The New York City subway system is one of the largest and busiest in the world, moving millions of people every day. While it plays a vital role in the city's transportation network, accidents on the subway can lead to serious injuries and complicated legal claims. Pursuing a personal injury claim after a subway accident is different from filing a claim against a private party. There are strict procedures and short deadlines that must be followed when seeking compensation from public authorities like the Metropolitan Transportation Authority (MTA).
At Stephen Bilkis & Associates, our experienced New York subway accident lawyers help injured passengers navigate these procedures and fight for the compensation they deserve. If you have been injured in a subway accident, acting quickly to protect your rights is important.
Why Are Subway Accident Claims in New York Different?A subway accident claim is a type of personal injury case, just like a car accident claim or a slip and fall claim. However, when an accident involves the Metropolitan Transportation Authority (MTA) or one of its subsidiaries, there are important differences that make the process more complicated than claims against private parties.
Subway accident claims require suing a public authority, and special procedural rules apply. Under New York General Municipal Law § 50-e, an injured party must file a formal Notice of Claim within 90 days of the accident. This Notice of Claim informs the MTA or New York City Transit Authority of the incident and preserves the right to later file a lawsuit.
In addition to the 90-day Notice of Claim requirement, injured parties must comply with other procedural steps, such as attending a 50-h hearing, before a lawsuit can proceed. These additional steps come from the historical principle of sovereign immunity, which once barred lawsuits against government entities entirely. Although New York has waived much of that immunity, it has done so under strict conditions. Missing a deadline or failing to follow the required steps can permanently prevent an injured person from recovering damages, no matter how strong the evidence is.
Although a subway accident claim follows the same basic legal principles as other personal injury claims, proving negligence, causation, and damages, the procedures involved make these cases more complicated. Working with an experienced New York subway accident lawyer helps ensure that your rights are protected and that all deadlines and requirements are properly met.
What Are Common Causes of Subway Accidents in New York City?Subway accidents can happen for a variety of reasons. Sometimes they result from negligence by the MTA or its employees. Common causes include:
Each subway accident requires a detailed investigation to determine what happened and who is responsible. A skilled New York subway accident lawyer will work with experts to gather evidence and build a strong case on behalf of the injured passenger.
What Should You Do After a Subway Accident?A subway accident can leave you feeling overwhelmed and unsure of what to do next. The actions you take immediately following the accident can have a major impact on both your health and your ability to pursue compensation. Taking the right steps after a subway accident can protect your health and your legal rights:
If you are injured in a subway accident involving the Metropolitan Transportation Authority (MTA) or the New York City Transit Authority, there are several important steps you must take to preserve your right to pursue compensation.
Filing a Notice of Claim. Before you can file a lawsuit against the MTA, you must first file a formal document called a Notice of Claim. Under New York General Municipal Law § 50-e, this Notice of Claim must be filed within 90 days of the date of the accident. The Notice of Claim serves to notify the MTA of your intent to bring a claim and allows them the opportunity to investigate.
The Notice of Claim must include specific information:
It is important that the Notice of Claim is completed accurately and served properly, typically by personal delivery or certified mail to the correct department. Failing to file a timely and legally sufficient Notice of Claim can result in your case being dismissed. A New York subway accident lawyer can help ensure that your Notice of Claim meets all legal requirements.
In Matter of Griffith v. New York City Transit Authority, 2025 NY Slip Op 01397 (App. Div. 2d Dep’t 2025), the petitioner, a police officer, alleged he slipped on a wet subway platform and sought permission to serve a late Notice of Claim. The court denied the petition, holding that the petitioner failed to offer a reasonable excuse for missing the 90-day deadline and that the New York City Transit Authority did not have timely actual knowledge of the facts underlying the claim. The decision highlights the strict enforcement of the Notice of Claim requirement under General Municipal Law § 50-e for subway-related injury cases.
Attending a 50-h Hearing. After receiving your Notice of Claim, the MTA has the right to require you to attend a hearing under General Municipal Law § 50-h. This hearing is similar to a deposition, where you must answer questions under oath about the accident, your injuries, and other relevant background information.
Participation in the 50-h hearing is mandatory if the MTA demands it. Failing to attend the hearing can result in your claim being dismissed. An experienced New York subway accident lawyer will prepare you for the hearing, attend with you, and protect your rights during the questioning process.
In Cron v. City of New York, 2017 NY Slip Op 50658(U) (Sup. Ct., Bronx County 2017), the plaintiff alleged that she slipped or tripped on a depression in the roadway near a subway curb. During her 50-h hearing, the plaintiff described the location and nature of the defect that caused her fall in sufficient detail to put the defendants on notice of her claim. The court found that her consistent testimony during the 50-h hearing and subsequent deposition was key to defeating the defendants' motion for summary judgment, highlighting how important a claimant’s detailed statements at a 50-h hearing can be in preserving and strengthening a subway accident case.
