onto the tracks.  After years of intense litigation, attorney Samuel L. Davis, and his New York team of attorneys won a settlement of $9,000,000 for the young man. “Their self-serving theory as to the cause of my client losing his legs was just incorrect, said Davis, who further said, “after creating a studio-quality animation showing exactly how the City of New York was negligent, they accepted responsibility and paid my client his settlement.”

According to Davis, Joe Ancona was a victim of negligence likely caused by a negligent Train Conductor whose job it is to professionally operate the doors and look out for passengers in a compromised life-threatening situation.  A detailed investigation will follow, with video footage and eyewitness statements.  Once negligence is proven, the MTA should accept responsibility and compensate the family for Joseph Ancona’s loss of life, pre-impact terror, and his pain and suffering.

According to Wikipedia, the Metropolitan Transit Authority train conductors’ job description is as follows:

After the doors are opened, the conductor sticks their head out the window to observe passenger boarding and exiting. The doors stay open for at least ten seconds, and when the conductor decides to close the doors, the conductor announces a door-closing warning using a PA system on the train. When the platform is clear, the conductor closes the doors in the rear cars. When a locked-door signal is received, the conductor closes the doors in the forward section of the train. Door chimes warn passengers that the doors are closing. When all the doors are closed, the conductor removes the door key, which alerts the motorman that it is safe to proceed.

As the train departs the station, the conductor observes the platform for a distance of three car lengths. Station departure observations are made to ensure that no passenger or item is trapped between the doors and is dragged along the platform. The conductor is required to observe the forward and rear cars at least twice during these observations.

Although, no settlement will fill the void suffered by Joe’s family, however, if f an employee of the MTA is found to have been negligent, then the MTA should be held accountable.  It seems hard to believe that in this day and age that technology could not have been in place to reopen the doors or alert the conductor that there was a passenger in distress.  Until then, conductors need to be ever-vigilant to avoid human error.   South Korea seems to have an answer with the doors built into the platform.  Proving negligence and implementing change is one way to honor the memory of Joseph Ancona.

Attorney Samuel L. Davis, Esq. is the founding partner of the New Jersey and New York law firm, Davis, Saperstein & Salomon, PC located in Teaneck, NJ. Mr. Davis certified as a civil trial attorney by the Supreme Court of New Jersey.  He, together with his team of NY attorneys have successfully litigated and won cases against the MTA and some of the largest corporations and institutions in America.  Sam Davis can be reached at (201) 907-5000 or by filling out our online contact form.

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Penalties for Failing to Keep Right on New Jersey Highways

New Jersey and other states have laws requiring drivers to keep right unless they are passing. These laws are designed to keep the extreme left lane free from “left lane hogs” because they create dangerous situations for other motorists.

Under NJ Rev Stat § 39:4-82, drivers in New Jersey must drive in the right lane unless they are passing another vehicle or turning left.

When a car blocks the left lane, it increases both danger and traffic congestion. Slow drivers encourage other cars to tailgate, which causes a line of drivers traveling too close to one another. Driving too slowly can be as dangerous as driving too fast. In recognition of these dangers, the New Jersey Assembly imposes stiff penalties for drivers who fail to keep right.

Under NJ Rev Stat § 39:4-88.1, failing to keep right can result in a fine of between $100 and $300. This represents an increase in the former penalties and was designed by New Jersey lawmakers to educate the public and create safer driving habits in the state. As an added tool to educate the public, an additional surcharge of $50 is being added to all tickets for failure to keep right. That money goes into a fund to install and maintain road signs educating the public about keeping to the right as the danger and consequences of blocking traffic on major highways like the New Jersey Turnpike or Garden State Parkway. Additionally, the offense will result in two points added to their driver’s abstract and record.

Another part of the failure to keep right law is aimed at truck drivers. Trucks over 5 tons on a divided highway face an increased penalty for driving in the left lane. Trucks may only use the left lane to enter or exit a roadway unless there is an emergency, or they are within one mile of making a left turn. “Trucks, busses, and commercial vehicles driving in the left-hand lane cause traffic to move slowly and can force other drivers into dangerous situations. It is important for large rigs, busses, and tractor-trailers to stay to the right,” says New Jersey truck accident lawyer Marc Saperstein. “I know from my experience the tragic consequences of tractor trailers speeding in the left lane. Often their negligence or their carelessness can cause the wrongful death or serious injuries to other innocent drivers.”

