
Public Transit Accidents
A Transit Injury in New York Triggers Deadlines Most Riders Never Expect
If you were injured on a New York City bus, subway, LIRR, Metro-North, or ferry, the clock starts immediately. Because the MTA and NYCTA are government entities, you must file a Notice of Claim within 90 days of your injury under General Municipal Law § 50-e, or you may lose your right to sue entirely. The standard three-year statute of limitations under CPLR § 214 still applies, but missing the 90-day notice requirement can end your case long before that deadline arrives.
What New York Law Requires in Public Transit Accident Claims
Public transit operators in New York, including the MTA, NYCTA, LIRR, and Metro-North, are classified as common carriers under state law and owe passengers a heightened duty of care. Because these agencies are government entities, you must file a Notice of Claim under General Municipal Law Section 50-e within 90 days of your accident before you can pursue a lawsuit. Missing that 90-day window can permanently bar your claim, regardless of how serious your injuries are.
New York's no-fault insurance rules also apply to bus accidents, meaning you have 30 days from the date of the accident to file a no-fault application to preserve your right to lost wages and medical expense coverage. The broader statute of limitations under CPLR Section 214 gives you three years to file a personal injury lawsuit, but the Notice of Claim requirement makes early action essential.
Common Causes and Types of Public Transit Accidents in New York
Public transit accidents in New York take many forms, and the cause often determines which entities are liable. Understanding what happened is the first step toward pursuing a claim.
COMMON CAUSES AND TYPES:
What To Do After a Public Transit Accident in New York
The steps you take in the hours and days after a transit accident directly affect your ability to recover. New York's 90-day Notice of Claim deadline for MTA and NYCTA claims leaves little room for delay.
FOUR STEPS TO PROTECT YOUR CLAIM:
New York requires a Notice of Claim against the MTA or NYCTA within 90 days of your accident. Miss that window and your case may be barred entirely.
How Schwartzapfel Holbrook Handles Transit Cases
Public transit cases involve government entities, compressed deadlines, and evidence that disappears quickly. We move immediately to preserve surveillance footage, dispatch logs, and maintenance records before it is lost. Several members of our team have worked on the defense side of these claims, so we know how transit carriers evaluate liability and where they look for weaknesses. We take a limited number of cases, and every one we accept is prepared as if it will be decided by a jury in New York City or Long Island.
Questions About Public Transit Accidents in New York
Document injuries with photos before they heal or fade. Get medical care even if MTA personnel downplay the incident. Notify the bus operator or conductor immediately, they're required to file incident reports.
Here's what most people don't know: you have just 90 days to file a Notice of Claim against the MTA, NYCT, or other transit authority. Miss this deadline and your case dies. Period. Government entities get special protection that private defendants don't. Request surveillance footage immediately through a Freedom of Information Law request, these videos get overwritten quickly. The MTA carries high insurance limits because they're common carriers with heightened duty of care.
Preserve your MetroCard or OMNY payment record as proof you were a paying passenger. Get witness information while people are still around, transit accidents happen fast and witnesses scatter.
When MTA buses or subway incidents involve pedestrians, police reports become your gateway to government surveillance footage. Transit authorities preserve video evidence only when there's official documentation, no report means that crucial footage gets deleted on standard rotation schedules.
The 90-day Notice of Claim deadline against government entities like NYCT starts ticking immediately. Police documentation establishes the exact time and location, which becomes essential when filing against the MTA. Their lawyers will challenge every detail to avoid the heightened duty of care that applies to common carriers.
Officers also identify witnesses who might otherwise disappear into the crowd. Transit accidents happen fast in busy areas. That police interview with a bystander who saw the bus driver texting could be a pivotal piece of evidence in your case.
Transit accidents create unique medical documentation challenges. MTA buses slam on brakes suddenly. Subway cars jolt to emergency stops. Passengers get thrown around, hit poles, or twist trying to stay upright. Yet many walk away thinking they're fine.
