Can You Sue the MTA if You Get Injured in New York?

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Suing the MTA After an Injury: Your Legal Rights in NYC

The Metropolitan Transportation Authority (MTA) is responsible for operating New York City’s subway, buses, and commuter trains, transporting millions of passengers daily. But what happens when negligence leads to injuries?

New York City’s MTA has seen a troubling rise in train-related incidents. In 2022, there were 234 reported cases of individuals being struck by MTA trains, leading to 88 fatalities—an increase from previous years. Reports indicate that track trespassing and unsafe conditions contribute to many of these accidents, raising concerns about MTA safety measures.

If you or a loved one were injured in an MTA subway or bus accident, you may have legal options to recover compensation for medical bills, lost wages, and pain and suffering. However, filing a claim against the MTA is complex, requiring strict legal procedures and deadlines.

Learn more about how to sue the MTA after an accident, or contact our NYC subway accident lawyers to discuss your case

How to Sue the New York City Metropolitan Transportation Authority

While it is possible to sue the MTA for agency and employee negligence, these lawsuits pose many difficulties. While the MTA is not a government agency, it is a corporate entity that is considered a “public authority” and is separate from the State of New York.

It should be noted that New York City and/or the State of New York may also be partially liable for your damages, so you may need to include them in your lawsuit.

Filing a lawsuit against the MTA is different from a typical personal injury claim because the MTA is considered a public authority. While it is not a government agency, it has certain legal protections that make suing for negligence more challenging.

To successfully sue the MTA, your lawyer must prove negligence by showing:

The MTA had a legal duty to ensure passenger safety
The MTA breached that duty (e.g., unsafe conditions, employee negligence)
Their negligence caused your accident
You suffered physical, emotional, or financial damages

When Is the MTA Liable for Injuries?

The MTA is responsible for maintaining safe subway stations, trains, buses, and commuter railways. If the MTA or its employees act negligently, they can be held liable for injuries, including:

Subway Accidents – Slips and falls, train derailments, sudden stops
Bus Accidents – Collisions, reckless driving, unsafe road conditions
Platform Hazards – Lack of safety barriers, broken stairs, poor lighting
Negligent Maintenance – Faulty signals, malfunctioning doors, unsafe train tracks
Employee Negligence – Poor training, distracted operators, failure to assist injured passengers

Your legal team must gather evidence, including security footage, eyewitness statements, and expert testimony, to prove MTA’s liability.

What Compensation Can You Recover in an MTA Accident Claim?

If you file a personal injury lawsuit against the MTA, you may be entitled to compensation for damages, including:

Medical Expenses – Hospital bills, rehabilitation, surgeries
Lost Wages – Compensation for time missed from work and reduced earning capacity
Pain & Suffering – Emotional distress, trauma, PTSD
Permanent Disability – Compensation for life-altering injuries
Wrongful Death – Funeral expenses, loss of financial support

What is a MTA Notice of a Claim?

If you sue a government agency or municipality, you must file a Notice of Claim upon the government within 90 days of the accident date. If you miss this deadline, the court may dismiss your lawsuit without considering the merits of your case.

How to File a Notice of Claim Against the MTA

If you were injured in an accident involving the MTA and believe negligence was a factor, you must follow specific legal procedures to pursue compensation. The first step in filing a lawsuit against the MTA is submitting a Notice of Claim within 90 days of the accident. This is a mandatory legal requirement, and failure to meet the deadline can result in your case being dismissed.

The Notice of Claim formally alerts the MTA that you intend to sue and gives them an opportunity to investigate the incident before legal proceedings begin. Because the MTA is a public authority, injury claims against it follow different rules than standard personal injury lawsuits.

Steps to File a Claim Against the MTA

Complete a Notice of Claim Form – You must fill out a Notice of Claim form, which requires details about the accident, including the date, time, location, nature of the injury, and how the MTA was negligent. This form can be obtained from the New York City Comptroller’s Office or online.
Submit the Notice of Claim Within 90 Days – The completed Notice of Claim must be submitted to the MTA within 90 days of the accident. This can typically be done by certified mail, in person, or electronically through the MTA’s designated filing system.
Attend a Hearing with the MTA – After the MTA receives your Notice of Claim, they will schedule a hearing where you may be required to answer questions under oath regarding the accident and your injuries. This is known as a 50-H hearing, and it is similar to a deposition.
File a Lawsuit Within One Year and 90 Days – If a settlement is not reached after filing the Notice of Claim, you must file a formal lawsuit against the MTA within one year and 90 days from the date of the accident. This is a strict legal deadline, and missing it could forfeit your right to sue.

Why Timing is Crucial in MTA Claims

New York has strict deadlines for suing public entities like the MTA. Missing the 90-day deadline for the Notice of Claim or the one-year and 90-day statute of limitations for filing a lawsuit can result in losing your right to compensation.

