New York Subway Accident Lawyer

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.

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.

Subway accidents can happen for a variety of reasons. Sometimes they result from negligence by the MTA or its employees. Common causes include:

• Slip and Falls: Wet platforms, defective stairs, poor lighting, debris, or uneven surfaces in stations can cause passengers to slip and fall. The MTA must maintain subway stations in reasonably safe condition.
• Train Derailments: Although rare, derailments can cause devastating injuries. They can result from track defects, mechanical failure, excessive speed, or operator error.
• Collisions: Trains may collide with each other or with maintenance vehicles due to signal malfunctions, operator inattention, or dispatch errors.
• Door Malfunctions: Subway doors that close too quickly or fail to operate properly can trap passengers, leading to serious injuries.
• Platform Gaps: If the space between the platform and the train is too wide or not properly marked, passengers can fall and suffer serious harm.
• Mechanical Failures: Failures in braking systems, lighting, ventilation, or other systems can lead to dangerous situations.
• Operator Error: Fatigue, distraction, or impairment can cause subway operators to make mistakes that result in accidents.
• Track and Infrastructure Problems: Poor maintenance of tracks, signals, tunnels, or bridges can cause accidents.
• Criminal Activity: Inadequate security can leave passengers vulnerable to assaults and robberies in subway stations or trains.

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.

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:

1. Seek Medical Care: Get immediate medical attention, even if your injuries seem minor. Some serious injuries are not immediately visible.
2. Report the Accident: Inform MTA personnel, such as the conductor or station agent, and make sure an accident report is created.
3. Document the Scene: Take photographs of the accident location, hazards, signage, and conditions. These photos can become key evidence.
4. Gather Witness Information: If anyone saw the accident, ask for their name and contact details.
5. Preserve Evidence: Keep clothing, shoes, and other items involved in the accident. Also, save medical records and bills.
6. Avoid Making Statements: Do not give recorded statements to the MTA or their insurers without first speaking with a lawyer.
7. Contact a Subway Accident Lawyer: Because of the strict filing requirements, you should speak with an experienced New York subway accident lawyer as soon as possible.

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:

• Your name and address
• The time, place, and manner in which the accident occurred
• A description of the injuries and damages you sustained
• A statement of how the MTA was negligent

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.

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.

• Maintenance Contractors: The MTA often hires outside companies to perform repairs and maintenance. If a maintenance contractor performed their work negligently and caused unsafe conditions, they may be held legally responsible.
• Equipment Manufacturers: Sometimes subway accidents are caused by defective equipment, such as faulty train doors, brakes, or escalators. In those cases, the manufacturer of the defective equipment may be liable under product liability law.
• Security Companies: Private security firms hired to patrol subway stations or trains may be held responsible if their failure to provide adequate security contributed to an assault or other criminal act.
• Construction Companies: Ongoing construction in or around subway stations can create hazardous conditions. If a construction company's negligence created a dangerous situation that led to your injury, they may be liable.
• Other Individuals: In some cases, another passenger or individual may directly cause an injury through negligent or intentional actions, such as pushing, assaulting, or otherwise harming someone on a platform or train.

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.

If you prove liability, you may recover both economic and non-economic damages:

• Medical Expenses: Costs of past and future medical treatment, rehabilitation, medications, and therapy.
• Lost Wages: Compensation for time you were unable to work due to your injuries.
• Loss of Future Earnings: Compensation for permanent disabilities that reduce your earning capacity.
• Pain and Suffering: Compensation for physical pain and emotional suffering caused by the accident.
• Loss of Enjoyment of Life: Compensation if you can no longer participate in activities you once enjoyed.
• Disfigurement or Disability: Compensation for permanent physical changes.
• Wrongful Death Damages: In cases involving fatal subway accidents, certain surviving family members may be entitled to compensation for financial losses and emotional harm.

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.

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.

Subway accidents can cause a wide range of injuries, including:

• Traumatic brain injuries
• Spinal cord injuries
• Broken bones
• Deep lacerations and cuts
• Burns from electrical systems
• Crush injuries
• Internal injuries
• Soft tissue injuries (sprains and strains)
• Emotional trauma, such as PTSD

These injuries can lead to long-term disability, financial hardship, and emotional distress.

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.

If 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.