Here's what matters legally: you have just 90 days to serve a Notice of Claim on the MTA under New York General Municipal Law § 50-e (applied to the MTA and its subsidiaries through the Public Authorities Law). Courts can grant leave to file a late notice under § 50-e(5), but those petitions are discretionary, increasingly hard to win, and capped by the one-year-and-90-day statute of limitations — so treat the 90 days as the real deadline. Your medical records from day one become critical evidence of when injuries occurred and their connection to the transit incident. Gaps in treatment give government lawyers ammunition to argue your back problems or headaches developed later from unrelated causes.
Common carriers like the MTA owe passengers a heightened duty of care. Document everything immediately, even minor soreness or dizziness could signal something more serious developing.
Government claims have brutal deadlines. You've got 90 days maximum to file a Notice of Claim against the MTA, NYCT, or whoever operates that bus or train. Not 91 days. Exactly 90.
Delayed medical treatment complicates this timeline because the MTA will argue your injuries aren't from their negligence if you waited weeks to see a doctor. Common carriers like transit agencies face heightened liability, they must exercise extraordinary care for passenger safety. But proving that care failed gets harder when there's a treatment gap.
Get evaluated immediately and request the incident report through FOIL if the agency hasn't provided it. Station cameras capture everything, but footage gets overwritten fast. Schwartzapfel Holbrook knows which forms to file with which agency, because confusing LIRR procedures with subway claims kills cases before they start.
Bus route numbers and vehicle identification matter more than driver names. The MTA's internal investigation depends on precise trip details, document the bus number, route, and exact time. Your Notice of Claim under General Municipal Law § 50-e has a 90-day deadline, and vague accident descriptions kill claims against government entities.
Photograph mechanical defects immediately. Broken handrails, faulty wheelchair lifts, or worn steps disappear after maintenance visits. Station accidents need hazard documentation before cleaning crews arrive, wet floors, broken tiles, or malfunctioning escalators that the MTA claims they didn't know about.
Transit cameras capture different angles than car crashes. Note MTA employee witnesses separately from passengers, their statements carry more weight in common carrier liability cases. Don't assume police will respond; many subway incidents don't generate automatic reports. Request the conductor's name and any announcements they made before the accident.
Government transit accidents create unique evidence problems. Bus operators often file incident reports claiming passenger error, "sudden stop caused fall" or "passenger wasn't holding on." The MTA has ninety days to receive your Notice of Claim, so documentation timing matters.
We immediately FOIL surveillance footage from buses and stations. These videos disappear fast, and transit authority lawyers know it. Operator training records, vehicle maintenance logs, radio communications, all discoverable once litigation starts.
Common carriers like the MTA owe passengers the highest duty of care under New York law. That means proving they breached safety protocols, not just that you fell. Internal safety bulletins, accident frequency reports, prior complaints about specific routes, this paper trail builds liability cases that driver statements can't defeat.
Government transit entities can't escape their heightened duty of care just because you contributed to the accident. Common carriers like the MTA owe passengers extraordinary safety obligations that often outweigh individual fault.
Your comparative negligence might be 30% for not holding a handrail when the subway lurched, but the MTA still breached its duty if defective brakes caused that sudden stop. The 90-day Notice of Claim deadline doesn't wait for fault determinations, file immediately and sort percentages later during litigation. Transit agencies have teams of lawyers specifically trained to shift blame onto passengers, claiming intoxication, distraction, or failure to follow safety procedures.
Station surveillance footage frequently captures these incidents, but you need FOIL requests filed quickly before the footage gets overwritten. Even substantial passenger fault rarely eliminates viable claims entirely given the special relationship between common carriers and their passengers.
Transit accidents involve heightened duty standards because the MTA and NYCT are common carriers. They must exercise extraordinary care for passenger safety, a much higher bar than regular motorists face.
Bus-pedestrian fault analysis focuses on whether the operator followed Transit Authority rules: proper mirror checks, staying in designated lanes, yielding at stops. We obtain the bus operator's daily vehicle inspection report, GPS data showing speed and braking, and internal incident reports through FOIL requests. These cases often hinge on whether the MTA maintained safe boarding areas and proper signage.
