If you are injured on public transportation in New York City, you may assume that this will be handled just like any other personal injury case. But that couldn’t be further from the truth. Government agencies have unique legal protections that apply. If you don’t understand the rules, your claim is at risk.
In fact, there are strict deadlines to meet, and if you miss a single deadline, that could permanently end your claim. You don’t want to lose the chance to get the compensation you deserve, so reaching out to a New York MTA accident lawyer is important as soon as possible after your accident.
Chopra & Nocerino is here to help. Our attorneys are Real New Yorkers, and we’re ready to bring our legal knowledge to your case. Give us a call at (855) NYC-HURT or contact us online today to schedule a consultation and learn how we can help.
KEY TAKEAWAYS
- Heavy equipment accident claims can involve multiple liable parties, including equipment operators, employers, contractors, property owners, manufacturers, and maintenance companies.
- Victims may recover compensation for medical expenses, lost wages, pain and suffering, permanent disabilities, and other damages, but proving liability requires strong evidence.
- New York generally allows three years to file a personal injury lawsuit, and an attorney can preserve key evidence, identify all responsible parties, and pursue the maximum available compensation.
Why MTA Claims Are Different From Other Personal Injury Cases
Cases against the MTA are different from the typical personal injury claims process because the MTA and related entities you may take action against are public authorities or affiliated with the government. And longstanding sovereign immunity rules that date back to English common law give the government special protections.
The MTA is an umbrella organization that oversees multiple transit agencies, including the New York City Transit Authority (NYCTA) and the Manhattan and Bronx Surface Transit Operating Authority (MaBSTOA).
While the MTA is not the government itself, governmental entities are also subject to special statutory protections and procedural requirements. Because many of these entities are government-affiliated, you have to follow strict procedural requirements, including serving a Notice of Claim within 90 days, participating in a pre-suit hearing, and filing your claim within a shorter statute of limitations.
The 90-Day Notice of Claim: The Deadline Most People Don't Know About
One of the biggest differences in a case involving the MTA is the 90-day Notice of Claim requirement. Specifically, you have 90 days from the date of the incident to properly serve this document and notify the public entity that you intend to pursue a case.
The notice must be properly served on the correct public entity and cannot be late or incomplete, or you may not be able to move forward with your case. The notice should include key details like:
- The date and time of the accident
- The exact location where the incident occurred
- How the accident happened
- The injuries you sustained from the incident
- The damages you’re pursuing compensation for
- Your contact details
While you can sometimes ask the court to allow a late notice of a claim under limited circumstances, this is not guaranteed, so don’t miss this deadline, or you may miss your chance at pursuing justice.
What Happens After Filing a Notice of Claim?
After you file a Notice of Claim, the MTA typically investigates what happened. The purpose is to determine if the MTA thinks it may actually be liable for your loss. During the process, the MTA will conduct a thorough investigation into all available evidence. This could include taking the following steps:
- Reviewing any incident reports
- Gathering maintenance and inspection records
- Interviewing employees and witnesses
- Examining surveillance video to identify what happened
- Inspecting the location of the accident
- Reviewing your medical records relating to your injuries caused by the accident
The MTA may also decide additional evidence is needed, and will try to gather details on that evidence as they obtain sworn testimony through a 50-h hearing
The 50-h Hearing: A Deposition Before You Can Even File Suit
For anyone pursuing a claim against the MTA, the General Municipal Law § 50-h hearing may be a huge surprise. It can also be a daunting experience.
The hearing is a required pre-litigation examination that allows the transit authority to question you under oath before you can file a suit. It’s similar to a deposition but happens much earlier in the claim process. Typically, questions asked at this time will include things like:
- How the accident happened
- Where were you going when the accident happened
- What the weather and surrounding conditions were like
- The injuries you suffered and the symptoms you experienced
- What medical treatment did you receive
- If you had any prior injuries or medical conditions
- Where you were employed and how much income you lost
- How your injuries affect your daily life
Everything you say is recorded and can be used against you later during litigation. Inconsistent statements can especially jeopardize your claim, so it’s important to be careful what you say during this hearing.
