You board the same bus or subway every day without thinking twice. Then one morning, a sudden stop sends you crashing into a pole, or a wet floor on a ferry causes a fall that shatters your wrist. Injuries on public transit can happen in an instant, but getting compensated often requires navigating a maze of government rules and strict deadlines. If you were hurt on an MTA bus, subway, or ferry in New York, a Queens personal injury attorney can help you understand your rights and file your claim before time runs out.
Government Agencies vs. Private Operators: Why It Matters
Most public transportation in New York City is operated by government agencies, including the Metropolitan Transportation Authority, which runs buses and subways, and NYC Ferry, which is operated under contract with the city. When you are injured in a government-operated vehicle, the claims process differs significantly from a typical personal injury case.
Government entities have special legal protections that limit how and when you can sue. You cannot simply file a lawsuit like you would against a private company. Instead, you must follow specific procedures and meet strict deadlines that do not apply to claims against private parties.
Some transportation services, such as private bus companies or charter ferries, are not government-operated. Claims against these entities follow standard personal injury rules, including longer filing deadlines. Determining who operates the vehicle that injured you is a critical first step in any public transit case.
Filing Deadlines for MTA and NYC Transit Claims
If a government agency caused your injury, you must file a Notice of Claim before you can pursue a lawsuit. Under New York General Municipal Law § 50-e, this notice must be served within 90 days of the accident. Missing this deadline typically bars you from recovering any compensation, no matter how serious your injuries.
The Notice of Claim must include specific information: the date, time, and location of the accident; a description of how you were injured; and the nature of your damages. After filing, you generally have one year and 90 days from the date of the accident to file a lawsuit. This is much shorter than the three-year statute of limitations for most personal injury cases in New York.
Given the short deadlines, contacting an attorney immediately after your accident is essential. Waiting even a few weeks can put your claim at risk.
Common Causes of Public Transit Injuries
Accidents on buses, subways, and ferries happen for many reasons, and the transit authority may be liable if negligence played a role. Common causes include:
- Sudden stops or hard braking that throw passengers off balance
- Wet or slippery floors that cause slip-and-fall accidents
- Collisions with other vehicles, pedestrians, or fixed objects
- Doors closing on passengers during boarding or exiting
- Defective escalators or elevators in subway stations
- Assaults resulting from inadequate security
When a transit employee’s negligence or the agency’s failure to maintain safe conditions causes your injury, you may be entitled to compensation for medical bills, lost wages, and pain and suffering.
How to Start a Claim Against the MTA
To pursue compensation after a public transit accident, you must first prepare and serve a Notice of Claim on the responsible agency. The New York City Comptroller’s Office processes claims against many city agencies. Numerous agencies are listed as exceptions on their webpage, so always check to ensure you serve the correct agency.
After filing, the agency may request a hearing where you provide testimony about the accident. This testimony can be used in later proceedings, so having an attorney represent you at this stage is important. Once the notice and hearing requirements are satisfied, you can proceed with a lawsuit if the agency does not offer a fair settlement.
Injured on Public Transit? Bornstein & Emanuel Can Help
Public transportation accidents involve complicated rules and tight deadlines that can derail your claim if you do not act quickly. At Bornstein & Emanuel, P.C., we have more than 30 years of experience helping accident victims in Nassau County, Queens, and throughout the New York metro area. Your consultation is free, and we handle all cases on contingency, so you pay nothing unless we win. Contact us today before the deadline passes. ¡Hablamos Español!