The 90-day Notice of Claim deadline is absolute, miss it and you're done. But proving the government entity's fault requires different evidence than regular car cases. Security cameras at bus stops, maintenance records for traffic signals, and operator training files become crucial. The burden shifts when a common carrier injures someone; they must prove they weren't negligent.
Government liability changes everything when MTA buses collide with private vehicles. The bus driver might not be at fault, but as a common carrier, the MTA owes passengers an extraordinary duty of care. That heightened standard means they can be liable even when another driver caused the crash, if the bus operator could've avoided it through superior skill and caution.
Your 90-day Notice of Claim deadline against the MTA starts running immediately, regardless of fault determination. Don't wait for the police report or insurance adjusters to figure out liability. Meanwhile, standard three-year statutes apply to the private vehicles involved. The MTA's surveillance systems and GPS tracking provide detailed evidence of speed, braking, and driver response times, but only if you request the records through FOIL before they're destroyed.
MTA operators undergo mandatory drug and alcohol testing after serious accidents. Those results become part of your case file, but you'll need to file your Notice of Claim within 90 days regardless of what the toxicology shows. The heightened duty of care standard for common carriers means even a single beer puts the bus driver in violation of their professional obligations.
Station surveillance often captures the moments before impact. We've seen footage of train engineers texting seconds before crashes, bus drivers weaving between lanes while intoxicated. The MTA's own incident reports typically document these behaviors because federal transportation regulations require detailed post-accident investigations. That paperwork trail strengthens your claim significantly compared to regular car accidents.
Government adjusters work faster than private insurers because they know the 90-day Notice of Claim deadline can eliminate your case entirely. They'll contact you within days, hoping to wrap up your claim before you understand the MTA's heightened duty of care as a common carrier.
These calls always include questions about whether you were holding handrails or standing in safe zones. Transit authorities maintain detailed incident protocols, but adjusters won't mention that broken handrails or faulty announcements contributed to your fall. They're gathering evidence to blame passenger behavior instead of system failures.
Surveillance footage from buses and stations gets overwritten on regular cycles. While you're answering questions about your injuries, crucial video evidence is disappearing. The adjuster already knows what that footage shows, they're testing whether your version aligns with their evidence.
Transit cases play by different rules entirely. The MTA and municipal bus operators are government entities with special claims procedures, you had exactly 90 days to file a Notice of Claim, and they're banking on procedural mistakes to limit their exposure.
Common carriers owe passengers heightened care compared to regular drivers. That subway door that closed on you? The bus that braked suddenly without warning? These aren't just unfortunate accidents, they're breaches of the special duty transit operators have toward riders. Government settlements tend to be conservative because they know most people won't pursue litigation against public entities. Before accepting anything, verify your injuries meet the serious injury threshold and consider whether you'll need ongoing medical treatment that isn't covered in their offer.
Government transit entities play by different rules than private insurers. The MTA will deny based on sovereign immunity arguments or claim your 90-day Notice of Claim filing was procedurally defective. They know most accident victims miss this deadline entirely, which bars your case permanently.
Transit denials often argue the operator followed training protocols or that dangerous platform conditions were "open and obvious." We counter with Freedom of Information Law requests for maintenance records, surveillance footage, and operator files the agency prefers keeping confidential. Common carriers like the subway system owe passengers heightened care beyond ordinary negligence standards. Municipal defendants have substantial resources but also vulnerability to procedural challenges we know how to exploit.
Bus passengers occupy a unique position when uninsured third parties cause crashes. Government transit operators like NYCT and MTA carry substantial liability coverage that often becomes your primary source of recovery, making MVAIC secondary or unnecessary entirely.
Here's the advantage: government entities can't hide behind no-fault limitations like private parties. If an uninsured driver T-bones your bus, you can pursue the transit authority if their driver contributed to the crash through poor defensive driving or traffic violations. Your 90-day Notice of Claim against the MTA runs independently from any MVAIC deadlines, so file both immediately. Transit operators also maintain comprehensive video surveillance systems that capture crashes better than typical roadway cameras, providing crucial evidence for your case.
