New York City Subway Accident Lawyer
The New York City subway moves millions of people every day. Most rides are uneventful. But when something goes wrong underground, the injuries are rarely minor. Sudden stops, platform falls, closing doors, electrical hazards, and derailments can leave riders with fractures, head trauma, spinal injuries, and worse. If you were hurt on the subway, a New York City subway accident lawyer at Cohan Law Firm can help you understand who is responsible and how to pursue a claim.
Why Subway Accident Claims Are More Complicated Than Other Transit Injuries
The MTA is a public authority, not a private company. That distinction matters enormously when you file a claim. To sue the MTA or New York City Transit for a subway-related injury, you must file a Notice of Claim within 90 days of the accident. Miss that deadline and you lose your right to sue, regardless of how serious your injuries are.
A municipality can also raise defenses that private defendants cannot. The MTA may argue governmental immunity, claim that prior notice of a defect was never given, or challenge whether a dangerous condition was something they had a duty to fix. These are not generic defenses. They are specific legal obstacles that require specific responses, and they have ended otherwise valid claims when victims tried to handle them without legal help.
The 90-day Notice of Claim rule applies to claims against the MTA and New York City Transit. If your injury involved a private contractor working on the subway system, a retailer operating inside a station, or a fellow passenger, different rules and timelines may apply. The right first step is to get clarity on exactly who you are claiming against and how long you have.
How Subway Injuries Actually Happen
Not all subway accidents involve dramatic crashes. In reality, the most common incidents are the kind the MTA could have prevented with basic maintenance and operational care.
Gap-related falls occur when riders step into the space between the train and the platform edge. This is a consistent problem at certain stations where platform curves create wider-than-normal gaps. The MTA is aware of gap hazards at many stations, and repeated incidents at the same location can support a prior notice argument in litigation.
Wet and slippery floors inside stations and vestibules cause a significant number of injuries. Stairwells without proper drainage, broken drainage grates, and leaking ceilings are chronic issues at aging underground stations. The same applies to damaged or missing floor mats near turnstile areas.
Unexpected train movement causes serious harm. A train that lurches, brakes suddenly without warning, or opens doors while still in motion can throw standing passengers off their feet or into each other. These incidents often come down to operator error or equipment malfunction.
Platform overcrowding is a safety hazard the MTA controls through staffing and crowd management decisions. During rush hour at high-volume stations like Times Square, Grand Central, and Atlantic Terminal, dangerous crowding is a foreseeable condition, not an accident.
Escalator and elevator failures inside stations are another category. These are mechanical systems the MTA maintains, and injuries from sudden stops, gaps, or equipment failures fall squarely within their maintenance obligations.
What You Need to Prove, and What Evidence Builds That Case
A successful subway injury claim typically requires showing that the MTA or another responsible party had a duty of care, that they breached it, and that the breach caused your injury and your damages. The “prior written notice” doctrine for municipal defendants adds a layer: in many cases, you need to show the MTA was previously notified of the specific hazardous condition. This is not always required, but when it applies, it can be the deciding factor.
Evidence collection starts immediately after an accident. Surveillance cameras are installed throughout subway stations and inside train cars. The MTA preserves footage only for a limited time before it is overwritten. A formal legal preservation demand needs to go out quickly, before that footage is gone.
Incident reports generated by MTA personnel at the scene are discoverable. Station maintenance logs, prior complaint records, and internal repair histories can all support the argument that the MTA knew about a problem and failed to act. Witness statements taken close to the time of the accident carry more weight than recollections gathered weeks later.
Medical records are central to any injury claim. Documentation of your emergency treatment, follow-up care, imaging results, and any specialist evaluations all feed into the calculation of your damages. Gaps in treatment or delays in seeking care are things the MTA’s attorneys will use against you, so consistent follow-through with your medical care matters both for your health and your claim.
Questions People Actually Ask About Subway Accident Claims
Do I have to file a Notice of Claim even if I was not seriously hurt?
Yes. If you intend to pursue any claim against the MTA or New York City Transit, the Notice of Claim must be filed within 90 days of the accident. There is no exception for minor injuries. If you wait to see how serious your injuries are, you may lose the ability to recover anything at all.
What if I fell on a staircase inside a subway station but I’m not sure if the MTA owns it?
Subway stations in New York involve multiple parties in some cases. The MTA and New York City Transit operate the transit system, but some areas within or adjacent to stations may be managed by private entities. An attorney can help trace ownership and maintenance responsibility so the claim is directed at the right party from the start.
Can I make a claim if the train door hit me while I was boarding?
Yes. Subway car door malfunctions and operator errors that result in a door striking a passenger or closing prematurely are a recognized category of MTA negligence. These incidents should be reported to the operator immediately, and you should seek an MTA incident report before leaving the station if you are physically able to do so.
What damages can I recover from an MTA subway accident claim?
Recoverable damages typically include medical expenses, future medical costs if your injury requires ongoing care, lost wages, reduced earning capacity, and compensation for pain and suffering. New York does not cap these damages in MTA cases the way some states limit municipal liability, though other procedural rules apply.
I was a platform worker, not a passenger. Do I have the same options?
Not exactly. If you were injured while working on or near subway infrastructure, your claim may involve a workers’ compensation component and potentially a third-party negligence claim depending on what caused the accident and who was responsible. Construction workers, contractors, and maintenance personnel on MTA projects may have claims under Labor Law, which carries different standards and potentially significant liability for property owners and general contractors.
The MTA offered me a settlement. Should I accept it?
Not before you understand the full extent of your injuries. Early settlement offers from the MTA tend to be low relative to the actual value of serious injury claims. Once you sign a release, you cannot come back for more money even if your medical situation worsens. Having an attorney evaluate the offer against your full damages picture is worth the time before you agree to anything.
What if I was partially at fault for what happened?
New York follows a comparative fault rule, which means your recovery is reduced by your percentage of responsibility. Being partially at fault does not eliminate your claim. The MTA routinely argues that injured passengers contributed to their own injuries, and having clear evidence and documentation helps counter those arguments.
Talk to Cohan Law Firm About Your Subway Injury
Cohan Law Firm represents injury victims throughout Manhattan, Brooklyn, the Bronx, Queens, and the surrounding boroughs. Our firm has recovered over $100 million for accident victims across New York City, and we handle transit and subway injury claims on a no-win, no-fee basis, meaning no attorney’s fees unless we recover for you. We keep clients informed at every stage and make communication a priority, not an afterthought. If you were hurt in a New York City subway accident and have questions about what comes next, contact us for a free consultation. Hablamos Español.