{"id":2094,"date":"2026-07-07T22:46:49","date_gmt":"2026-07-08T02:46:49","guid":{"rendered":"https:\/\/haddlegal.com\/?p=2094"},"modified":"2026-07-09T09:50:56","modified_gmt":"2026-07-09T13:50:56","slug":"train-accident-attorney-nyc-suing-the-mta-and-transit-authorities","status":"publish","type":"post","link":"https:\/\/haddlegal.com\/es\/train-accident-attorney-nyc-suing-the-mta-and-transit-authorities\/","title":{"rendered":"Train Accident Attorney NYC: Suing the MTA and Transit Authorities"},"content":{"rendered":"
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You were hurt on the subway. Or on an MTA bus. Or on the Long Island Rail Road. And somewhere in the back of your mind, you’re thinking: Can I even sue the government?<\/p>\n

The answer is yes \u2014 and thousands of New Yorkers do it every year. The MTA received over 8,500 personal injury claims in 2024 alone. These aren’t frivolous lawsuits. They’re real people with real injuries \u2014 broken bones from a sudden stop, torn ligaments from a platform gap, head injuries from a door that closed too fast.<\/p>\n

But here’s what most injured commuters don’t know: there’s a 90-day deadline to take the first legal step. Miss it, and your case is gone. Not weakened \u2014 gone. No exceptions, no second chances.<\/p>\n

A qualified train accident attorney can protect that deadline for you. But only if you act quickly. This article explains exactly what you need to know \u2014 what you can recover, how the process works, and why this type of claim is different from any other personal injury case in New York.<\/p>\n

Can You Sue the MTA in New York?<\/h2>\n

Most people assume that because the MTA is a government agency, it’s untouchable. That assumption costs injured commuters their rights every single year.<\/p>\n

Government Immunity Doesn’t Mean Immunity From Negligence<\/h3>\n

Yes, government agencies in New York have certain legal protections. But those protections do not eliminate liability for negligence. When the MTA fails to maintain safe conditions \u2014 a wet platform with no warning sign, a broken escalator, a bus driver running a red light \u2014 that’s negligence. And you have the right to hold them accountable for it.<\/p>\n

New York courts have consistently upheld the right of injured passengers and commuters to sue transit authorities. The law simply requires that you follow specific procedures that don’t apply to typical personal injury claims. That’s where most people get tripped up.<\/p>\n

Which Transit Agencies Can Be Sued?<\/h3>\n

New York City’s transit system involves multiple entities, and each one can be named as a defendant depending on where and how you were injured:<\/p>\n

    \n
  • MTA (Metropolitan Transportation Authority) \u2014 the parent agency overseeing the entire system<\/li>\n
  • NYC Transit (New York City Transit Authority) \u2014 operates the subway and local buses<\/li>\n
  • MTA Bus Company \u2014 operates certain bus routes in Queens, Brooklyn, and the Bronx<\/li>\n
  • Long Island Rail Road (LIRR) \u2014 commuter rail serving Long Island<\/li>\n
  • Metro-North Railroad \u2014 commuter rail serving Westchester, Connecticut, and upstate New York<\/li>\n<\/ul>\n

    Each of these entities has its own legal structure, and the procedures for filing claims against them can differ in important ways. Getting the right defendant named \u2014 and filing in the right way \u2014 matters enormously from day one.<\/p>\n

    The 90-Day Notice of Claim: The Deadline That Kills MTA Cases<\/h2>\n

    How Long Do You Have to File a Claim Against the MTA in New York?<\/h3>\n

    You have 90 days from the date of your accident to file a Notice of Claim. This is not the lawsuit itself \u2014 it’s a formal written notice to the transit authority that you intend to seek compensation. If you do not file this notice within 90 days, you generally lose your right to sue entirely. After the Notice of Claim is properly filed, you then have 1 year and 90 days from the date of the accident to file the actual lawsuit in court.<\/p>\n

    What Is a Notice of Claim?<\/h3>\n

    A Notice of Claim is a legal document that must be filed with the appropriate transit authority \u2014 and in some cases, also with the NYC Comptroller’s office \u2014 before you can bring a lawsuit. It must include:<\/p>\n

      \n
    • Your name and address<\/li>\n
    • The nature of your claim (how the accident happened and what injuries you sustained)<\/li>\n
    • The date, time, and location of the accident<\/li>\n
    • The damages you are claiming<\/li>\n<\/ul>\n