Government transit accidents create insurance layer confusion when third-party drivers are underinsured. The MTA carries substantial coverage, but when an outside motorist with minimal limits crashes into your bus, you're chasing multiple insurance sources that don't coordinate well.
You've got 90 days for your Notice of Claim against the MTA while simultaneously preserving rights against the underinsured driver. Miss either deadline and you're done. The MTA's insurance might handle immediate medical costs, but long-term disability claims often exceed what their passenger coverage provides for third-party accidents. Your SUM coverage fills that gap, but only after exhausting the other driver's inadequate policy. Document everything immediately because government entities will scrutinize every aspect of your claim, from the third-party driver's negligence to your own actions as a passenger.
Government transit accidents create insurance coverage gaps that private companies exploit. Your health insurer sees "MTA bus collision" and immediately points to the authority's self-insurance program, denying your claims while you wait months for the 90-day Notice of Claim process to unfold.
Here's what they don't tell you: the MTA's coverage obligations don't eliminate your right to use your own insurance first. But health insurers prefer to let government bureaucracy play out rather than advance payments they might recover later. Meanwhile, your medical providers get frustrated with claim denials and start demanding cash payments.
The timing pressure is real. While insurance companies debate primary versus secondary coverage, that Notice of Claim deadline with New York City isn't negotiable. Miss it by one day, and your entire case against the transit authority disappears, regardless of which insurer eventually covers your medical bills.
Government transit cases involving spinal injuries face the brutal 90-day Notice of Claim deadline, miss it and even catastrophic injuries become worthless. MTA buses, NYCT subways, and municipal carriers owe passengers heightened duty of care, creating stronger liability arguments than typical auto accidents. A cervical disc herniation from sudden bus braking might settle for $200,000-350,000, but government defendants fight aggressively with experienced counsel.
The advantage? Common carrier liability standards are stricter. When an MTA bus driver causes whiplash by failing to brake gradually, the heightened duty of care increases settlement leverage. Preserve surveillance footage immediately through FOIL requests, transit authorities routinely destroy video evidence after 30-60 days. These cases take 2-3 years to resolve, but the insurance coverage is typically solid.
Transit accident injuries follow a cruel timeline. Your body gets jolted when the Q train slams its brakes, but the real damage shows up when you try to get out of bed the next morning. Sudden stops, platform falls, and bus collisions frequently cause soft tissue injuries that worsen over 48 hours.
Government entities play by different rules. The MTA, NYCT, and Port Authority require a Notice of Claim within exactly 90 days of the incident, not 90 days from when symptoms appear. This isn't negotiable. Courts dismiss cases filed on day 91, regardless of how severely you're injured.
File your Notice of Claim immediately, even if you feel fine. You're not committing to specific injuries or damage amounts. You're preserving your legal rights against a government defendant. Common carriers owe passengers heightened care, but that advantage vanishes if you blow the filing deadline. Better to file early and amend later than lose your case entirely.
Common carriers like the MTA must provide the highest level of care to passengers. When subway doors slam shut on your head or a bus stop launches you into a pole, that heightened legal duty works in your favor.
File your 90-day Notice of Claim immediately, even while you're still figuring out if those headaches mean something serious. The government won't extend this deadline because you're getting brain scans. MTA incident reports typically read like fiction, "passenger fell, no injuries observed." Get independent medical evaluation. Obtain surveillance footage through FOIL requests before it gets deleted. Transit authority insurance adjusters love claiming platform falls happened because passengers were drunk or distracted. Detailed neurological records proving cognitive deficits make those defenses much harder to sell to a jury.
Government transit cases involving permanent injury face strict procedural hurdles. You have exactly 90 days to file a Notice of Claim against the MTA, or your case dies regardless of disability severity. No extensions. No exceptions under General Municipal Law § 50-e.
