Reviewed by Laurence P. Banville, Esq.Frequently asked questions
How long do I have to file a claim against the MTA in New York?
Before suing the MTA or New York City Transit Authority, you must file a Notice of Claim within 90 days of the date of your injury. This is a strict prerequisite under New York General Municipal Law. Missing this deadline typically bars you from bringing a lawsuit, regardless of how strong your case is.
What duty of care does the MTA owe passengers?
Under New York law, the MTA and NY Transit are classified as common carriers and owe passengers the highest degree of care consistent with the practical operation of their vehicles. This heightened standard means the MTA can be held liable for even slight negligence that causes passenger injury, a higher bar than what applies to ordinary negligence cases.
What types of accidents can lead to an MTA lawsuit or settlement?
Common MTA claims include subway train derailments, sudden stops or jolts, bus accidents and hard braking, platform falls due to hazardous conditions, elevator and escalator malfunctions at MTA stations, and assaults resulting from negligent security. Both MTA Bus Company and New York City Transit Authority buses and subways fall under these rules.
What factors affect the value of an MTA injury settlement in NY?
Settlement value depends on the severity and permanence of your injuries, the strength of evidence showing MTA negligence, your lost wages and medical expenses, and whether comparative negligence applies to reduce your recovery. New York follows pure comparative fault, meaning your compensation is reduced by your percentage of fault but is not eliminated even if you were partially responsible.