It is unfortunate that many drivers and their passengers are unnecessarily injured by interstate truckers every year in accidents caused by drivers passing on the right or swerving through lanes. Many of those injured people are our guests from out of state lawfully driving on New Jersey and New York’s interstate highways such as I95, Route I80, 287, or Route 78.

The personal injury lawyers of Davis, Saperstein, and Salomon, P.C., help persons injured in car and truck accidents in New Jersey and New York. They have years of experience handling traffic accident wrongful death cases, and they work hard to get accident victims and their families the compensation they deserve. With over 35 years of experience representing people injured in truck accidents, Marc Saperstein understands the complex legal issues involved in these cases. As an accident injury lawyer who concentrates his practice in New York and New Jersey, Marc Saperstein handles many trucking accident cases.

At our New Jersey personal injury law firm, we have over 30 attorneys. Since 1981, the dedicated attorneys of our firm have obtained over $740 million in verdicts and settlements and helped thousands of families achieve justice. Contact Davis, Saperstein & Salomon, P.C. to receive a free review of your case and an explanation of your legal options.

This post was originally published in August 2013 and has been updated for accuracy and comprehensiveness in October 2022.

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Car Crash Detection: A Newly-Released Apple Feature That May Save Lives

On September 16, 2022, Apple released the Apple Watch SE 2nd-gen, Apple Watch Series 8, iPhone 14, and iPhone 14 Pro. On September 22, Apple released an entirely new watch model, called the Apple Watch Ultra. All five items are equipped with car crash detection technology, modeled after the pre-existing fall detection feature.

How does it work? The newly released technology has a microphone, an accelerometer, and a barometer, which work together to determine if their owner has been involved in an accident. The microphone detects noise from the impact, the accelerometer senses sudden deceleration, and the barometer tracks shifts in pressures that could be caused by an airbag deploying. The technology records motion 3,000 times per second, so it can determine the exact time of impact. Apple reports that its algorithm analyzed millions of hours of crash data to produce this highly accurate feature, which can differentiate between an actual accident and other impacts.

What happens If the Watch or iPhone Detects a Crash?

When the device detects a crash, it will sound an alarm and display a notification, reading aloud “It looks like you’ve been in a crash”, and will give the option to either call emergency services or to cancel the call. Your device will then begin a twenty second countdown and will automatically call if the countdown finishes and you do not cancel. After calling, your device will play a looped audio recording to the operator every five seconds. The recording becomes softer after the first loop so that the operator can provide information. The device also sends the operator approximate latitude and longitude coordinates as well as a recommendation for a search radius.

Popular YouTuber TechRax released a video testing this new feature on the iPhone 14 Pro. He and his team twice crashed their car into a stationary vehicle, in what would be a fender bender. They found both attempts to be successful–even when they were traveling slowly and created a small impact, the iPhone 14 Pro, which was strapped to the headrest, was able to detect the crash. While this evidence does not demonstrate how the technology may work in a non-controlled, real-world environment, it does show its potential to save lives.

The National Highway Traffic Safety Administration projects that approximately 42,915 people died in a motor vehicle accident (MVA) in 2021, which is a 10.5% increase from 2020. It is also the highest number of MVA fatalities since 2005.

As injury lawyers we applaud Apple’s socially responsible act of including this life saving technology in its newest products. Joining the list of airbags, crumble zones, safety glass, seat belts and head restraints, this “collision occurrence system” is truly a feature none of us ever want to use. Too often corporations are criticized for being reckless and irresponsible in name of profits and dividends to their shareholders.  But hats off to companies like Tesla whose collision avoidance system avoids crashes, and Apple who protects people when the unthinkable occurs. Apple’s creation and implementation of this technology may significantly decrease the number of lives lost in car wrecks.  Religious texts, including the Talmud and Quran all suggest, “Whoever saves a single life is considered by scripture to have saved the whole world.”  Both products have saved countless lives even before these technologies. One should not be surprised why Apple and Tesla sales have skyrocketed to the top.

You don’t need an MBA degree to figure out that if you do right for consumers, all the blessings will follow.  I learned this lesson as a law student clerking for an Ohio lawyer named Paul Christoff who gave me the best career advice. He said, “Garry, if you do right for your clients, all the other good things will follow.” He was right. I followed Paul’s advice and so has my law firm of 100 people.

Apple, Elon and Paul, thank you for caring.

