Whether you’re riding a subway, bus, or any other method of public transportation in New York City, you expect a reasonable level of safety. While accidents happen, negligence should never be tolerated. Injuries on public transit can be catastrophic and often lead to death.
If you were seriously injured on NYC public transit, know that you have rights and you may be entitled to compensation. However, pursuing a personal injury claim against a city agency like the Metropolitan Transportation Authority (MTA) or the New York City Transit Authority (NYCTA) involves special legal rules, strict deadlines, and multiple parties who may share blame. It’s far from a simple personal injury lawsuit.
At Morelli Law Firm, we know how to help injury victims stand up to powerful public agencies and third-party companies. Here’s what you need to know if you’ve been hurt while riding or interacting with public transportation in New York City.
The Common Carrier Law in New York City
Under New York law, public transit operators like the MTA and NYCTA are considered “common carriers.” This means they are held to a heightened duty of care compared to ordinary individuals or companies. Common carriers are required to:
- Use the highest degree of care to ensure passenger safety
- Provide reasonably safe transportation, facilities, and equipment
- Warn passengers of known hazards and maintain operational control
This legal standard means that even seemingly minor negligent actions like failing to stop a train gently, ignoring slippery steps, or delaying medical help can constitute a breach of the carrier’s duty of care.
Safety Standards for NYC Public Transit Systems
The MTA and related agencies must comply with multiple safety regulations, including:
- Federal Transit Administration (FTA) safety standards
- New York Public Authorities Law
- New York City Transit Authority policies
- Occupational Safety and Health Administration (OSHA) rules for employee and construction safety
- Internal inspection and maintenance protocols for trains, buses, stations, and infrastructure
Failure to meet these standards may support a claim of negligence or negligence per se, especially if an injury was preventable with proper maintenance or staff action.
The Most Common Types of NYC Transit Injuries
Transit-related injuries can occur onboard, at stations, or while interacting with transit infrastructure and may involve:
- Subway or bus crashes
- Sudden stops or derailments
- Platform falls or being pushed onto tracks
- Slip-and-fall accidents on wet or broken surfaces
- Being struck by a bus or train
- Defective turnstiles, escalators, or elevators
- Assaults due to lack of security or negligent hiring
- Construction hazards in or near stations
Suing the NYC Transit System Can Be Complicated
If your injury involved a city-run transit agency, such as the MTA or NYCTA, your case becomes more complex due to governmental immunity laws and special procedural rules. Many factors make these cases unique, including:
The Notice of Claim Requirement
You must file a Notice of Claim within 90 days of the incident. This is a formal written notification sent to the agency responsible (e.g., NYCTA), alerting them that you intend to file a lawsuit.
If you miss this deadline, you may lose your right to sue entirely.
Delayed Right to Sue
After filing a Notice of Claim, you must wait at least 30 days before filing a lawsuit. This gives the agency time to investigate and potentially settle.
Shorter Statute of Limitations
For claims against the MTA or city agencies, you typically have one year and 90 days from the date of the incident to file your lawsuit. This replaces the two or three years allowed in other personal injury cases.
Immunity Protections
Certain actions (like discretionary decisions or emergency responses) may be protected by governmental immunity, shielding the agency from liability. However, this protection may be lost if gross negligence or policy violations can be proven.
How to Prove Negligence After a Transit Injury
To succeed in your claim, you must prove that the transit agency or its employees acted negligently, meaning they failed to meet their legal duty of care. This typically involves showing:
- A hazardous condition or negligent act existed (e.g., a broken step, an inattentive operator, or wet platform)
- The agency knew or should have known about the danger (through maintenance logs, complaints, or video footage)
- The agency failed to fix or warn about the danger (violating duty of care as a common carrier)
- That failure directly caused your injury (established through medical records, expert testimony, etc.)
In some cases, surveillance footage, eyewitness statements, or internal safety reports can make the difference between winning and losing.
Don’t Make These Mistakes After Being Injured on Public Transit
Making the wrong move after an accident on public transit can hurt your case. Here are some key mistakes to avoid:
- Do not delay medical treatment: waiting too long can cast doubt on your injuries.
- Do not skip the Notice of Claim: missing this deadline kills your case before it starts.
- Do not speak to MTA claims adjusters without a lawyer: they may use your statements against you.
- Do not post about the accident on social media: posts can be taken out of context and used in court.
- Do not assume you’re to blame: transit authorities may try to deflect blame onto victims. Don’t accept it without legal review.
Can You Sue a Third Party?
Yes. Many transit-related accidents involve third-party negligence that may allow for additional claims. These parties may include:
- Private contractors doing construction or repair work in or near transit areas
- Security companies hired by the MTA or NYPD to protect stations
- Manufacturers of defective train or bus parts
- Cleaning or maintenance companies responsible for unsafe conditions
- Drivers of private vehicles who cause bus collisions or hit pedestrians in crosswalks
Filing claims against both the MTA and a third party can increase your chances of recovering full compensation, especially if one party is protected by damage caps or insurance limits.
Trust the Personal Injury Attorneys at Morelli Law
Taking on the MTA or another NYC agency after a transit injury is not something you should attempt alone. At Morelli Law Firm, we’ve spent decades helping people navigate government claims, prove negligence, and win full compensation. We’ve helped our clients win billions.
If you or a loved one has been catastrophically injured on NYC public transit, don’t wait. The clock is ticking, and the filing rules are strict. Let the personal injury lawyers at Morelli Law Firm fight for the compensation you need to move forward. Call us today or contact us online for a free, no-obligation case review.
