Anytime 24/7—Hablamos Español

212.739.7278

No Fees Unless We Get You Compensation

Can You Sue the MTA and NYCTA for a Subway Track Accident?

Subway track accidents in New York City are among the most serious and generally the most legally complex personal injury cases.

 

The Metropolitan Transportation Authority (MTA) and its subsidiary the New York Transit Authority operate the subway system, and they have a legal obligation to keep platforms and tracks reasonably safe. If that obligation is breached and someone is seriously injured, the injured person or their family may have the right to bring a claim.

 

Learn more about how these cases work and the deadlines you need to know below.

Can You Sue the MTA and NYCTA for a Subway Track Accident?

Yes, you can sue the MTA or the NYCTA for a subway track accident if their negligence played a role in what happened. That said, suing the MTA isn’t the same as bringing a standard personal injury claim against a private party.

 

Because the MTA is a public authority, you have to follow strict procedural rules, including filing a Notice of Claim within 90 days of the accident. If you miss that deadline, there’s a good chance you could lose your right to recover compensation entirely.

How Are MTA Claims Different From Other Personal Injury Cases?

Most New York personal injury lawsuits are filed against private individuals and companies. The MTA, however, is a public authority, which comes with procedural requirements that don’t exist in standard cases.

 

These rules exist because of the historical principle of sovereign immunity, which limited the ability to sue government entities. While New York has largely waived that immunity at this point, it was replaced with a set of strict procedural steps that claimants must follow, which we’ll get into below.

What Standard of Care Does the MTA Owe Passengers?

The MTA has a non-delegable duty to keep its platforms and tracks in a reasonably safe condition; it can't just point to the conduct of passengers or third parties and wash its hands of responsibility. That means it’s responsible for any foreseeable risks, such as:

 

  • Overcrowded platforms
  • Intoxicated passengers
  • Medical emergencies
  • Slippery surfaces near platform edges
  • Inadequate lighting
  • Security failures

 

Simply put, the MTA’s independent duty to maintain a safe environment runs parallel to whatever else was happening at the time of the accident.

How Do You Prove the MTA Was Negligent?

Negligence can be established by showing that the MTA had a duty, the duty was breached, that the breach caused the accident, and that the accident caused damages. In practice, what matters the most is whether the MTA knew or should have known about a dangerous condition and if they addressed it or not.

Can I Sue the MTA If Someone Pushed My Onto the Subway Tracks?

Yes. While the person who pushed you onto the tracks will bear the criminal and civil responsibility for the assault, the MTA can also be held liable since, as mentioned above, it has an independent obligation to make sure there’s adequate security on its platforms. If they fail in that regard, they could be held responsible for having negligent security even if it was a third party who actually carried out the crime.

Can I Sue the MTA If I Was Intoxicated When the Subway Accident Happened?

Again, yes. Similar to the example above, even if someone falls onto the tracks because they’re intoxicated, the MTA still, technically, has a duty to make sure its trains are operated safely. So, the MTA could be held liable if any of these are true at the time of the incident:

 

  • A train operator had sufficient time and distance to brake but failed to do so.
  • The operator entered the station at an unsafe speed.
  • The station was poorly maintained or monitored.

 

These types of cases ultimately depend on whether the incident was preventable given what the operator knew or should have known.

Frequently Asked Questions

What Types of Subway and Train Accidents Lead to Lawsuits?

As mentioned above, the common thread in these types of cases is some failure by the MTA to meet its duty of care. To be more specific, this could include, but isn’t limited to:

 

  • Accidental falls onto the tracks caused by platform gaps, slippery surfaces, inadequate lighting, or unsafe crowd conditions.
  • Being struck by a train, whether because the victim fell, was pushed, or was struck while someone attempted a platform rescue.
  • Door-related injuries where malfunctioning train doors close on passengers or drag individuals.
  • People getting shocked by the third rail after falling onto the tracks because the platform design wasn't safe.
  • Operator negligence, including failure to brake in time, not sounding warnings, or limited visibility due to platform layout.
Do I Have to Go to Court With an MTA Lawsuit?
What If I Was Partially At Fault?
Can Family Members File a Wrongful Death Claim After a Fatal Subway Accident?

Key Takeaways

The MTA owes a duty of care to passengers and workers, and that duty doesn’t just go away because of circumstances like overcrowding or someone else’s actions.

You must file a Notice of Claim within 90 days of the accident.

The overall statute of limitations against the MTA is one year and 90 days from the date of the accident.

Not Sure Where to Begin? Speak With One of Our Attorneys Today!

Were you or a family member injured in a subway or train accident in New York? Our personal injury firm has over three decades of experience representing people throughout the five boroughs and surrounding area. Plus, there are never any upfront costs!

 

Have a question for our team? Call us at 212-739-7278 or reach out online to schedule an appointment today!

MILLIONS RECOVERED FOR OUR CLIENTS!

No Fees Unless We Get You Compensation.

Don't Wait Another Minute

Understanding your rights and how you can recover compensation under the law is important. At Field Law Group, there is no downtime. We are here for our clients whenever they need us.

Schedule Your FREE Consultation Today!

This field is for validation purposes and should be left unchanged.

17 State Street, Floor 40
New York, New York 10004

Free Consultation

212.739.7278
Anytime 24/7
Hablamos Español

Quick Links

Home About Us Practice Areas Areas Served Testimonials Contact Blog

This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer | Designed & Developed by PostcardMania