Rikers Island Unsafe Transportation Lawyer

People detained at Rikers Island rely entirely on the New York City Department of Correction to transport them safely between housing units, medical clinics, hospitals, courthouses, and other correctional facilities. They cannot choose when they travel, who transports them, or whether the vehicle is operated safely.

When correction officers or other personnel fail to follow appropriate transportation procedures, detainees can suffer serious injuries that may have been prevented. In some situations, these unsafe transportation practices may also constitute Rikers Island abuse when detainees are unnecessarily exposed to preventable harm. If you or a loved one was injured because of unsafe transportation practices, contact an experienced Rikers Island unsafe transportation lawyer at Stephen Bilkis & Associates for a free consultation.

Stephen Bilkis founded Stephen Bilkis & Associates with a commitment to helping injured individuals pursue justice. The firm’s work has earned recognition through selection to Super Lawyers, an Excellent rating from Avvo, recognition as a Justia Top-Rated Lawyer, honors from Expertise.com, and recognition by TopLawyer.com.

What Unsafe Transportation Practices Can Put Detainees at Risk?

The New York City Department of Correction is responsible for transporting people detained at Rikers Island. Correction officers regularly transport detainees by bus, van, or other Department of Correction vehicles to court appearances, medical appointments, hospitals, and other correctional facilities. If someone experiences a medical emergency, Emergency Medical Services (EMS) may transport them to a hospital instead.

Every trip requires planning and coordination. Officers must safely load and unload detainees, use appropriate restraints, account for medical needs, operate vehicles safely, and respond appropriately if an emergency arises during transportation. A breakdown at any point in that process can place detainees at unnecessary risk.

Examples of unsafe transportation practices may include:

• Speeding or otherwise driving recklessly
• Failing to safely load or unload detainees from transportation vehicles
• Failing to properly maintain vehicles
• Failing to properly secure wheelchairs or other mobility devices.
• Transporting detainees without taking their known medical conditions into account
• Taking too long to transport someone to a hospital when they need emergency medical care
• Missing or delaying transportation to outside medical appointments
• Using restraints in a way that increases the risk of injury during transportation
• Failing to respond appropriately if someone has a medical emergency during transportation
• Failing to protect detainees from being assaulted by other detainees during transportation

Transportation can also expose detainees to violence if appropriate safety measures are not followed. In Arroyo v. City of New York, Bronx Supreme Court, Case No. 16241/95 (2005), a jury awarded $600,000 to a detainee who was attacked by other detainees while being transported from court to Rikers Island. The plaintiff alleged that correction staff failed to properly search detainees, separate individuals who posed a known risk, and intervene during the assault.

Transportation accidents do not automatically result in legal liability. However, if someone is injured because correction staff failed to use reasonable care or follow appropriate safety procedures, the injured person may have the right to pursue a claim under New York law or, in some circumstances, federal civil rights law.

Who May Be Responsible for Transportation Injuries?

When clients contact us after being injured in a transportation accident at Rikers Island, we carefully review the facts to identify everyone who may be responsible. Depending on what happened, responsibility may rest with one person or several different individuals or entities. In other cases, several people or entities may share responsibility. Identifying each responsible party is an important part of building a claim.

Potentially responsible parties may include:

• New York City Department of Correction. The Department of Correction is responsible for transporting people detained at Rikers Island. If unsafe transportation policies, poor training, or other failures by the Department contributed to an injury, the City may be held responsible. 
• Correction officers. During each trip, correction officers are responsible for carrying out those transportation duties safely. This may include properly securing detainees, responding to medical emergencies, using appropriate restraints, and following established safety procedures. If an officer’s actions or inaction caused an injury, they may also be held responsible. 
• Transportation supervisors. Supervisors are responsible for making sure transportation is carried out safely and that officers follow the proper procedures. If poor supervision contributes to an injury, it may become part of a legal claim. 
• Driver. Whoever is driving the bus, van, or other transportation vehicle is expected to drive safely. Speeding, distracted driving, or other careless driving can cause serious injuries. 
• Medical staff. Medical staff may be responsible if they fail to arrange transportation for someone who needs emergency medical care or if unnecessary delays make a medical condition worse. 
• Company responsible for maintenance. Department of Correction vehicles should be regularly inspected and kept in safe working condition. If poor maintenance or a mechanical problem caused the accident, the entity or contractor responsible for maintaining the vehicle may also be held responsible. 
• Another driver. Sometimes a transportation accident is caused by someone outside the Department of Correction. If another driver’s careless actions caused or contributed to the crash, that driver may also be responsible for the injuries.

In some transportation accidents, responsibility is relatively clear. In others, determining who is responsible requires reviewing incident reports, transportation records, witness statements, medical records, and other available evidence. An experienced Rikers Island unsafe transportation lawyer can investigate the circumstances, identify everyone who may be legally responsible, and pursue claims against each responsible party.