Transit permanent disability cases often require engineering testimony beyond medical proof. Was the subway platform defectively designed? Did the bus operator fail to secure wheelchair passengers properly? The MTA maintains extensive maintenance records we can obtain through FOIL requests. Their insurance coverage is substantial, but they fight every claim with teams of lawyers and medical experts. Spinal cord injuries from escalator malfunctions or brain trauma from platform falls can yield seven-figure recoveries, but only when liability is established through proper engineering analysis and comprehensive medical documentation.
Underground derailments create claustrophobic terror that surface accidents can't match. You're trapped in a metal tube with sparks flying and nowhere to run. The mechanical shriek of emergency brakes echoes for months afterward.
Transit accidents produce unique psychological signatures, commuters who rode subways daily suddenly can't enter stations without hyperventilating. The enclosed environment amplifies trauma because escape routes are limited. Document symptoms immediately while filing your MTA Notice of Claim within 90 days, psychological injuries need time to fully manifest, but that deadline won't wait. Treatment providers should understand transportation-specific phobias and how losing subway access affects employment when your job depends on mass transit reliability.
Transit injury values depend on proving the MTA failed its heightened duty of care as a common carrier. Unlike regular accidents, transit agencies must exercise "extraordinary care" for passenger safety. That's a higher legal standard than ordinary negligence.
The 90-day Notice of Claim deadline is absolute, miss it and you lose your right to sue the government entirely. Platform accidents involving broken tiles or inadequate lighting can be worth hundreds of thousands when we prove the MTA had constructive notice of the hazard. Bus door injuries, slip-and-falls on wet subway stairs, and sudden-stop injuries all fall under different liability theories. Government entities often settle to avoid trial exposure, especially when FOIL requests reveal prior complaints about the same hazardous condition.
Government liability caps change settlement calculations completely. The MTA faces statutory damage limits that don't apply to private defendants, your spinal injury might justify $2 million against a taxi company but hit artificial ceilings against NYC Transit. This restriction feels unfair, but it's built into the law.
Notice of Claim deadlines at 90 days aren't suggestions. Miss that window and your case dies regardless of injury severity. But filing early also triggers document preservation, bus surveillance footage, maintenance records, incident reports that routinely vanish without legal pressure. Common carrier status works in your favor though. Transit agencies owe passengers heightened care beyond ordinary negligence standards.
Station defects create premises liability separate from vehicle accidents. Broken escalators, inadequate lighting, platform gaps, these infrastructure failures generate settlements when they cause injuries. FOIL requests for maintenance records often reveal known hazards that went unfixed, strengthening your position significantly.
Government transit entities face different damage rules entirely. The MTA, NYCT, and municipal bus operators operate under liability caps, but passengers can still recover significant compensation. Common carriers owe heightened duty of care, sudden stops that cause injuries create liability even without collision impact.
Platform accidents from defective escalators or broken tiles trigger premises liability claims. Station lighting failures, inadequate warning signs, or construction hazards all generate municipal responsibility. No PIP coverage applies here, your health insurance handles immediate medical bills while claims develop.
The 90-day Notice of Claim deadline is absolute. Miss it and your case dies before filing suit. Transit surveillance footage disappears quickly, making immediate evidence preservation critical. FOIL requests for incident reports and maintenance records often reveal prior knowledge of dangerous conditions.
Government transit entities scrutinize future medical claims more aggressively than private defendants. The MTA employs teams of doctors to review whether your proposed treatments are truly necessary or just expensive wishful thinking.
Transit accidents cause devastating injuries because passengers have no protection during sudden stops or platform falls. When a subway door malfunctions and traps your leg, or you're thrown during an abrupt brake event, the resulting orthopedic damage often requires years of specialized care. Under the common carrier doctrine, transit authorities owe heightened care to passengers, but they'll still challenge every future surgery or therapy session. Your medical team must provide detailed opinions explaining why future treatment isn't optional. Vague recommendations won't survive the MTA's medical review process, especially when you're seeking coverage for expensive procedures like spinal fusion or joint replacement.
