If you live in New York City, you are more than likely familiar with the Metropolitan Transportation Authority (MTA). While New Yorkers rely on the MTA every day, negligence happens all too often, which leaves many riders injured and searching for answers.
On This Page:
Types of MTA Accidents
Whether you ride the subway between Manhattan, Queens, Brooklyn, and the Bronx, or rely on one of the hundreds of bus routes, you probably utilize the MTA daily or at least weekly. When you or a loved one are the victims of an MTA accident, the New York personal injury laws and procedures regarding MTA accident claims matter a great deal.
The best way to gain accurate information regarding how to pursue compensation after an MTA accident and your deadlines for doing so is to work with an experienced MTA accident lawyer at Hecht, Kleeger & Damashek, P.C. With decades in the field and hundreds of millions of dollars recovered, we have the experience you need and know what you are up against. Most importantly, we have a record of securing maximum compensation in cases like yours.
Contact us as soon as possible or call 212-490-5700 to schedule a free initial consultation
The Metropolitan Transportation Authority
The MTA is a public benefit corporation owned by New York state. The MTA is responsible for public transportation throughout the state’s 12 counties as well as two counties in Connecticut. The MTA consists of commuter rails, the subway, and local and express bus routes. It is the largest public transit agency in North America, as well as one of the largest in the world with daily ridership hitting 8.6 million in 2017.
Because the MTA is a state transportation agency, the procedures and laws regarding how and when you may file an injury claim against it differ from traditional personal injury claims. If you were injured in an MTA train accident or bus accident, we recommend calling our MTA lawyers right away. It is best to get started on your injury claim immediately.
Bus Accidents
At Hecht, Kleeger & Damashek, P.C., we routinely handle claims arising from MTA bus accidents. We are here to help you pursue fair compensation if you are injured in a crash caused by:
- Inadequately trained and/or unqualified bus drivers
- Inexperienced bus drivers
- Fatigued driving
- Distracted driving
- Speeding
- Failing to adhere to traffic signals and signs
- Following too closely
- Intoxicated driving
- Failing to keep a lookout
- Failing to check blind spots
- Negligent bus maintenance
- Defective bus or parts
Whether you were injured while riding a New York bus or were injured in a bus collision with a vehicle, pedestrian, or cyclist, call us right away. We will promptly gather the facts of the accident, document your injuries, and file a notice of a lawsuit with the appropriate transportation agency.
Subway Accidents
As a New Yorker or visitor, it is natural to rely on the subway and other commuter trains to get around. It can be considerably faster to ride the subway than to drive around the city with its congested traffic. However, NYC train accidents occur for a variety of reasons:
- Underqualified and poorly trained operators
- Negligent hiring and retention
- Negligent engineering
- Negligent maintenance
- Brake and system failures
- Defective train parts
If you are injured while riding the subway or another train in New York or hurt in a vehicle collision with a train, call an MTA accident lawyer immediately. Our MTA attorneys are here to quickly act on your behalf and take steps to obtain the maximum compensation possible for your physical, emotional, and financial injuries.
Strict Time Limits for MTA Claims
Be aware there is a 90-day period for filing a Notice of a Claim against the MTA or its subsidiaries.
This means that if you were injured in an accident with a train or bus controlled by the MTA or a part of the MTA like the New York City Transit Authority, you must file your Notice of Claim within 90 days from the date of the accident.
This is an incredibly fast response, especially considering that you are probably still recovering from and learning the extent of your injuries. Unfortunately, you cannot take your time to heal before considering your legal options. You need a lawyer as soon as possible to get started on preserving your right to pursue compensation through an injury claim.
This deadline should not be confused with the New York statute of limitations for filing a lawsuit. The 90-day deadline is for filing Notice of a Claim. The time limit for filing a lawsuit related to your MTA accident injuries is one year and 90 days from the date of the accident. However, if you fail to first file a notice of claim you will be barred from filing a lawsuit.