What Injuries Can Unsafe Transportation Practices Cause?

Every transportation accident is different, and so are the injuries it can cause. Some people recover after a few days, while others are left with injuries that require surgery, months of rehabilitation, or lifelong medical care. The type and severity of the injuries often depend on how the accident happened and how quickly medical treatment was provided afterward.

Transportation-related injuries may include:

• Head and brain injuries. Sudden stops, collisions, or falls while boarding or exiting a vehicle may result in concussions, traumatic brain injuries, facial injuries, or loss of consciousness.
• Neck and back injuries. Whiplash, herniated discs, spinal injuries, muscle strains, and chronic back pain may develop after a transportation accident.
• Broken bones. Falls, vehicle collisions, or being thrown against hard surfaces inside a transport vehicle can cause fractures involving the arms, legs, ribs, wrists, ankles, or other bones.
• Shoulder, knee, and joint injuries. Abrupt vehicle movements or falls may lead to torn ligaments, dislocations, rotator cuff injuries, meniscus tears, or other joint damage.
• Cuts and lacerations. Broken glass, metal surfaces, restraints, or impacts inside a transport vehicle may result in cuts that require stitches and may leave permanent scars.
• Worsening of existing medical conditions. Unsafe transportation may aggravate recent surgical injuries, spinal conditions, chronic pain disorders, or other health problems that require careful handling during transport.
• Psychological injuries. A serious transportation incident may contribute to anxiety, depression, post-traumatic stress disorder (PTSD), or fear associated with future transportation.

Even injuries that seem minor at first can become more serious over time, especially if medical treatment is delayed or the person continues to experience pain after the accident. An experienced Rikers Island unsafe transportation lawyer can review your injuries, explain how they may affect your claim, and help you pursue compensation for the harm you have suffered.

What Rights Do Detainees Have During Transportation?

People detained at Rikers Island do not lose their constitutional rights simply because they are in custody. Because most people held at Rikers Island are awaiting trial rather than serving a criminal sentence, their rights arise primarily under the Fourteenth Amendment’s Due Process Clause. Although correction officers may use restraints and other security measures when necessary, they are still expected to take reasonable steps to protect detainees from preventable harm during transportation.

What those responsibilities require depends on the circumstances. In general, correction staff should take reasonable measures to reduce unnecessary risks and respond appropriately if a safety or medical issue arises. Depending on the situation, this may include:

• Operating transportation vehicles safely. Correction officers and other drivers should operate buses, vans, and other transportation vehicles in a reasonably safe manner to reduce the risk of preventable accidents. 
• Maintaining transportation vehicles. Vehicles used to transport detainees should be properly inspected and maintained so that mechanical problems do not create unnecessary dangers. 
• Taking medical conditions into account. Detainees with known medical conditions, injuries, or physical disabilities may require additional assistance or precautions during transportation. 
• Responding to medical emergencies. If someone experiences a medical emergency while being transported, correction staff should respond appropriately and obtain emergency medical care when necessary. 
• Protecting detainees from violence. Correction staff should take reasonable steps to protect detainees from foreseeable assaults or other violence during transportation. 
• Providing timely transportation for medical care. When a detainee needs emergency treatment or a scheduled outside medical appointment, unnecessary transportation delays can place that person’s health at risk. 

Federal courts have held that pretrial detainees are protected from objectively unreasonable conduct by correction officials under the Fourteenth Amendment. Darnell v. Pineiro, 849 F.3d 17 (2d Cir. 2017). Depending on the facts, injuries that occur during transportation may also give rise to claims under New York law. 

At the same time, not every unsafe transportation practice automatically rises to the level of a constitutional violation. In Jabbar v. Fischer, 683 F.3d 54 (2d Cir. 2012), the Second Circuit held that transporting an incarcerated person on a prison bus without a seatbelt, standing alone, did not establish a violation of the Eighth or Fourteenth Amendment. The court explained, however, that a different case may exist when the lack of a seatbelt is combined with reckless driving or other dangerous conduct that exposes a restrained person to an unreasonable risk of harm.

What Evidence Can Help Prove an Unsafe Transportation Claim?

Unlike many other accidents, transportation incidents at Rikers Island often occur in places that are not open to the public. As a result, the evidence needed to prove what happened is often controlled by the Department of Correction or other government agencies. Gathering that evidence can be an important part of showing how the incident occurred and who may be responsible. When clients hire us, we take steps to obtain incident reports, transportation records, surveillance video, and other evidence from the Department of Correction. If necessary, we also use subpoenas to obtain evidence that may help support the claim.

