MTA Injury Claim Lawyer
The Metropolitan Transportation Authority operates one of the most complex transit systems in the world, and every day millions of people depend on it to get where they need to go. But when a subway train stops abruptly, a bus driver runs a red light, a platform is left wet without a warning sign, or a station elevator malfunctions, the resulting injuries can be severe and the path to compensation is anything but straightforward. Filing a claim against the MTA is not like filing a claim against a private driver or a retail store. There are different rules, shortened deadlines, and a government agency with a full legal team that handles these disputes as a matter of routine. Working with an MTA injury claim lawyer who understands how these cases actually move through New York’s legal system is not optional. It is the difference between recovering what you need and walking away with nothing.
What makes MTA cases uniquely difficult is the combination of sovereign immunity principles, strict notice requirements, and the agency’s institutional experience defending against claims. The MTA knows the playbook. They know how quickly evidence disappears, how often victims miss the notice of claim deadline, and how rarely unrepresented claimants recover full compensation. A person dealing with a fractured hip from a bus accident or a traumatic brain injury from a subway fall is not in a position to navigate that alone while also trying to heal. These cases require someone who can move fast on the procedural side while also building the evidentiary record that gives the claim real value.
Across New York City, these incidents happen every day. Subway platforms in Brooklyn, bus routes in the Bronx, station staircases in Queens, pedestrian fatalities on Manhattan’s busiest streets. They do not make the news unless the injuries are catastrophic, but the impact on the people involved is never minor. Cohan Law Firm represents New Yorkers hurt by MTA-operated systems, and we know what these cases demand from the moment a client calls us.
What MTA Claims Actually Cover: Common Injuries and Incidents
- Subway platform falls: Wet floors, broken tiles, poor lighting, uneven surfaces, and the edges near the tracks are among the most common hazard sites. When the MTA fails to maintain a safe platform or ignores known defects, injured riders may have a valid premises liability claim against the authority.
- Bus accidents and sudden stops: MTA bus drivers are required to operate under strict safety protocols, but aggressive braking, running red lights, and improper lane changes cause collisions and passenger injuries regularly across all five boroughs. Passengers thrown from their seats or struck by the bus as pedestrians frequently suffer serious orthopedic and neurological injuries.
- Train door injuries: Subway car doors that close on passengers, malfunction, or fail to operate properly can trap riders, drag them, or cause them to fall on the platform. These incidents often involve both equipment failure and operator error.
- Staircase and escalator accidents: Station stairways in older subway stops are notoriously worn, and escalators in busy terminals like Penn Station’s MTA transit areas require consistent maintenance. Falls on broken steps or malfunctioning escalators can result in serious fractures, head injuries, and soft tissue damage.
- Elevator failures: For riders with mobility limitations, a broken or dangerously operating elevator is not merely an inconvenience. Falls inside elevator cars, sudden drops, or doors that close on passengers can cause significant harm and potentially support claims involving ADA accessibility failures alongside standard negligence.
- Train-to-platform gap falls: The gap between the subway car and the platform is a documented hazard, particularly at curved sections of track common in older stations. When a rider falls into the gap, the injuries are often catastrophic and the liability analysis involves both the station design and the train operator’s conduct.
- Pedestrian and cyclist strikes by MTA vehicles: MTA buses and Access-A-Ride vehicles share city streets with pedestrians and cyclists. When a bus driver fails to check mirrors before making a turn or accelerates through a crosswalk, the resulting injuries to pedestrians can be fatal or permanently disabling.
Why Cohan Law Firm Handles MTA Cases Differently
Cohan Law Firm has recovered over $100 million for accident victims across New York City. That number reflects years of handling difficult, contested cases against well-resourced defendants, and the MTA is exactly the kind of institutional opponent that requires real preparation. Our attorneys come from large firm backgrounds, and several are members of the Multi-Million Dollar Advocates Forum, a distinction earned only by trial lawyers who have secured verdicts and settlements of $1 million or more. That level of experience matters when you are dealing with a government agency that will scrutinize your claim from day one.
Our clients consistently describe an experience that is different from what they expected from a law firm. More than 550 five-star reviews reflect a team that calls you before you have to call us, keeps you informed at every stage, and treats your case with the same attention whether it is the only one on our desk or one of many. For people recovering from serious injuries sustained in the subway or in a bus accident, not having to chase their lawyer for updates is not a small thing. It is exactly the kind of support that allows people to focus on getting better while we focus on the claim.
