Suing the MTA: A Guide to Handling Injuries in New York City Public Transportation

Every day, approximately 8 million people rely on the Metropolitan Transportation Authority (MTA) to get around New York City. From subway cars to bus routes, the MTA serves as the core of the transportation system in New York City, connecting millions of residents and visitors to their destinations.

While the MTA serves an important role in keeping the city moving, accidents and injuries are unfortunately common for many riders. Whether it is a slip on a wet platform, a bus crash, or an injury caused by defective equipment, these incidents can result in serious injuries, medical bills, and lost income.

An Overview of Public Transportation in New York City and Injury Context

New York City’s MTA administers one of the world’s largest public transportation networks, which includes subways, buses, and commuter rail services such as the Long Island Rail Road (LIRR) and Metro-North. With millions of passengers traveling every day, the possibility of an accident is always present.

Some common causes of public transportation injuries include:

• Subway derailments or sudden stops
• Bus collisions
• Slips and falls on wet or poorly maintained platforms
• Injuries caused by malfunctioning doors or escalators
• Assaults due to inadequate security

Knowing your rights and how to proceed after an injury is crucial to your health and finances. Below, we’ll break down the key aspects of suing the MTA and how to pursue a personal injury claim.

What is the MTA, and What Does It Cover?

The Metropolitan Transportation Authority (MTA) is the government agency in charge of administering New York City’s public transportation network. It is responsible for the New York City subway system, MTA buses, the Long Island Railroad, the Metro-North Railroad, and various bridge and tunnel operations.

Since the MTA is a public entity, suing them involves specific legal procedures and strict deadlines. Claims against the MTA fall under the category of government liability, differentiating them from typical personal injury cases against private companies.

Who is Liable for an Injury on Public Transportation?

Determining liability in public transportation accidents can be complex. Generally, if negligence contributed to your injury, you may hold the MTA or its subsidiaries liable. Examples of negligence include:

• Poor maintenance of vehicles or stations (e.g., broken stairs, malfunctioning doors).
• Reckless or careless operation of vehicles by drivers or operators.
• Failure to address hazardous conditions (e.g., wet floors, uneven surfaces).
• Inadequate security leading to assaults or other crimes

However, demonstrating negligence necessitates thorough investigation and evidence gathering. This is where a skilled personal injury attorney can make all the difference.

Can I Sue The Metropolitan Transportation Authority (MTA) For Personal Injuries in New York City Public Transportation?

Yes, you can sue the MTA for personal injuries, but there are certain steps you must take. Government agencies, such as the MTA, have sovereign immunity, which limits their responsibility. To sue the MTA, you need to:

• Prove that the MTA’s negligence directly caused your injury.
• File a Notice of Claim within 90 days of the accident.
• Provide evidence, including medical records, accident reports, and witness statements.
• Adhere to New York’s strict procedural requirements for lawsuits against government agencies.

Given the strict deadlines and procedural requirements, it’s essential to act quickly and seek legal guidance.

Step-by-Step Process for Handling Public Transportation Injuries in New York City

Filing a personal injury claim with the MTA is a complex and time-consuming process. If you’ve been injured while using MTA services, such as subways (NYCTA), buses (MaBSTOA), or the Staten Island Railway (SIRTOA), it’s crucial to follow the correct steps to protect your rights and ensure your claim is properly filed.

How to File a Personal Injury Claim with the MTA

1. Download the Personal Injury Claim Form

The first step in filing a claim with the MTA is obtaining the appropriate form. The personal injury claim form for NYCTA, MaBSTOA, or SIRTOA injuries is available for download straight from the MTA’s Contact Page. This form is specifically made for these agencies, so use the correct one. Other MTA subsidiaries, such as the Long Island Rail Road (LIRR) or the Metro-North Railroad, may use different forms and procedures, so double-check the requirements for your individual circumstance.

2. File a Notice of Claim Within 90 Days

The New York Public Authority Law requires you to file a Notice of Claim within 90 days of the incident. This deadline is strict, and failing to fulfill it may result in your claim being barred, denying you the ability to seek compensation. The Notice of Claim is a legal document that tells the MTA that you intend to sue and contains specifics about the occurrence, including:

• The date, time, and location of the accident.
• A description of how the injury occurred.
• The nature and extent of your injuries.
• Any damages or losses you’ve suffered as a result.

The Notice of Claim must be delivered to the MTA’s legal department, either electronically or by mail. Remember to preserve a copy of the form and evidence of delivery for your records.

3. Prepare for a 50-H Hearing

After you submit your Notice of Claim, the MTA may schedule a 50-H hearing. This is a sworn testimony, and you will be asked questions regarding the occurrence while under oath. Your statements could significantly affect the outcome of your case, which will be heard by an MTA official.

Because the 50-H hearing is a formal legal action, it is critical to have an experienced personal injury attorney by your side. Your lawyer can assist you in preparing for the hearing, protecting your rights, and preventing you from making remarks that could jeopardize your claim.

4. Submit the Claim Form and Wait for a Response

The next step after completing the personal injury claim form and filing your Notice of Claim is to send it to the MTA. Following the filing, the MTA has 30 days to react to your claim. During this period, they may look into the occurrence, review your proof, and decide whether to accept or refuse your claim.

5. What Happens If Your Claim Is Denied?

If the MTA refuses your claim or does not answer within 30 days, you are entitled to seek legal action. However, there are strict deadlines to consider. According to New York law, you have one year and 90 days from the date of the incident to initiate a complaint against the MTA. The statute of limitations is not negotiable, so if your claim is refused, you must act quickly.

Consider Hiring an Experienced Personal Injury Lawyer

Filing a claim against the MTA is a complicated and difficult process. From obtaining evidence and filling out documents to negotiating hearings and deadlines, there are several potential errors that could harm your case. An expert personal injury lawyer can:

• Ensure your Notice of Claim is filed accurately and on time.
• Help you gather and organize evidence to support your claim.
• Represent you during the 50-H hearing and other legal proceedings.
• Negotiate with the MTA on your behalf or take your case to court if necessary.

At Greenberg & Stein P.C., we have extensive experience handling MTA injury claims and fighting for the compensation our clients deserve. We understand the intricacies of New York Public Authority Law and are committed to guiding you through every step of the process.

Compensation Potential

If your claim is successful, you may be eligible to receive compensation for:

1. Medical Expenses: Coverage for past and future medical treatments related to your injury.
2. Lost Wages: Reimbursement for income lost due to your inability to work.
3. Pain and Suffering: Compensation for physical pain and emotional distress caused by the injury.
4. Other Damages: Depending on the circumstances, you may also recover compensation for loss of enjoyment of life, disability, or disfigurement.

The amount of compensation you receive will be determined by the severity of your injuries, their impact on your life, and the strength of your claim. An experienced attorney can help you maximize your compensation.

Contact Greenberg & Stein for a Consultation

If you’ve been injured on New York City public transportation, you need to seek the compensation you deserve. The team at Greenberg & Stein P.C. is here to help. With decades of experience representing injury victims in New York, we understand the complexities of suing the MTA and are committed to fighting for your rights. 

Call us today at (212) 681-2535 for a free consultation. Remember, it’s crucial to act quickly to safeguard your rights and ensure you receive the compensation you are due.