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Injured by the MTA? Our Lawyers Can Help

The MTA oversees multiple agencies that provide specified services throughout its area of operations. These agencies maintain commuter trains, subways, and buses throughout the MTA’s jurisdiction.

At Hecht, Kleeger & Damashek, P.C., our skilled and knowledgeable MTA claim lawyers are ready to hear your story, investigate your case, and advise you of your legal options. We have decades of experience and have recovered hundreds of millions of dollars for clients in your position. We know what it takes to pursue compensation in an MTA claim and how to secure every dollar you deserve.

Contact us as soon as possible or call 212-490-5700 to schedule a free initial consultation

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Understanding the MTA & Personal Injury Claims

Public transportation offers New Yorkers freedom and convenience. As the largest public transportation agency in North America, the MTA provides transportation in New York City, along the southeastern part of NY, and Connecticut. With millions of passengers every day, 665 miles of subway track, and several buses operating within the five boroughs, accidents can happen.

The City” reported there were 234 reported incidents of people getting hit by trains, with 88 fatalities, in 2022, the most recent available numbers. Not all those incidents were caused by negligent MTA employees. But you should know that when someone employed by the MTA causes your injuries, you can take actions to protect yourself and your loved ones. We can help you secure compensation with a personal injury claim.

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Examples of MTA Negligence in New York City

Because the MTA oversees trains and buses, there are many ways a negligent MTA employee can cause your injuries and, therefore, should be held responsible.

Drivers or operators could be unqualified, fatigued, distracted, or operating a vehicle while under the influence. They might have failed to inspect their vehicle properly, increasing the chance of equipment failure. They may be using a vehicle with defective parts, meaning the manufacturer could be held liable.

Not every case is the same, so knowing how you were injured will direct your attorney as you work to pursue a personal injury claim against those responsible for your damages.

How Personal Injury Claims Work the MTA

When pursuing a personal injury claim against a government body like the MTA, you should be aware that these procedures are different than other typical personal injury claims.

You’ll have 90 days to file a Notice of Claim, which announces to the MTA you’re choosing to pursue a claim against the agency or its subsidiaries. Without a claim, you could be disbarred from getting compensated for your damages.

This 90-day limit is different than the statute of limitations for an MTA personal injury claim. You’ll have one year and 90 days to file a lawsuit. Without a notice of claim, you can’t file a lawsuit.

infographic about personal injury claims against the MTA in New York

infographic about personal injury claims against the MTA in New York

Compensation Available for MTA Accident Injuries

The compensation you can recover after a personal injury accident with an MTA entity will depend on different factors, like the severity of your accident and if you share any of the blame for the accident.

You can pursue compensation for the economic and non-economic losses you experienced from your injuries. Your attorney can help you calculate what you’re owed.

Your economic losses can include the tangible losses incurred by the accident. That might include your current or future medical expenses, diminished earning potential, lost wages, or damaged property.

Non-economic losses are the intangible losses you experience because of the accident. These can be difficult to calculate because they do not have strict financial value. Your pain and suffering doesn’t come with a receipt, but you can be compensated for it after an accident. You can also pursue a settlement for your emotional damage, disfigurement, or loss of companionship.

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
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Filing an MTA Lawsuit

If you’ve been hurt by an MTA train, subway, or bus, you need to follow the proper steps to ensure the best chance at a successful lawsuit. You won’t be able to immediately leap into a lawsuit against the transportation authority. As mentioned above, you have to start with a Notice of Claim.

Filing Your Notice of Claim

The Notice of Claim must be filed within 90 days of the accident. It will include your name, address, the nature of your claim, your injuries, and the compensation you’re seeking. Your attorney can ensure your notice complies with New York General Municipal Law Section 50-E.

You will file your claim with the agency that oversees the entity that caused your accident. For instance, if the MTA bus company caused your injuries, you will file a claim with them. You can file a claim in person, through certified mail, or through the eClaim system. Our MTA Lawyers will help you file your claim.

Waiting for the MTA’s Response

Once you’ve filed your Notice of Claim, you’ll need to wait on the MTA’s response. If they agree to compensate you for your injuries, you can negotiate a settlement with them. However, if they do not respond, denies your claim, or refuses to settle the matter, 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.

At HKD, we are proud to have helped many clients receive significant and life-changing personal injury settlements and court rulings.

MTA Accident FAQs

What if I Don’t Think I Have a Case?

You should discuss your accident with a skilled personal injury attorney, like the MTA lawyers at HKD. Even if your injuries seem minor, you should protect your chance at compensation by talking to a lawyer and working on a Notice of Claim. We understand that some cases appear less severe than others, but we can offer you a free consultation — you won’t pay unless you win a settlement.

What Kind of Timeline do MTA Cases Have?

Like other cases against government bodies, your case could take longer than typical personal injury claims. There are backlogs, high volume of cases, and other factors that could interfere with your timeline. But by working with an experienced attorney, you can protect your compensation.

Can I Recover Compensation if I was Partially at Fault?

Yes. Even if it’s determined that you hold some blame for your injuries, you can recover compensation. The amount of your settlement will be adjusted by the amount of your fault.

What Are The Differences In An Injury Case Against A Private Party vs A Public Entity?

Video Transcript

If an accident occurs on public property, the case proceeds ... normally, as it would as if it were a private owner. The only difference is that there are different deadlines that you have to be careful about. In the case of a municipality, you need to file a notice of claim within 90 days of the accident, and the statute of limitations is shorter than a private defendant.


Read Full Video Transcript

Let an MTA Accident Lawyer Help You

Injury claims against the MTA or other transportation agencies in New York are complicated. 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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