      The document must be accurate and complete. Errors or omissions can be used against you later. This is not a form you should fill out on your own.<\/p>\n

      How to File It<\/h3>\n

      The Notice of Claim must be served on the proper authority within the 90-day window. For NYC Transit subway and bus claims, it is filed with the MTA and typically also with the NYC Comptroller’s office. For LIRR and Metro-North claims, the filing requirements are slightly different. An attorney will know exactly where and how to file for each specific entity.<\/p>\n

      What Happens If You Miss It<\/h3>\n

      In most cases, missing the 90-day deadline is fatal to your claim. Courts can grant late filing in very limited circumstances \u2014 such as infancy (the injured person is a minor) or mental incapacity \u2014 but these exceptions are narrow and difficult to qualify for. If you are an adult who simply didn’t know about the deadline, a court is unlikely to give you an extension.<\/p>\n

      The clock starts the day you were injured. Not the day you spoke to a lawyer. Not the day you left the hospital.<\/p>\n

      Common Types of NYC Transit Accidents<\/h2>\n

      Transit injuries happen in dozens of different ways, and the legal theories behind each claim can vary significantly.<\/p>\n

      Subway Platform and Train Accidents<\/h3>\n

      As a subway accident lawyer in NYC, we see these injuries constantly:<\/p>\n

        \n
      • Slip and falls on wet or dirty platforms \u2014 one of the most common claims, often tied to failure to place warning signs or clean up hazards in a reasonable time<\/li>\n
      • Platform gap injuries \u2014 passengers stepping into the gap between the train and platform edge, especially at curved stations<\/li>\n
      • Door injuries \u2014 doors closing on passengers before they’ve fully boarded or exited<\/li>\n
      • Sudden, jerking train stops \u2014 passengers thrown from seats or off their feet without warning<\/li>\n
      • Escalator and elevator accidents \u2014 malfunctioning equipment that the MTA knew or should have known was defective<\/li>\n
      • Falling on stairs \u2014 broken treads, missing handrails, inadequate lighting<\/li>\n<\/ul>\n

        MTA Bus Accidents<\/h3>\n

        Bus accident injuries in New York are often severe because of the size and weight of the vehicles involved. Common scenarios include:<\/p>\n

          \n
        • Bus collisions caused by driver negligence<\/li>\n
        • Sudden braking that throws standing passengers<\/li>\n
        • Passengers injured while boarding or exiting<\/li>\n
        • Drivers running red lights or stop signs<\/li>\n<\/ul>\n

          If you were injured on or by an MTA bus, you need a bus accident attorney in New York with experience handling government claims \u2014 not just standard auto accident cases.<\/p>\n

          Commuter Rail \u2014 LIRR and Metro-North<\/h3>\n

          Commuter rail accidents often involve higher speeds and more severe injuries. Claims against the LIRR and Metro-North can involve train collisions, derailments, platform accidents at commuter stations, and conductor negligence. These claims follow somewhat different procedural rules than NYC Transit claims, which is one reason choosing the right attorney matters so much.<\/p>\n

          Proving the MTA Was Negligent<\/h2>\n

          \"Train<\/p>\n

          Winning an MTA claim isn’t just about proving you were hurt. You have to prove the MTA was at fault \u2014 and specifically, that they knew or should have known about the dangerous condition.<\/p>\n

          Notice of the Dangerous Condition<\/h3>\n

          This is the legal concept that makes or breaks many transit injury cases. For a slip and fall on a subway platform, for example, it’s not enough to show that the floor was wet. You generally need to show that:<\/p>\n

            \n
          1. The MTA knew the floor was wet and failed to address it, or<\/li>\n
          2. The condition existed long enough that the MTA should have discovered and fixed it during reasonable inspections<\/li>\n<\/ol>\n

            This is called “constructive notice” or “actual notice,” and the MTA’s attorneys will fight hard on this point. Prior complaints to the MTA about the same location, records of previous accidents in the same spot, or internal maintenance and inspection logs showing the hazard was documented but not fixed \u2014 these are the pieces of evidence that win cases.<\/p>\n

            Evidence You Need Immediately<\/h3>\n

            Evidence in transit accident cases disappears fast. Here’s what needs to be preserved as soon as possible:<\/p>\n