Garry R. Salomon, is a founding member and managing director of the New Jersey and New York personal injury law firm Davis, Saperstein & Salomon, P.C.  He is also certified by the Supreme Court of New Jersey as a Civil Trial Attorney and has authored a book entitled “The Consumer’s Guide to New Jersey Personal Injury Claims.”  He is a member of the New Jersey Association for Justice and the American Association for Justice and has been awarded the highest rating AV Preeminent by Martindale-Hubbell Peer Review Ratings.

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The British Legal System and Its Influence on the United States

Queen Elizabeth II’s death has given focus to the rich traditions of the British monarchy. These traditions date back to 1066 and perhaps even earlier. The British throne has influenced dozens of nations around the world that are part of its commonwealth. Although the United States is not part of the British Commonwealth, many of our customs and practices relate back to England.  Apart from English being the official language of the United States, our legal system is fashioned after the British legal system.  In fact, many of the fundamental principles of injury law, or “Tort Law”, come to us directly from England. Originally, it was the British Monarch that stood at the top of the legal system, and the King or Queen controlled the appointment of the Judges. Today, the appointment process involves the Lord Chancellor, an independent selection commission, senior politicians, current judges, and many more parties. Clearly, the process has developed to be much more democratic.

Because Britain has no codified constitution, its rule of law is founded in statute law and common law. Statute law is created by Britain’s legislative bodies or Parliament, while common law is founded on judicial decisions.  The principle of stare decisis, which is Latin for “to stand by things decided”, is a key aspect of Britain’s common law. Stare decisis applies when two cases have similar fact patterns that should lead to the same ruling. Stare decisis encompasses vertical stare decisis–which means lower courts should abide by the decisions of higher courts–and horizontal stare decisis, which means all courts should adhere to their own previous rulings. This principle ensures uniformity and makes a common law more consistent.  Following suit, the United States has its own common law and asks its courts to adhere to stare decisis.

What Impact Did the English Common Law Have on the United States?

American jury trials are also fashioned after British jury trials. While the names may differ, our jury trials share several key elements, such as a presiding judge, prosecutor, defense counsel, witnesses, and a court stenographer. Like the British Commonwealth, the United States only requires that an individual be granted a jury trial if they may be faced with a punishment of over six months imprisonment. Britain’s Human Rights Act of 1998 defines the rights and freedoms that afforded to defendants. Article 6, Section 2, states that “Everyone charged with a criminal offense shall be presumed innocent until proved guilty according to law”. Sound familiar? The United States’ criminal justice system is founded on the presumption of innocence, and guilt must be proven beyond a reasonable doubt for an individual to be convicted. The United States has incorporated Britain’s version of ‘innocent until proven guilty’, and it forms the basis of our system today. For civil trials, the United States and Britain also have the same evidentiary standard, which is preponderance of the evidence. Preponderance of evidence is a much lower burden of proof than beyond a reasonable doubt, the criminal standard, which means that the fact in dispute is more likely than not to have occurred.

The British legal system has influenced the United States’ tort system beyond the evidentiary standard. One example is a citizen’s ability to sue a public entity. Even today’s restrictions limiting the right to sue the State of New Jersey, a county, city or any public entity for that matter, date back to prohibitions against suing the sovereign or the King. In today’s context, in New Jersey one cannot sue the “sovereign” state without its permission. New Jersey’s Tort Claims Act, known as Title 59, lays out the preconditions to suing a public entity, such as a governmental entity (and even New Jersey Transit!). The preconditions include:

1. Written notice must be given within 90 days with few exceptions on a special form.
2. Medical bills must exceed $3,600
3. Injuries must be of a permanent nature.

After such notice, a person must wait six months to file suit.

Our legal system may not be perfect, but it’s the best legal system in the world. Today, there are over 1.1 million members of the bar and 30,000 judges in the US. The legal system employs almost 1.2 million people, not including law enforcement and administrative agencies. We owe the Brits our gratitude and appreciation for the historical ties that built much of our legal system.

About the Author

Garry Salomon is a founding partner of Davis, Saperstein & Salomon, P.C. and serves as the managing partner. He is Certified by the Supreme Court of New Jersey as a Civil Trial Attorney, an honor held by less than 2% of attorneys. Garry Salomon’s main areas of concentration include all areas of personal injury law. He is also the author of the book “The Consumer’s Guide to New Jersey Personal Injury Claims.” To receive a free copy, please email community@dsslaw.com or fill out our online form.

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