The Shortened Statute of Limitations: 1 Year and 90 Days
In New York, the standard statute of limitations for personal injury claims is three years. However, the timeline is much shorter if you are taking legal action against the transit authority. Specifically, these claims must be filed within one year and 90 days. This provides much less time for you to investigate the accident, complete medical treatment, understand the extent of your injuries, and negotiate a settlement.
What Types of MTA Accidents Can Lead to a Lawsuit?
Many different kinds of MTA accidents could potentially lead to a lawsuit, including:
- Bus accidents caused by sudden stops, doors closing on riders, or bus-on-bus or bus-on-pedestrian collisions could all lead to liability
- Subway platform and escalator or elevator injuries
- Slip and falls on transit property, including on stairs, platforms, or outside of stations, because of snow and ice
Whether you were harmed because of negligent security, a failure to safely maintain the property or other issues, you can pursue a claim if you can show MTA failed in its obligations and you were harmed as a result.
Proving Fault Against the MTA
It will be up to you to prove fault against the MTA to recover compensation. You can build a strong case by obtaining different kinds of evidence, including:
- Surveillance camera footage
- Bus or train video recordings
- Maintenance logs
- Inspection records
- Employee incident reports
- Witness statements
- Accident reports
- Medical records
- Expert opinions when appropriate
Surveillance footage is often retained for only a short time, so it’s important to act very quickly.
The good news is that New York follows a pure comparative negligence system, so if you are partially responsible for your own injuries, you can still recover compensation. Your damages will simply be reduced by your percentage of fault.
What Compensation Is Available in MTA Claims?
You should be fully compensated for your losses, including economic and non-financial loss. Here are some of the different kinds of economic damages you should be compensated for
- Past and future medical care
- Lost wages
- Reduced earning capacity
- Rehabilitation costs
- Out-of-pocket expenses
You should also be paid for non-economic or non-financial damages. These compensate for losses that are harder to quantify, such as:
- Pain and suffering
- Emotional distress
- Permanent disability
- Loss of enjoyment of life
- Physical impairment
- Scarring or disfigurement
Finally, if your loved one was killed, you could pursue a claim for wrongful death damages.
Who Can Be Held Responsible Besides the MTA?
In addition to the MTA, other defendants may be liable for your losses after a public transportation accident. This could include:
- Contractors who were negligent in the work they performed and created hazardous conditions
- Maintenance companies that failed to maintain safe premises
- Equipment manufacturers, when equipment malfunctions cause you harm
- Construction companies that perform substandard work that creates dangerous conditions
Common Mistakes That Can Hurt an MTA Claim
Some common mistakes that could jeopardize your claim against MTA include:
- Waiting too long to file your claim
- Missing the Notice of Claim deadline could make it impossible to move forward
- Giving recorded statements without advice, which could give the MTA a reason to deny your claim
- Delaying medical care, which raises questions about the severity of your injuries
- Posting on social media, which can provide MTA evidence to be used against you
Why You Need a Lawyer Immediately After an MTA Accident
Finding a lawyer immediately after an MTA bus accident is critical because of the strict timelines for taking action. You have to comply with the 90-day notice requirement and other deadlines, or your claim could be jeopardized.
Chopra & Nocerino have spent decades fighting for accident victims in New York. We know the rules for filing a claim, understand how to gather evidence, and will go to work from day one to make sure your case is trial-ready.
Our past verdicts and settlements, and our client testimonials, show that we are the firm to turn to when you need a New York accident lawyer to stand up to the government and get you the money you deserve.
Injured in an MTA Accident? Protect Your Rights Before Time Runs Out
The attorneys at Chopra & Nocerino are Real New Yorkers, and We Fight for You. If you were injured on public transportation, our experienced legal team can help you understand how to pursue a claim against the MTA, meet critical filing deadlines, and gather evidence to support your case. We can handle the legal process while you focus on recovering from your injuries. Call (855) NYC-HURT or contact us online today to schedule a free consultation and learn more about your options.