              \n
            • MTA incident reports \u2014 file one at the station or with MTA customer service immediately after your accident<\/li>\n
            • Surveillance footage \u2014 subway platforms and buses are covered by cameras, but the MTA can and will delete footage on a standard schedule. An attorney can send a preservation demand immediately.<\/li>\n
            • Platform inspection logs and maintenance records \u2014 obtained through legal discovery or Freedom of Information Law (FOIL) requests<\/li>\n
            • Witness statements and contact information \u2014 get names and phone numbers at the scene if you can<\/li>\n
            • Photographs \u2014 of the hazard, your injuries, and the accident location<\/li>\n
            • Your medical records \u2014 document your injuries from the very first visit<\/li>\n<\/ul>\n

              Do not wait. Every day that passes is a day evidence may be destroyed or witnesses may forget what they saw.<\/p>\n

              What Compensation Can You Recover From the MTA?<\/h2>\n

              Unlike some government claims, there is no damages cap for MTA personal injury cases in New York. You can pursue the full range of compensatory damages that any personal injury victim can recover.<\/p>\n

              Medical Bills and Future Care<\/h3>\n

              You can recover the full cost of your past medical treatment \u2014 emergency room visits, surgery, hospitalization, physical therapy, medications \u2014 as well as the projected cost of any future medical care related to your injuries. For serious injuries that require ongoing treatment or long-term rehabilitation, future medical damages can be substantial.<\/p>\n

              Lost Wages<\/h3>\n

              If your injuries kept you out of work, you can recover those lost earnings. If your injuries are permanent or long-lasting, you may also recover lost future earning capacity \u2014 the income you would have earned but can no longer earn because of the injury.<\/p>\n

              Dolor y Sufrimiento<\/h3>\n

              This category covers the physical pain, emotional distress, and reduced quality of life caused by your injuries. Pain and suffering damages are often the largest component of a transit accident settlement or verdict, particularly in cases involving serious or permanent injuries.<\/p>\n

              As a bus accident lawyer in NYC with experience across MTA claims, we’ve seen settlements and verdicts ranging from approximately $100,000 for more minor injuries to well over $5 million for catastrophic injuries such as traumatic brain injuries, spinal cord damage, or amputations. Every case is different, but the absence of a damages cap means serious injuries receive serious compensation.<\/p>\n

              The MTA Claims Process Step by Step<\/h2>\n

              Understanding the process ahead of time reduces stress and helps you make better decisions.<\/p>\n

              Step 1: File Notice of Claim (90 Days)<\/h3>\n

              As discussed above, this is your first and most time-sensitive obligation. Your attorney handles this filing, ensures it’s served on the correct entities, and makes sure it’s complete and accurate. This needs to happen within 90 days of your accident \u2014 no exceptions.<\/p>\n

              Step 2: The 50-H Hearing \u2014 The MTA’s Examination<\/h3>\n

              Before you can file a lawsuit against the MTA, the transit authority has the legal right to examine you under oath. This is called a 50-H hearing, and it typically takes place several months after the Notice of Claim is filed. You will be questioned by an MTA attorney about the accident, your injuries, your medical treatment, your employment, and your background.<\/p>\n

              This is not an optional formality. Your answers become part of the official record and can be used against you if the case goes to trial. This is where having an experienced attorney earns its value. Proper preparation for a 50-H hearing can mean the difference between a strong case and a damaged one.<\/p>\n

              Step 3: Filing Suit and Negotiation<\/h3>\n

              After the 50-H hearing, your attorney will formally file the lawsuit in court (within the 1 year and 90 day statute of limitations). From there, the case enters the litigation phase \u2014 discovery, depositions, and eventually settlement negotiations or trial. Most MTA claims settle before trial, but the MTA is a sophisticated defendant with experienced defense lawyers. You need an attorney who knows how they operate.<\/p>\n

              How to Choose a Train Accident Attorney in NYC<\/h2>\n

              Not every personal injury attorney in New York has experience with government claims. And government claims are fundamentally different.<\/p>\n

              Government Claims Experience Is Different From Regular PI<\/h3>\n

              A standard car accident case and an MTA transit accident claim involve completely different procedural requirements, different litigation strategies, and different opponents. The 90-day Notice of Claim filing, the 50-H examination process, the need to prove notice of a dangerous condition, and the specific discovery procedures for government entities \u2014 these all require lawyers who have done this before.<\/p>\n