Additionally, because the MTA has strong legal defense teams, ensuring that your Notice of Claim is properly completed and filed on time is important. Errors or missing information can result in delays or outright rejection of your claim.

If you have been injured in an MTA subway, bus, or commuter rail accident, it is highly recommended to consult with an experienced MTA accident attorney as soon as possible to ensure your claim is filed correctly and within the required deadlines.

Why Do MTA Accidents Happen?

The MTA is responsible for providing safe and reliable public transportation throughout New York City. However, accidents involving MTA subways, buses, and commuter trains frequently occur due to negligence, poor maintenance, and safety lapses. These accidents can cause serious injuries or even fatalities, leaving victims and their families to deal with medical expenses, lost wages, and long-term suffering.

Common Causes of MTA Accidents

There are several factors that contribute to MTA-related injuries, including:

Train Operator Negligence – Subway and train operators are expected to follow strict safety guidelines. However, distractions, excessive speed, fatigue, or operator error can result in sudden stops, derailments, or platform collisions.
Poor Station Maintenance – Cracked platforms, broken escalators, faulty turnstiles, and inadequate lighting can create hazardous conditions for passengers.
Signal and Track Malfunctions – Outdated infrastructure, defective signals, and track misalignments can lead to train collisions, derailments, or emergency braking incidents that cause passenger injuries.
Lack of Safety Barriers – Unlike other major metropolitan cities, New York City subways lack protective platform barriers that prevent passengers from falling onto tracks. This contributes to a high number of subway-related injuries and deaths each year.
Fires, Derailments, & Sudden Stops – Poorly maintained electrical systems, braking malfunctions, and emergency stops can result in severe injuries or even catastrophic accidents.

Many of these accidents could be prevented if the MTA took stronger precautionary measures. When negligence is a factor, the MTA can be held liable for failing to protect passengers. If you were injured in an MTA accident, you may have a strong case for compensation. Consulting with an MTA accident lawyer can help you determine your legal options.

Common Injuries in NYC MTA Accidents

Due to the high speeds, lack of safety features, and congested conditions of the NYC transit system, injuries from MTA accidents can be severe and life-changing. Some of the most common injuries include:

Traumatic Brain Injuries (TBI) – Head trauma from falls, train collisions, or being struck by an object can cause cognitive impairment, memory loss, and permanent disabilities.
Spinal Cord Injuries – Serious back and spinal injuries can result in paralysis, chronic pain, or mobility limitations.
Broken Bones & Fractures – Passengers who fall onto the tracks, trip on uneven platforms, or are injured in a bus or train collision frequently suffer from fractures and orthopedic injuries.
Soft Tissue Injuries – Torn ligaments, muscle damage, and nerve injuries are common, especially in cases involving sudden stops or falls.
Burns & Lacerations – Electrical fires, train derailments, or broken glass can cause severe burns, deep cuts, and permanent scarring.
Wrongful Death – Many MTA-related accidents result in fatal injuries, especially when passengers fall onto subway tracks or are struck by an oncoming train.

If you or a loved one suffered any of these injuries due to MTA negligence, you may be entitled to financial compensation for medical expenses, lost wages, and pain and suffering.

Taking the MTA to Court: What You Need to Know

Filing a personal injury claim against the MTA can be challenging, as the MTA has extensive legal protections and will aggressively defend against lawsuits. While many MTA accident claims are settled outside of court, some cases may require litigation.

Challenges in Suing the MTA in New York

Government Legal Protections – The MTA, as a public authority, has certain legal immunities, making lawsuits more difficult than standard personal injury claims.
Strict Filing Deadlines – Victims must file a Notice of Claim within 90 days and initiate a lawsuit within one year and 90 days after the accident. Missing these deadlines may forfeit your right to compensation.
MTA’s Legal Defense Teams – The MTA has experienced attorneys dedicated to minimizing payouts and defending against claims. Without proper legal representation, victims may struggle to win compensation.

Why You Need an Experienced NYC MTA Accident Lawyer

Because suing the MTA is complex, working with an experienced NYC transit injury attorney is essential. A lawyer can:

Ensure all legal deadlines are met
Gather evidence of negligence, including surveillance footage and eyewitness testimony
Negotiate with the MTA’s legal team for a fair settlement
Take the case to court if necessary to maximize compensation

If you were injured in an MTA subway, bus, or commuter train accident, don’t face the legal battle alone. Contact an experienced MTA accident lawyer to protect your rights and pursue the compensation you deserve.

Call HKD to Hold the MTA Accountable

When the MTA is negligent and causes injuries, it should be held accountable. This will ensure they maintain best practices and engage in safety measures in the future.

If you or a loved one was injured in a subway or MTA accident, contact the New York personal injury lawyers at Hecht, Kleeger & Damashek today. Call us at (212) 490-5700 or use our online contact form to schedule a consultation.