If you were injured on an MTA subway train, on a New York City bus, on a subway platform, or in a station, the process for bringing a legal claim is different from a standard personal injury lawsuit. Claims against the Metropolitan Transportation Authority require a Notice of Claim filed within 90 days of the accident. Missing that deadline bars the claim permanently for most plaintiffs. This guide explains the rules that govern MTA and transit injury cases, what types of accidents are covered, and how compensation is pursued.
Why MTA Claims Are Different From Standard Personal Injury Cases
The MTA is a public benefit corporation created under New York Public Authorities Law § 1266. Because it is a government entity, it carries statutory protections that private defendants do not have. The most critical of these is the Notice of Claim requirement.
Under New York General Municipal Law § 50-e and the MTA’s own enabling legislation, an injured person must file a formal Notice of Claim with the MTA within 90 days of the date of the accident.
- The Notice of Claim must include:
- The claimant’s name and address
- The nature of the claim
- The time, place, and manner in which the injury occurred
- The injuries sustained and the damages claimed
After the Notice of Claim is filed, the MTA typically requests an examination under oath, where the injured person answers questions under oath in a proceeding similar to a deposition. The lawsuit itself must be filed within one year and 90 days of the accident.
Can You Get a Late Notice of Claim Filed?
Courts may grant permission to file a late Notice of Claim in limited circumstances. The key factors include whether the MTA acquired actual knowledge of the essential facts of the claim within 90 days or within a reasonable time after, whether the claimant has a reasonable excuse for the delay, and whether the MTA would be prejudiced by the late filing.
Courts do grant late notice applications in cases involving serious injuries, medical incapacity, or infancy (minors have additional time protections). However, the process requires a formal court application and there is no guarantee of success. Claimants who miss the 90-day deadline should contact an attorney immediately rather than waiting further.
Types of MTA and Transit Accidents
Subway Train Accidents
Subway train accidents that produce serious injuries include:
Train derailments and emergency stops: Sudden stops caused by operator error, signal failures, or track defects can throw standing passengers into handholds, seats, or other passengers
Train door accidents: Doors that close prematurely or reopen after closing can catch passengers and drag them. The MTA has a duty to ensure doors operate safely.
Falls inside trains: Wet floors, defective seats, and sudden acceleration or deceleration without warning can cause falls inside subway cars
Struck by train on the platform: Passengers who fall or are pushed onto the tracks, or who are struck by a train while standing too close to the platform edge
Subway Station and Platform Accidents
The MTA has a duty to maintain its stations and platforms in a reasonably safe condition. Claims arising from station conditions include:
- Slip and fall on wet platform surfaces or station stairways, particularly during rain when precipitation is tracked into the station
- Falls on broken or defective platform surfaces, stairs, or escalators
- Inadequate lighting in passageways, stairwells, or platform areas
- Station conditions that contributed to a crime or assault (inadequate security in high-crime stations)
Bus Accidents
New York City Transit operates the largest bus fleet in North America. Bus accident claims arise from:
Bus-vehicle collisions:
MTA buses striking or being struck by cars, trucks, or other buses at intersections
Passenger falls on the bus:
Sudden stops, accelerations, and sharp turns without warning can cause standing passengers to fall.
Passengers who are boarding or exiting may also be caught by closing doors or struck by the bus itself.
Bus-pedestrian accidents: MTA buses striking pedestrians at bus stops or crosswalks
Bus-bicycle accidents: Buses turning across bike lanes or striking cyclists at stops
Proving the MTA’s Negligence
To win an MTA transit accident claim, you must establish that the MTA or one of its employees was negligent. Common theories of MTA liability include:
Operator negligence: A train or bus operator who accelerated suddenly, stopped abruptly without cause, failed to observe a signal, or drove recklessly
Negligent maintenance: Defective equipment including malfunctioning doors, broken escalators, failed signals, or track defects that the MTA knew or should have known about
Premises liability: Dangerous conditions in stations or on platforms that the MTA failed to remedy or warn against
Inadequate security: In certain cases, the MTA’s failure to provide adequate security in known high-crime locations can give rise to liability for passenger assaults
The MTA frequently defends these cases by arguing that the accident was caused by the passenger’s own inattention, by another passenger, or by a sudden emergency that could not have been avoided. Having an attorney who is experienced in MTA litigation, and who knows how to subpoena train operation logs, maintenance records, and signal data, is essential.
No-Fault Insurance and MTA Bus Accidents
When an MTA bus strikes a pedestrian or cyclist, the bus’s no-fault insurance coverage applies to the injured person’s medical bills and lost wages. This no-fault claim runs alongside, not instead of, the personal injury lawsuit against the MTA.
Bus passengers who are injured due to the bus driver’s negligence are not subject to the no-fault serious injury threshold when suing the MTA for pain and suffering. The no-fault limitations on lawsuits were intended for situations involving two private vehicles. A passenger injured by the MTA’s own negligence may sue directly without that restriction.
Damages Available in MTA Transit Claims
- In a successful MTA transit claim, you can recover:
- Medical expenses, including all past and future treatment
- Lost wages and diminished earning capacity
- Pain and suffering for physical injury and emotional distress
- Out-of-pocket expenses including transportation to medical appointments and home care
New York’s comparative negligence rules apply. If the MTA can show that you were partly responsible for your accident, for example by running to catch a closing train door, your recovery will be reduced by your percentage of fault.
Frequently Asked Questions: MTA and Transit Accidents in New York
What is the deadline to file a Notice of Claim against the MTA? 90 days from the date of the accident. This is the single most critical deadline in MTA litigation. Contact an attorney as soon as possible after any MTA-related injury.
What happens at the MTA examination under oath? After the Notice of Claim is filed, the MTA typically requests an examination under oath, a recorded Q&A session where you answer questions about the accident, your injuries, and your treatment. You should have an attorney present. Statements made at the examination are used throughout the litigation.
Can I sue the MTA if I was assaulted in a subway station? In certain circumstances, yes. If the MTA had prior knowledge of crime conditions in a specific station and failed to provide adequate security, a claim may exist. These cases are factually intensive and require evidence of prior similar incidents in the same location.
Does the MTA settle cases before trial? Yes. The MTA settles a significant percentage of claims before trial, often through negotiation after the examination under oath and preliminary medical evaluations. Cases with clear liability and serious injuries are frequently resolved before the lawsuit proceeds to discovery.
What if my injury was caused by a third party on the subway, not the MTA itself? If you were assaulted or injured by another passenger, the third party is primarily liable. The MTA may also bear secondary liability if the assault occurred because of inadequate security. The MTA claim still requires a 90-day Notice of Claim.
What is my MTA case worth? MTA cases vary widely. A fall on a wet platform that caused a wrist fracture is valued differently than a train door accident that caused a shoulder surgery or spinal injury. Serious permanent injuries against a clearly liable MTA tend to produce substantially higher settlements than soft tissue cases, particularly when strong maintenance records or operator logs corroborate the negligence.
Talk to an Accident Lawyer
Liakas Law represents clients injured on MTA subways, buses, and in transit facilities throughout New York City. Our attorneys handle the Notice of Claim, the examination under oath, and the full litigation process, including subpoenaing MTA maintenance and operations records. We work on a contingency fee basis, so there is no cost unless we recover for you.
Contact Liakas Law today for a free consultation if you were injured in an MTA-related accident.