That 90-day Notice of Claim against the MTA or NYC Transit isn't negotiable, but filing it doesn't mean quick resolution. Government agencies operate on their own timeline, not insurance company deadlines. The MTA's Risk Management division handles hundreds of bus and subway accident claims annually.
Common carrier liability gives transit passengers stronger legal protection, but government lawyers defend these cases methodically. They'll demand surveillance footage from multiple cameras, interview every witness, and challenge medical causation aggressively. FOIL requests for incident reports often take 60-90 days alone.
Platform accidents at subway stations might settle within a year if premises liability is clear. But bus collision cases with serious injuries? Plan on 18-24 months. Government entities rarely rush to settlement, especially when significant damages are involved.
Transit accident cases involving the MTA or NYC Transit automatically face a higher litigation probability than standard personal injury claims. Government entities rarely offer meaningful settlements without formal discovery pressure, mainly because they're defending public funds and setting precedents for future claims.
Here's what changes the equation: that 90-day Notice of Claim deadline under General Municipal Law § 50-e. Miss it, and your case disappears regardless of how serious your injuries are. File it properly, and you're still looking at extensive litigation because transit authorities don't voluntarily produce maintenance records, operator training files, or platform surveillance footage.
Common carrier liability gives these cases strong trial value. Juries expect subway operators and bus drivers to maintain higher safety standards than regular motorists. When an MTA bus runs a red light or a subway platform has inadequate lighting, Manhattan juries typically hold the authority accountable. That trial strength eventually drives settlement negotiations.
Transit vehicle-truck crashes trigger dual government procedures that most attorneys miss. You still need that 90-day Notice of Claim for the MTA, but the trucking company operates under completely different federal insurance requirements. Commercial motor carriers face $750,000 minimum coverage, often running $5 million for hazardous materials.
Common carrier liability means your bus or train operator owed you the highest duty of care, more than regular drivers. When both vehicles have professional drivers, we examine whether either violated federal regulations. Truck drivers can't use handheld devices under 49 CFR Part 392.82, while MTA operators follow different distracted driving protocols. Grade crossing accidents involving trucks and trains require Federal Railroad Administration incident reports, which take months to obtain but contain crucial speed and braking data.
MTA buses colliding with rideshare vehicles create overlapping government and corporate liability. You must file a Notice of Claim against the transit authority within 90 days, but you can simultaneously pursue both drivers' insurance coverage.
Common carriers like NYC Transit owe passengers a heightened duty of care beyond normal driving standards. That's separate from whatever rideshare coverage applies based on the other driver's app status. When fault's shared, you're not choosing between the MTA and Uber, you're collecting from both.
The rideshare company's $1 million policy applies during active periods, but their driver might also carry TLC-mandated commercial coverage in New York City. We request MTA incident reports through FOIL procedures while sending preservation notices to the rideshare company for GPS and passenger data. Don't let either insurer deflect responsibility to the other while your treatment gets delayed.
Transit police vehicles that cause accidents trigger different procedural rules than regular MTA bus crashes. Port Authority police, MTA police, and NYCT safety officers each fall under separate government entities with distinct claims procedures. A PATH train security vehicle that rear-ends your car at Journal Square requires filing against the Port Authority, not New York City.
These cases often involve federal jurisdiction questions that municipal vehicle accidents don't face. Interstate transportation authorities like the Port Authority operate under different immunity doctrines than city agencies. The 90-day notice rule still applies, but determining which government entity actually employs the driver can be tricky. A Metro-North police officer's negligence goes through the MTA's claims process, while an Amtrak security vehicle follows federal tort procedures entirely.
Government liability rules flip everything when MTA buses or LIRR trains strike pedestrians. You've got 90 days maximum to file a Notice of Claim, not from when you discover your injuries, but from the accident date. Miss this deadline and even the strongest case dies permanently.
MTA operates commuter rail. NYCT runs subways and city buses. Each requires different claim procedures, different addresses, different forms. When a cyclist gets hit by a bus pulling from a stop, or a pedestrian falls into the subway tracks due to platform overcrowding, identifying the correct government entity matters as much as proving negligence.