We also use AI-powered legal technology to analyze evidence, flag inconsistencies in MTA incident records, and identify patterns that support our clients’ cases. Against an agency that generates extensive documentation and relies on that documentation to defend claims, having the ability to process and analyze evidence faster and more thoroughly is a real advantage. Consultations are handled digitally, retainer agreements are signed online, and clients never have to leave home to hire us and get started.
The MTA Claims Process: What You Need to Know Before the Deadline Passes
The single most important thing anyone injured on or by an MTA-operated system needs to understand is the notice of claim requirement. Under New York law, a claim against a public authority like the MTA must be preceded by a formal notice of claim filed within 90 days of the incident. This is not the lawsuit itself. It is a preliminary legal document that informs the MTA of the nature of the claim, the date and location of the incident, and the injuries sustained. Miss that 90-day window and you will almost certainly lose your right to sue entirely, regardless of how clear the agency’s negligence may be.
After the notice of claim is filed, the MTA typically has 30 days to make a demand for an examination before trial, known as a 50-H hearing. This is a sworn examination of the claimant conducted by MTA attorneys. It happens before any lawsuit is filed, and your testimony there can affect the entire trajectory of your case. Being unprepared for a 50-H hearing is one of the most common mistakes injured people make when they try to handle MTA claims on their own or with attorneys who do not regularly handle transit litigation.
If the claim does not resolve after the 50-H process, the claimant can file a lawsuit. The statute of limitations for personal injury claims against the MTA is generally one year and 90 days from the date of the accident, which is shorter than the standard three-year window for most private party personal injury claims in New York. That compressed timeline means evidence needs to be preserved immediately. Surveillance footage from MTA cameras, maintenance logs, conductor reports, and medical records all need to be gathered before they disappear or become difficult to obtain through discovery.
After an MTA incident, go to a hospital or urgent care facility right away, even if your symptoms feel manageable. Many injuries, including soft tissue damage, spinal injuries, and concussions, worsen in the days following an accident. The medical record created immediately after the incident becomes one of the most important pieces of evidence in your claim. Report the incident to MTA personnel at the scene and ask for a copy of any report they file. Photograph the hazard, the location, and your injuries as soon as you are able. And contact an MTA injury attorney as quickly as possible, given the 90-day notice requirement, waiting even a few weeks to seek legal advice puts you at risk.
MTA claims can proceed through New York Supreme Court or be filed in the appropriate court depending on the amount in controversy. Cases involving MTA operations typically flow through the courts serving the borough where the incident occurred. Transit litigation in New York often involves depositions of MTA employees, expert witnesses on transit safety standards, and detailed analysis of the agency’s maintenance records. It is not a quick process, but it is one that rewards thorough preparation.
Questions About MTA Injury Claims in New York
What is the deadline for filing a claim against the MTA?
You must file a formal notice of claim within 90 days of the accident. This is a strict requirement for claims against public authorities in New York, including the MTA. Missing this deadline typically bars you from pursuing the claim entirely. After the notice of claim is filed, the statute of limitations for actually filing a lawsuit is one year and 90 days from the date of the incident.
Can I sue the MTA if I was injured on the subway?
Yes. The MTA, like other government-controlled entities in New York, can be sued for negligence when its actions or failures cause injury. The process involves the notice of claim requirement and, if the matter does not settle, a formal lawsuit in New York Supreme Court. The MTA’s status as a public benefit corporation does not protect it from liability when its negligence is documented.
What if the MTA claims I was also at fault for the accident?
New York follows a comparative fault rule, which means that even if you were partly responsible for what happened, you can still recover compensation. Your recovery is reduced by your percentage of fault, but it is not eliminated unless you are found to be entirely responsible. The MTA regularly attempts to shift blame onto injured claimants, which is one reason having an attorney who can counter that argument with evidence is important.
What kind of compensation can I recover from an MTA injury claim?
Recoverable damages in an MTA personal injury case typically include medical expenses both past and future, lost wages and reduced earning capacity, pain and suffering, and costs related to ongoing rehabilitation or care. In cases involving catastrophic injuries such as paralysis, traumatic brain injury, or amputation, the long-term projections for care costs and lost income can be substantial. An attorney experienced in transit litigation can work with medical and economic experts to fully document these losses.
What happens at a 50-H hearing?