Filing a Lawsuit Within the Statute of Limitations. Even after filing a Notice of Claim and completing the 50-h hearing, you must still file a lawsuit within the applicable statute of limitations. For claims against the MTA, the lawsuit must be filed within 1 year and 90 days from the date of the accident, under New York General Municipal Law § 50-i and Public Authorities Law §§ 1265 and 1276.
This deadline is significantly shorter than the three-year statute of limitations that applies to most personal injury cases against private parties. Missing this deadline will result in losing your right to seek damages, regardless of the strength of your case.
Because of the multiple deadlines and procedural steps involved, it is important to contact a skilled New York subway accident lawyer as soon as possible after a subway accident to protect your claim.
Who Can Be Liable Besides the MTA?Although the MTA is often the primary defendant in subway accident cases, other parties may also be responsible for your injuries. Identifying all potentially liable parties is important to maximizing your recovery.
A complete investigation can help identify all responsible parties. By carefully reviewing accident reports, maintenance records, security footage, and witness statements, a New York subway accident lawyer can build a strong case against every entity whose negligence contributed to your injury.
What Types of Compensation Are Available for Subway Accident Victims?If you prove liability, you may recover both economic and non-economic damages:
Each case is different, and damages depend on the specific facts and severity of injuries. For example, in Lamont Powell v. Metropolitan Transportation Authority, a jury awarded $90 million to a man who lost an arm and a leg after falling onto the tracks and being struck by a subway train. As reported by the New York Post on October 11, 2024, this was one of the largest verdicts ever awarded against the MTA.
Can I Still Get Compensation If I Was Partly at Fault?Under New York’s pure comparative negligence rule (CPLR § 1411), you can still recover damages even if you were partly at fault for your accident. However, your total recovery will be reduced by your percentage of fault.
For example, if a jury awards you $100,000 in damages but finds you 20% responsible for the accident, your recovery would be reduced to $80,000.
In subway accident cases, the MTA frequently argues that passengers contributed to their own injuries. They may claim that a passenger was rushing, not paying attention, or improperly boarding or exiting a train. In slip and fall cases, the MTA may argue that the hazard was open and obvious, or that the passenger failed to use reasonable care.
For example, in Patel v. New York City Transit Authority, 2022 NY Slip Op 51323(U) (Sup. Ct., Kings County 2022), the plaintiff was allegedly intoxicated and fell from the platform onto the tracks. Although the Transit Authority argued that the plaintiff was primarily at fault, the court found that issues of negligence and comparative fault had to be decided by a jury. This case shows that even when a passenger bears some responsibility, recovery may still be possible under New York’s pure comparative negligence rule.
An experienced subway accident attorney in New York will work to gather evidence that supports your version of events and challenges the MTA’s efforts to shift blame. Minimizing any percentage of fault assigned to you is important to maximizing your financial recovery.
What Injuries Are Common in Subway Accidents?Subway accidents can cause a wide range of injuries, including:
These injuries can lead to long-term disability, financial hardship, and emotional distress.
Frequently Asked Questions (FAQ)Q: What if I was injured while falling on subway stairs or escalators?
A: Accidents on stairs, escalators, and elevators inside subway stations are considered subway accidents if the MTA was responsible for maintaining the area.
Q: What if the subway train made a sudden stop or jerk?
A: If the sudden movement was caused by operator error or a mechanical defect, and it led to your injury, you may have a valid claim.
Q: How long will my subway accident case take?
A: Cases can take several months to several years depending on the complexity, the severity of injuries, the number of defendants, and whether a settlement is reached or trial is necessary.
Q: Can I sue an individual MTA employee?
A: Typically, you sue the MTA itself under the legal principle of vicarious liability, not the individual employee, unless the conduct was intentional or reckless.
Q: Are there limits on damages against the MTA?
A: New York generally does not cap compensatory damages in subway accident cases, but punitive damages are not usually available against public authorities.
Q: Can security camera footage help my case?
A: Yes. Subway stations and trains often have surveillance cameras. Prompt action is needed to request and preserve this footage before it is deleted.
Contact Stephen Bilkis & AssociatesIf you or a loved one has been injured in a New York City subway accident, do not wait to seek legal guidance. You have only 90 days to file a Notice of Claim. Missing deadlines can prevent you from recovering any compensation. At Stephen Bilkis & Associates, we have decades of experience representing New Yorkers injured in subway accidents. Our experienced subway accident attorneys in New York understand how to navigate the legal requirements involved in claims against public authorities like the MTA.
If you or a loved one has been injured in a subway accident in New York, contact us today at 800.696.9529 to schedule a free, no-obligation consultation. We are available to help victims throughout New York City, Long Island, Westchester County, and surrounding areas, including the Bronx, Brooklyn, Manhattan, Queens, Staten Island, Nassau County, and Suffolk County.