Common carriers owe heightened duty of care to passengers and the public, but municipal lawyers know every procedural trap. They'll argue governmental immunity, claim the driver was responding to an emergency, or challenge whether their employee was acting within scope of employment. Government defendants have deeper pockets than individual drivers, but also better lawyers and sovereign immunity defenses.
MTA accidents don't follow regular rules. General Municipal Law § 50-e gives you 90 days to file your Notice of Claim, period. That three-year statute means nothing if you miss the 90-day window against the government entity that actually owns the subway platform where you fell.
Transit agencies create their own deadlines through claims procedures. NYCT wants incident reports within days. LIRR has different forms than Metro-North. The bus that hit you might belong to the city, MTA, or a private contractor, getting this wrong restarts your 90-day clock with the correct defendant, assuming you still have time left.
Common carrier liability gives you stronger legal protections than regular negligence cases, but proving the MTA breached their heightened duty requires evidence. Platform surveillance footage exists, but won't survive years of litigation. Radio communications between train operators get overwritten. The Freedom of Information Law process for MTA records takes months even when started immediately.
Transit police vehicles create jurisdictional nightmares when they strike passengers boarding buses or exiting subway stations. MTA Police accidents require Notice of Claim to the MTA within 90 days, while NYPD patrol cars hitting transit passengers need notice to the city comptroller. The common carrier's heightened duty of care applies to the bus operator, not the police vehicle that caused the collision.
Port Authority police accidents at bus terminals or airports follow federal guidelines that don't mirror state court procedures. Whether it's PATH train enforcement or airport security vehicles, identifying the correct government entity matters more than the 90-day deadline itself. FOIL requests for dashcam footage from government vehicles must happen quickly, most agencies purge recordings after 30-60 days unless litigation hold applies.
Government transit authorities operate under rules that will end your case before it starts. The MTA, NYCT, and municipal bus systems require Notice of Claim filings within 90 days, period. This isn't a suggestion or a preferred timeline. Miss day 91 and your case is dead, regardless of how catastrophic your injuries are or how obvious the transit authority's negligence was.
Transit surveillance footage gets recycled faster than private businesses because government entities follow strict data retention policies. Bus operator incident reports disappear into bureaucratic filing systems that become nearly impossible to navigate through FOIL requests months later. Station maintenance logs showing that broken escalator or defective platform edge get archived where they can't help prove your case. Common carriers owe passengers heightened duty of care under state law, but proving they breached it requires grabbing evidence while it still exists.
Transit authority claims die at 90 days without proper Notice of Claim filing. Courts grant extensions only for unconsciousness or mental incapacity, so we file immediately against MTA, NYCT, and NYC Transit while investigating. Freedom of Information Law requests reveal maintenance schedules, employee complaints, and prior incidents that prove pattern negligence.
Common carrier duties exceed normal driver responsibilities. Bus operators can't brake without warning standing passengers. Subway platform defects include inadequate lighting, missing tactile strips, and broken escalator safety features. We subpoena training records showing whether operators followed emergency protocols because transit juries expect professional transportation standards, not just reasonable care.
Transit accident cases work on contingency because government entities have unlimited litigation resources. No recovery means no attorney's fees - simple as that.
MTA and NYCT cases require immediate action due to the 90-day Notice of Claim deadline under General Municipal Law § 50-e. Missing that deadline kills your case entirely. Bus accidents, subway platform falls, and LIRR incidents all follow different procedural rules despite involving government transit agencies. We often spend months obtaining surveillance footage and maintenance records through FOIL requests before settlement discussions begin.
Common carriers owe passengers the highest duty of care under New York law. That heightened standard works in your favor, but it also means these cases require extensive investigation. Transit authorities employ full-time defense counsel specifically to minimize payouts. The contingency structure ensures you can match their legal firepower without depleting your savings while recovering from injuries that shouldn't have happened with proper safety protocols.