Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I sue if I was hit by someone on the NYC subway or metro?
Yes. If another person struck you on the subway or metro platform, train car, or station, you can pursue a personal injury claim against them for negligence or intentional assault. Depending on the circumstances, the MTA may also bear liability if poor lighting, inadequate security, or unsafe conditions contributed to the incident. New York law (CPLR §214) gives you three years from the date of injury to file suit.
Do I need to file a notice of claim against the MTA?
Yes, if your claim involves MTA negligence (not just a third-party attacker), New York Public Authorities Law requires you to file a Notice of Claim with the MTA within 90 days of the incident. Missing this deadline can permanently bar your claim against the MTA. A personal injury attorney can file this notice on your behalf and preserve your rights.
What should I do immediately after being hit on the metro?
Call 911 and get a police report documenting the incident. Seek medical attention right away, even if injuries seem minor, since documentation is critical. Gather the names and contact information of any witnesses and take photos of the scene, your injuries, and any surveillance camera locations. Then contact a NY personal injury attorney promptly to protect your legal options before evidence disappears.
What damages can I recover after a metro assault or collision in New York?
You may be entitled to compensation for medical expenses (past and future), lost wages, pain and suffering, and emotional distress. If the attacker is convicted criminally, that conviction can support your civil claim. New York does not cap compensatory damages in personal injury cases, and your attorney can evaluate the full value of your claim based on the specific facts.