A routine ride on a NYC subway or bus can turn into a serious accident within mere seconds. Passengers can be thrown to the floor with a sudden stop, caught in a closing door, or injured in a collision.
If the Metropolitan Transportation Authority (MTA) was responsible for the conditions that caused your injury, you may have legal grounds to pursue the agency for compensation. However, MTA claims are subject to special rules that make these types of cases very different from other personal injury claims.
At the Law Office of Jeffrey K. Kestenbaum, we’re here to help you act quickly and get the compensation you deserve.
When Can You File an MTA Accident Claim?
The fact that your injury occurred on an MTA vehicle does not automatically make the MTA liable. You must be able to establish negligence by the MTA or one of the several agencies it operates through.
It’s essential to name the correct party in your claim to avoid delays or invalidation. For example, New York City Transit operates the subway and many local buses, while the MTA Bus Company and MaBSTOA run additional routes.
You may be entitled to file an MTA claim and hire an MTA accident lawyer to investigate issues such as:
- A transit driver’s careless or unsafe operation
- Doors closing on passengers
- Dangerous starts, stops, or turns
- Defective or poorly maintained equipment
- Hazardous conditions at bus stops or subway stations
- Collisions involving MTA transit vehicles
- Injuries from the gap between trains and platforms
Don’t Miss the 90-Day Notice of Claim Deadline
One of the biggest mistakes you can make as an injured passenger is waiting too long to pursue an MTA accident claim. New York law requires a person pursuing a claim against a public entity like the MTA or NYC Transit Authority to serve a Notice of Claim within 90 days of the accident.
You must usually file a lawsuit within a year and 90 days, subject to the circumstances of your case. There are no guarantees that the court will allow a late Notice of Claim, so it’s not worth putting your case at risk.
The MTA may also require you to participate in a 50-h hearing, which is a sworn examination that involves questioning you about how the accident occurred, your injuries, and other relevant details.
What Can MTA Claims Cover?
Once your MTA accident lawyer helps establish negligence, an injured passenger could recover compensation for accident-related losses, including:
- Medical treatment
- Rehabilitation expenses
- Lost wages
- Reduced future earning capacity
- Pain and suffering
The potential value of any MTA claim depends on the severity and permanence of a person’s injuries, as well as their financial losses and the extent to which the accident affected their daily life.
How a Brooklyn Bus Accident Lawyer Can Help
As your Brooklyn bus accident lawyer or subway claim attorney, we will investigate your accident, determine which MTA entity is responsible, identify potential evidence and witnesses, prepare the Notice of Claim, and help you navigate the 50-h hearing.
The Law Office of Jeffrey K. Kestenbaum represents New Yorkers injured in bus and subway accidents. We understand the procedures involved in MTA claims and will fight to hold the responsible parties accountable.
Frequently Asked Questions About MTA Claims
How long do I have to file an MTA claim?
You must generally serve a Notice of Claim within 90 days of the accident and file a lawsuit within one year and 90 days.
Can I sue the MTA after a bus or subway accident?
Yes, if the MTA or related transit agency caused your injuries, you may be able to pursue an injury claim.
What is a 50-h hearing?
A 50-h hearing is a sworn examination that precedes a lawsuit and may require you to answer questions about the accident and your injuries.
Why hire an MTA accident lawyer?
MTA claims often require a short Notice of Claim deadline and specialized procedures that benefit from an MTA accident lawyer’s help. Please contact us online or call 718-237-5586 to discuss your potential case and pursue compensation available under the law.