Filing the Notice of a Claim
While filing your Notice of Claim within 90 days of the accident is a critical step, it is not the same thing as filing a lawsuit. The Notice of Claim is a document that you submit to the MTA or other appropriate agency that notifies the agency that you were injured in an accident involving one of the agency’s vehicles and that you are pursuing compensation.
The Notice gives the agency the chance to respond and resolve the matter without having to take the claim to court.
The Notice of a Claim will include:
- Your name and address
- Nature of your claim, including the time and location of the accident
- The nature of your injuries
- The compensation you seek
Under New York General Municipal Law Section 50-E, there are several specific requirements regarding what the notice must include and say. By working with an attorney, you ensure your Notice contains the proper information, is filed with the correct agency, and is filed timely.
After any injury-causing accident with some form of public transportation, we recommend calling a lawyer right away. An MTA accident lawyer from Hecht, Kleeger & Damashek, P.C. will quickly investigate the accident that led to your injuries, identify the agency responsible, and preserve your right to compensation by promptly filing your Notice of a Claim.
Where and How to File Your Notice of Claim
It is important to note that many claims against New York City agencies usually can be filed with the Comptroller’s Office, but not most transportation accident claims. If you have a claim against the MTA; the MTA Bus Company; Staten Island Rapid Transportation Authority; Manhattan, Bronx Surface Transit Operating Authority; the Triboro Bridge & Tunnel Authority; or New York City Transit Authority then your claim must go directly to that appropriate agency.
Your Notice must be delivered to the agency by personal delivery, registered or certified mail, or in some cases, by the eClaim system. You should speak with a lawyer about filing a claim on your behalf. We will draft a Notice of Claim in accordance with New York law and ensure it is appropriately served on the MTA or other relevant agency.
How to Sue the MTA
If you are injured in a New York train or bus accident, it is vital to talk with an MTA accident lawyer. You cannot jump to filing a personal injury lawsuit against the MTA. You must begin with filing a Notice of Claim. In this way, you may be able to secure an appropriate MTA train or bus accident settlement.
If the MTA or other relevant agency does not respond, denies your claim, or refuses to settle the matter appropriately, then you should discuss filing a lawsuit with your attorney.
It is imperative to have an experienced lawyer guide you through filing a lawsuit against an agency. New York Public Authority Law §1276 sets out several requirements for what is necessary to file suit. For example, you must wait at least 30 days after filing your Notice of Claim with the agency.
Like with filing Notice, there are many specific procedural rules you must follow for an MTA lawsuit. Our attorneys at Hecht, Kleeger & Damashek, P.C. will make sure your personal injury complaint is properly drafted and filed.
MTA Accident Compensation
If you are injured in a train or bus accident in New York, contact Hecht, Kleeger & Damashek, P.C. right away. We will immediately begin the administrative claim process with the appropriate transportation agency. If the agency does not sufficiently resolve your claim, then we will pursue full and fair compensation for your damages through a personal injury lawsuit.
In either case, we will strive to ensure you are compensated for your:
- Medical Expenses
- Lost Wages
- Pain and Suffering
- Emotional Distress
- Disfigurement
- Disability
- Reduced Earning Capacity
- Loss of Normal Life
Let an MTA Accident Lawyer Help You
Injury claims against the MTA or other transportation agencies in New York are complicated. Instead of following the typical claims process you would utilize after a car or truck accident, you are forced to adhere to highly specific administrative processes and laws. When you are dealing with MTA bus or train accident injuries, you will likely not have the time or capacity to do everything yourself. Instead, it is far safer and more effective to rely on the experienced and aggressive MTA lawyers at Hecht, Kleeger & Damashek, P.C.
To move forward with an MTA injury claim, contact us online right away or call 212-490-5700 to schedule your free, no-risk case consultation.
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07/05/2015
I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
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07/05/2015
I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
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