Can I Sue the MTA? Legal Options After a Subway or Bus Accident in NYC
Accidents involving the Metropolitan Transportation Authority (MTA), including subway accidents and bus accidents, can leave victims with severe injuries and financial burdens. While the MTA provides essential public transportation to millions in New York City, it is also responsible for ensuring passenger safety. If you’ve been injured in an accident involving the MTA, you may wonder if you can sue this government agency and how to navigate the legal process to recover compensation.
Understanding Your Legal Rights Against the MTA
The MTA, as a government entity, operates under certain legal protections, including sovereign immunity, which limits lawsuits against public agencies. However, New York law provides specific exceptions, allowing victims to file claims if the MTA or its employees are found negligent. These claims can cover accidents involving MTA buses, subway cars, or other forms of mass transit under the MTA’s management, such as the Long Island Rail Road or Metro-North Railroad.
Common Causes of MTA Accidents
Accidents involving the MTA often result from:
- Poor maintenance of subway systems, buses, or commuter rail cars.
- Operator error, such as bus drivers failing to adhere to traffic laws or speed limits.
- Inadequate training or supervision of MTA employees.
- The MTA’s failure to address hazardous conditions on its property or transit systems.
Steps to Take After an MTA Accident
If you’re injured in an accident involving the MTA, take the following steps to protect your rights:
- Seek medical attention: Prioritize your health and ensure all injuries are documented by medical professionals.
- File a report with the MTA: Reporting the incident to the MTA is essential for initiating a claim.
- Gather evidence: Take photos of the accident scene, gather witness information, and retain medical bills related to your injuries.
- Consult an experienced attorney: A seasoned personal injury attorney can guide you through the complex legal process of suing the MTA.
Filing a Lawsuit Against the MTA
The Notice of Claim Requirement
Before filing a lawsuit against the MTA, you must submit a Notice of Claim within 90 days of the accident. This document notifies the MTA of your intention to seek compensation and outlines the details of the incident, including how their negligence caused your injuries. Missing this deadline could prevent you from pursuing compensation.
Proving Negligence
To recover compensation, you must demonstrate that the MTA or its employees acted negligently and that this negligence directly caused your injuries. Examples include:
- Failing to provide adequate training to bus drivers.
- Ignoring safety protocols or maintenance issues.
- Failing to adhere to traffic laws, resulting in a crash.
What Compensation Can Accident Victims Seek?
Victims of MTA accidents may be entitled to compensation for:
- Medical bills for emergency treatment, rehabilitation, and ongoing care.
- Lost wages from time missed at work due to injuries.
- Pain and suffering for physical and emotional distress.
- Wrongful death damages if a loved one was fatally injured in an MTA accident.
Challenges in Suing the MTA
Suing the MTA can be more complicated than filing a typical personal injury lawsuit. Challenges include strict filing deadlines, proving negligence against a government agency, and navigating the rules governing sovereign immunity. Working with an experienced attorney familiar with MTA lawsuits can significantly improve your chances of securing compensation.
Call Greenstein & Pittari, LLP for Help
Learn more about Can I Sue the MTA? Legal Options After a Subway or Bus Accident in NYC. Call Greenstein & Pittari, LLP at (800) 842-8462 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.
FAQ
Can you sue the MTA for negligence?
Yes, if the MTA’s negligence or that of its employees caused your injuries, you can sue them after filing a timely Notice of Claim.
What is the time limit for filing a claim against the MTA?
You must file a Notice of Claim within 90 days of the accident to preserve your right to sue.
What types of accidents can lead to an MTA lawsuit?
Accidents involving buses, subways, commuter rail cars, or hazardous conditions on MTA property may lead to lawsuits.
How can a personal injury attorney help with an MTA lawsuit?
An attorney can help you meet filing deadlines, prove negligence, and recover compensation for your injuries and financial losses.
What damages can I recover in an MTA accident case?
You may recover compensation for medical expenses, lost wages, pain and suffering, and wrongful death if applicable.