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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.

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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:

Subway Train Derailments and Collisions
Bus Driver Negligence or Reckless Operation
Slip and Falls on Platforms and Stations
Sudden Stops and Abrupt Acceleration
LIRR and Metro-North Train Accidents
Defective or Poorly Maintained Equipment
Ferry Accidents on New York Waterways
Collisions Involving Buses and Other Vehicles

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:

Seek Medical Attention Immediately
Even if your injuries seem minor after an MTA bus, subway, LIRR, Metro-North, or NYC ferry accident, get evaluated by a medical professional the same day. New York's no-fault insurance system requires you to seek treatment promptly, and gaps in care can be used against you when establishing the severity of your injuries. Keep records of every diagnosis, treatment, and medical visit, as this documentation forms the foundation of your claim.
Report the Incident to Transit Authority Staff
Notify the operator, conductor, or station agent about your accident before leaving the scene, and ask for a copy of any incident report that is filed. MTA employees are required to log accidents involving passengers, and that internal record can serve as critical evidence in your case. If you were injured on the LIRR or Metro-North, report the incident to on-board crew or station personnel and request the report number for your own records.
Document the Scene and Gather Witness Information
Use your phone to photograph the exact location of the accident, any hazardous conditions, visible injuries, and the vehicle or train car number if you can safely do so. Collect the names and contact information of any fellow passengers or bystanders who witnessed what happened, since witness accounts can be decisive in disputes with the MTA or other transit authorities. Note the time, route number or train line, direction of travel, and the name or badge number of any transit employee you spoke with.
Contact an Attorney Before the 90-Day Deadline
Under New York General Municipal Law Section 50-e, you must file a Notice of Claim against the MTA or any other government-run transit authority within 90 days of your accident, or you risk losing your right to sue entirely. Separately, New York's no-fault rules require you to submit your no-fault application within 30 days of the accident, so time is critical on multiple fronts. An attorney experienced in New York transit accident claims can prepare and file both documents correctly and protect your right to full compensation.

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.

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Questions About Public Transit Accidents in New York