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. If the claim is framed as negligence, New York's general 3-year deadline under CPLR §214 applies; if it's framed as an intentional assault, the deadline is much shorter — 1 year under CPLR §215. Depending on the circumstances, the MTA may also bear liability if poor lighting, inadequate security, or unsafe conditions contributed to the incident, though a claim against the MTA carries its own, different deadline.
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 §1276 requires you to file a Notice of Claim with the MTA within 90 days of the incident. Beyond that, the lawsuit itself must generally be filed within 1 year and 90 days of the incident under Public Authorities Law §1276(2) — a much shorter deadline than the standard 3-year window that applies to an ordinary negligence claim against a private individual. Missing either deadline can permanently bar your claim against the MTA. A personal injury attorney can file the 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.