              An attorney who primarily handles car accidents or slip and falls in private buildings may not know the nuances that determine whether your MTA case succeeds or fails.<\/p>\n

              HaddLegal \u2014 Haddad Law Firm, P.C. \u2014 has handled MTA and transit accident claims across all five boroughs. As a dedicated NYC transit accident attorney firm, we know the MTA’s claims process, we know their defense tactics, and we know how to build the kind of evidence-driven cases that produce real results. We handle every transit accident claim on a contingency fee basis \u2014 meaning you pay nothing unless we win your case.<\/p>\n

              Preguntas Frecuentes<\/h2>\n

              How long do you have to file a claim against the MTA in New York?<\/h3>\n

              You have 90 days from the date of your accident to file a Notice of Claim with the appropriate transit authority. This is a hard deadline in most cases \u2014 miss it, and you typically lose your right to sue entirely. After the Notice of Claim is filed, you have 1 year and 90 days from the accident date to file the actual lawsuit.<\/p>\n

              Can you sue the MTA for a slip and fall on a subway platform?<\/h3>\n

              Yes. Slip and fall injuries on subway platforms are among the most common MTA claims filed in New York. To succeed, you generally need to show that the MTA knew or should have known about the hazardous condition \u2014 a wet floor, a broken tile, inadequate lighting \u2014 and failed to fix it within a reasonable time. Prior inspection records and maintenance logs are often critical evidence in these cases.<\/p>\n

              What is a 50-H hearing in an MTA claim?<\/h3>\n

              A 50-H hearing is a sworn examination of the injured person conducted by the MTA’s attorney before a lawsuit can be filed. It is required by New York General Municipal Law Section 50-H, and you must attend if the MTA demands it. During the hearing, the MTA’s lawyers will question you in detail about the accident, your injuries, and your background. Having an attorney present and preparing thoroughly beforehand is essential.<\/p>\n

              What if I was injured on the Long Island Rail Road or Metro-North?<\/h3>\n

              Injuries on the LIRR or Metro-North are handled similarly to other MTA claims but with some procedural differences. Claims against the LIRR, for example, may be subject to federal law under the Federal Employers’ Liability Act (FELA) in certain situations involving railroad employees. For passengers injured on commuter rail, the Notice of Claim requirements and timing rules can vary. An attorney experienced with commuter rail claims will know which rules apply to your specific situation.<\/p>\n

              How much is an MTA accident lawsuit worth?<\/h3>\n

              Every case is different, but MTA accident settlements and verdicts in New York typically range from around $100,000 for soft tissue injuries and minor fractures to $1 million to $5 million or more for serious injuries involving surgery, permanent disability, or traumatic brain injury. There is no damages cap on MTA personal injury claims in New York, which means your recovery is limited only by the facts of your case \u2014 your medical costs, your lost income, and the severity of your pain and suffering.<\/p>\n

              Conclusion: The 90-Day Clock Is Already Running<\/h2>\n

              If you were hurt on the subway, an MTA bus, the Long Island Rail Road, or Metro-North \u2014 the most important thing you can do right now is contact an attorney. Not next week. Not after you see how your injuries heal.<\/p>\n

              Now.<\/p>\n

              The 90-day Notice of Claim deadline doesn’t care how serious your injuries are. It doesn’t care that you didn’t know it existed. Once it passes, your case is almost certainly gone.<\/p>\n

              HaddLegal \u2014 Haddad Law Firm, P.C. offers free consultations for injured transit riders across New York City and the surrounding area. We handle every case on a contingency fee basis \u2014 you owe us nothing unless we recover money for you.<\/p>\n

              You were injured because someone else was negligent. You deserve compensation. But you have to act before that 90-day window closes.<\/p>\n

              Call HaddLegal today. The consultation is free. The deadline is real.<\/p>\n

              This article is provided for general informational purposes and does not constitute legal advice. Every case is different. Contact a qualified NYC personal injury attorney to discuss the specific facts of your situation.<\/p>\n<\/div>\n\n\n\n\n\t\t\t<\/div> \n\t\t<\/div>\n\t<\/div> \n<\/div><\/div>","protected":false},"excerpt":{"rendered":"You were hurt on the subway. Or on an MTA bus. Or on the Long Island Rail Road. 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