24 The Queens Courier • may 8, 2014 for breaking news visit www.queenscourier.com Investigation continues into subway derailment BY CRISTABELLE TUMOLA @CristabelleT As transit service returned to normal this week following a subway derailment in Woodside, the MTA continues to investigate the derailment and why a section of rail at the accident site broke. A preliminary investigation has found that the broken rail that was discovered where the train derailed was manufactured in the U.S. last November and installed this March, the MTA said. “The MTA has not determined how or why the rail broke. Speed or human error do not appear to be a factor in the derailment,” agency spokesman Kevin Ortiz said. The broken rail section will be sent for testing as the investigation into the derailment’s cause continues. According to published reports, the rail section was made by a longtime supplier for the MTA, and was installed after a “hairline crack” was found at the derailment location. Rail manufactured from the same batch has been installed at other locations, and the transit agency is trying to figure out where those rail sections are and their condition, reports said. In a release, the MTA emphasized its safety record, as well as track and other maintenance efforts, and said the city’s subway system has experienced only 17 mainline derailments in the last decade. Meanwhile, another broken rail on the F express line caused a morning subway delay in Queens on May 6, according to published reports. The crack was Emergency responders help passengers evacuate after a subway derailment in Woodside on May 2. found during routine track inspections near 36th Street and was repaired within a few hours, by 7 a.m., reports said. Crews spent the past weekend removing the subway train that derailed about 10:25 a.m. on Friday, May 2, just south of the 65th and Broadway R and M local stop. By 5 a.m. Monday, E, F, M and R service, which had been affected by the accident, had returned to normal along the Queens Boulevard line. The Brooklyn-bound F train was on the Photo courtesy MTA / Patrick Cashin express track when the six center cars of the eight-car train derailed, injuring 19 and forcing about a 1,000 riders to evacuate, officials said. Of those hurt, 15 suffered minor injuries and four were taken to the hospital with potentially serious injuries. Our president, David Warshaw, CHFC®, CLU® will be speaking at the North Shore Towers Senior Health & Financial Fitness Expo on Friday, May 16th. He will be covering critical points people should know for 2014. The WealthPlan has the privilege of offering comprehensive financial planning and wealth management services to over 115 households throughout the country. Our website also has a ton of great videos and resources for you. Please call us for a free consultation in person or via webinar. 516-683-6210 www.thewealthplan.com Registered Representative offering securities through American Portfolios Financial Services, Inc. Member: FINRA, SIPC. Investment Advisor services offered through American Portfolios Advisors, Inc. An SEC Registered Investment Advisor The WealthPlan is independent of American Portfolios Financial Services Inc. and American Portfolios Advisors Inc. This material is for informational purposes only. Neither APFS nor its Representatives provide tax, legal or accounting advice. Please consult your own tax, legal or accounting professional before making any decisions. Legally Speaking By: Scott Baron, Attorney at Law REAR-ENDED BY A FIRE TRUCK Q: In the rear, my car was struck by a fire truck. It was responding to an emergency. The truck struck my car 30 seconds after the traffic signal controlling our lane changed from red to green, and while the truck was decelerating. I had been in the far left lane with the truck immediately behind me. In order to get out of the truck’s path, I attempted to move my vehicle into the center lane, but was unable to complete the lane change because of traffic ahead of me. The fire truck then struck my car on the rear driver’s side. The fireman has been telling it otherwise. He says that his truck was in the center lane and my car was cutting across from the left lane to the right lane – but was unable to completely enter the right lane before his truck struck my car. A: As a preliminary point, the City often will argue that its driver was engaged in conduct that is exempted from the rules of the road by Vehicle and Traffic Law § 1104(b). That statute permits an authorized emergency driver to (1) stop, stand or park irrespective of many other provisions of law, (2) proceed past a steady red signal, a flashing red signal or a stop sign, although only after slowing down as may be necessary for safe operation, (3) exceed the maximum speed limits so long as this does not endanger life or property and (4) disregard regulations governing directions of movement or turning in specified directions. Unfortunately for the City, the statute does not exempt the driver of an authorized emergency vehicle from the prohibition against following too closely behind you. Your attorney will argue that the driver of the fire truck was not engaged in the specific conduct exempted from the rules of the road by Section 1104(b), and, thus, the principles of odrinary negligence apply. Specifically, a driver of a vehicle approaching your vehicle from the rear is required to maintain a reasonably safe distance and rate of speed under the prevailing conditions to avoid colliding with your vehicle. A rear-end collision establishes a prima facie case of negligence on the part of the operator of the rear vehicle, thereby requiring that operator to rebut the inference of negligence by providing a non-negligent explanation for the collision. 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. Copyright © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878
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