Evidence that may help support a transportation injury claim includes:

• Department of Correction incident reports
• Transportation logs identifying the vehicle, driver, route, and passengers
• Surveillance video from correction facilities, buses, vans, or nearby locations
• Body camera or other available video footage
• Medical records documenting injuries and treatment
• Hospital records if outside emergency care was provided
• Photographs of visible injuries
• Statements from other detainees, correction officers, medical personnel, or other witnesses
• Maintenance records for the transportation vehicle
• Police reports if the transportation vehicle was involved in a traffic collision
• Expert opinions regarding vehicle operation, correctional practices, or medical issues, when appropriate

The sooner evidence is preserved, the better. Surveillance footage may be deleted, witnesses’ memories can fade, and important records may become more difficult to obtain over time. An experienced Rikers Island unsafe transportation lawyer can take steps to obtain and preserve available evidence before it is lost.

What Compensation May Be Available After a Transportation Injury?

If you were injured because of unsafe transportation at Rikers Island, you may have the right to seek financial compensation. Every case is different, and the compensation available depends on a variety of factors, including how the incident occurred, the severity of your injuries, and the evidence supporting your claim. An experienced Rikers Island unsafe transportation lawyer can evaluate your case and explain what damages may be available.

Depending on the circumstances, compensation may include:

• Medical expenses. The cost of emergency medical treatment, hospitalization, surgery, diagnostic testing, medications, physical therapy, rehabilitation, medical equipment, and future medical care related to your transportation injuries. 
• Lost wages. Income you lost because your injuries prevented you from working after your release, including wages, salary, self-employment income, and other earnings. 
• Loss of future earning capacity. Compensation if your injuries permanently reduce your ability to work or limit the amount you can earn in the future. 
• Pain and suffering. Compensation for physical pain, chronic pain, reduced mobility, permanent limitations, and the overall impact your injuries have on your daily life. 
• Emotional distress. Compensation for anxiety, depression, post-traumatic stress disorder (PTSD), fear, emotional trauma, or other psychological harm caused by the incident. 
• Permanent disability or disfigurement. Compensation for lasting physical impairments, loss of function, permanent scarring, or other long-term injuries. 
• Wrongful death damages. If unsafe transportation practices contribute to a detainee’s death, certain surviving family members or the personal representative of the estate may be able to pursue compensation under New York’s wrongful death laws. 

In addition to compensation for your losses, some federal civil rights cases brought under 42 U.S.C. § 1983 may allow punitive damages against an individual correction officer or other government employee whose conduct showed reckless or callous disregard for a person’s constitutional rights. Punitive damages are intended to punish particularly egregious misconduct and discourage similar conduct in the future. However, punitive damages generally cannot be recovered against New York City itself in a Section 1983 lawsuit.

What Deadlines Apply to Transportation Injury Claims?

The deadline for filing a transportation injury claim depends on the type of legal claim you are pursuing. Missing an important deadline could prevent you from recovering compensation, so it is important to act promptly. An experienced Rikers Island unsafe transportation lawyer can determine which filing deadlines apply to your case.

The most common deadlines include:

• State-law claims against New York City or its agencies. In most cases, a Notice of Claim must be served within 90 days of the incident before a lawsuit may be filed. See N.Y. Gen. Mun. Law § 50-e. 
• Deadline to file a state-law lawsuit. After serving a timely Notice of Claim, a lawsuit generally must be filed within one year and 90 days from the date of the incident. See N.Y. Gen. Mun. Law § 50-i. 
• Federal civil rights claims under 42 U.S.C. § 1983. These claims are generally subject to a three-year statute of limitations in New York. Unlike most state-law claims against New York City, a Notice of Claim is generally not required before filing a Section 1983 lawsuit. See Owens v. Okure, 488 U.S. 235 (1989); Pearl v. City of Long Beach, 296 F.3d 76 (2d Cir. 2002). 

Transportation injury cases sometimes involve both state-law claims and federal civil rights claims. As a result, more than one filing deadline may apply to the same case. Determining which deadlines apply depends on the facts of the incident, the parties involved, and the legal claims available. Speaking with an attorney as soon as possible can help preserve evidence, protect your legal rights, and ensure that important deadlines are not missed.

Frequently Asked Questions

Contact Stephen Bilkis & Associates

If you or someone you love was injured because of unsafe transportation practices at Rikers Island, you do not have to navigate the legal process alone. Every case is different, and an experienced Rikers Island unsafe transportation lawyer at Stephen Bilkis & Associates can evaluate the circumstances, explain the applicable law, and help you understand your legal options.

Stephen Bilkis founded Stephen Bilkis & Associates to help individuals and families pursue justice after serious injuries. The firm’s work has been recognized through selection to Super Lawyers, an Excellent rating from Avvo, recognition as a Justia Top-Rated Lawyer, honors from Expertise.com, and recognition by TopLawyer.com.

If you or someone you love was injured during transportation to, from, or while at Rikers Island, contact us today at 800.696.9529 to schedule a free, no-obligation consultation regarding your case. We represent clients throughout New York City, Long Island, Westchester County, Nassau County, Suffolk County, and surrounding New York communities.