A 50-H hearing is a sworn examination of the injured person conducted by MTA attorneys before any lawsuit is filed. You are under oath and your testimony is transcribed. The MTA uses this hearing to evaluate the strength of the claim and to lock in your account of the incident. Going into a 50-H without legal preparation is risky. An experienced attorney will prepare you thoroughly for the questions you will face and help you present your account clearly and accurately.
Does it matter which MTA agency was involved in my injury?
The MTA operates several subsidiary agencies including New York City Transit (which runs the subway and local buses), MTA Bus Company, Long Island Rail Road, and Metro-North Railroad, among others. The specific agency matters because different subsidiaries may have slightly different procedural requirements, and the facts of your case will determine which entity or entities are named in the claim. An attorney familiar with MTA transit litigation will know how to identify the correct parties from the outset.
Can I file a claim if I was injured in an Access-A-Ride vehicle?
Yes. Access-A-Ride is an MTA paratransit service, and injuries that occur as a result of driver negligence or vehicle defects are subject to the same notice of claim requirements that apply to other MTA claims. Given that Access-A-Ride serves passengers with disabilities, injuries in these vehicles often involve vulnerable individuals with greater medical needs, which can affect the damages calculation significantly.
What if there were no witnesses to my subway or bus accident?
Eyewitness testimony is helpful but not required. MTA stations and vehicles are heavily equipped with surveillance cameras, and MTA operators submit incident reports. The physical condition of the hazard itself, photographs taken at the scene, your medical records, and maintenance logs subpoenaed from the MTA can all establish what happened. Acting quickly to preserve this evidence is critical, particularly for camera footage, which is often overwritten within days.
What if my injuries appeared minor at first but got worse after a few days?
This is common in transit accident cases and it does not hurt your claim if handled properly. What matters is that you sought medical attention promptly and that your ongoing treatment is documented. Injuries like herniated discs, concussions, and soft tissue damage frequently present with delayed or worsening symptoms. Your attorney can work with your treating physicians to connect the worsening condition to the original incident, which is important for both the medical narrative and the damages calculation.
Will the MTA settle my case, or will it go to trial?
Many MTA claims resolve before trial, but the MTA does not settle cases quickly or cheaply without pressure. The agency’s legal team evaluates each claim and tends to make low early offers to claimants who are unrepresented or appear unfamiliar with the process. Cases that are properly documented, supported by medical evidence, and litigated by attorneys who have actually taken transit cases to trial tend to resolve at significantly higher values. The MTA knows which law firms are prepared to go to court and which are not.
MTA Injury Representation Across New York City and the Surrounding Region
Cohan Law Firm represents clients throughout every borough of New York City and the surrounding communities. In Manhattan, we handle cases arising from transit incidents in neighborhoods from Inwood and Washington Heights down through Harlem, the Upper West and Upper East Sides, Midtown, Chelsea, the Village, and Lower Manhattan. In Brooklyn, our clients come from Flatbush, Crown Heights, Bed-Stuy, Sunset Park, Bay Ridge, Bensonhurst, Borough Park, Canarsie, and East New York. The Bronx cases we handle originate from the South Bronx, Mott Haven, Fordham, Pelham Parkway, Riverdale, and Co-op City, among other neighborhoods. In Queens, we serve clients from Jamaica, Flushing, Astoria, Jackson Heights, Richmond Hill, Forest Hills, and Far Rockaway. Staten Island riders who are hurt on the Staten Island Railway or MTA bus routes are also part of our caseload.
Beyond the five boroughs, we represent injured riders and pedestrians in Long Island communities served by the Long Island Rail Road, including areas of Nassau and Suffolk Counties. Metro-North riders in Westchester, Rockland, and the Hudson Valley who are injured on MTA-operated rail lines can also turn to our team for representation. Wherever an MTA-operated vehicle or facility caused an injury in New York, Cohan Law Firm is positioned to help.
Talk to an MTA Transit Injury Attorney About Your Claim
The window to act on an MTA injury claim closes faster than most people realize. An MTA transit injury attorney at Cohan Law Firm can evaluate your situation, explain exactly where you stand on the notice of claim deadline, and start building the documentation your case needs. Our consultations are free, they happen digitally so you do not have to travel, and there are no fees unless we recover for you. If you were hurt on the subway, on an MTA bus, at a station, or by an MTA vehicle anywhere in New York City or the surrounding region, contact Cohan Law Firm now.