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Bus and Subway Accidents

Transit claims run on a 90-day Notice of Claim clock — the shortest deadline in New York injury law.

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What you need to know

A claim against the New York City Transit Authority, the MTA, the Long Island Rail Road or NICE bus on Long Island is a claim against a public authority, and it is governed by General Municipal Law § 50-e and Public Authorities Law.
  1. 01

    In practice that means three things:

    a Notice of Claim must normally be served within 90 days of the accident; the authority may demand a hearing under § 50-h before any suit is filed; and the lawsuit itself must be started within one year and 90 days.

  2. 02

    Miss the 90 days and the case is usually over, no matter how clear the liability.

    Late-notice applications exist but they are discretionary and far from guaranteed.

  3. 03

    The firm has tried these cases:

    an early verdict of $1,200,000 against the New York City Transit Authority for a client with a non-surgical herniated disc, and $4,000,000 for a truck driver struck from behind by a bus who sustained a brain injury.

  4. 04

    Common claims include sudden stops and starts that throw standing passengers, doors closing on passengers, platform gaps and falls, escalator and stairway conditions in stations, and collisions between buses and other vehicles. Transit systems have extensive camera coverage — which helps enormously, and which is retained for a limited period, so the demand to preserve it has to go out fast.

What these cases involve

90-day Notice of Claim

The single deadline that decides whether a transit case exists at all.

Sudden stops and starts

New York applies a heightened standard for these claims; the jerk must be unusual and violent.

Bus collisions

Where a bus strikes another vehicle, ordinary negligence rules apply on top of the notice requirements.

Platform and station falls

Gaps, wet stairs, broken escalators and inadequate lighting.

Doors and boarding injuries

Including injuries to passengers with mobility devices and Access-A-Ride claims.

§ 50-h hearings

A recorded examination before suit that shapes the whole case. Never attend one without your lawyer.

Verdicts and settlements

Recoveries obtained by this firm

  • $7,500,000

    Verdict for wrongful death, against landlord, caused by fire that spread through apartment that was without smoke detectors.

  • $4,000,000

    For a truck driver struck in the rear by a bus sustaining a brain injury.

  • $1,200,000

    Against the New York City Transit Authority for a non-surgical herniated disc sustained by his client.

All results

Prior results do not guarantee a similar outcome. Every case is different, and the result in any case depends on its own facts.

Common questions

Not answered here? A lawyer will answer it, free and at any hour.

Ask us directly
It has been more than 90 days. Is it over?
Not necessarily, but you should call today. Courts can permit a late Notice of Claim in limited circumstances, and the application gets harder with every week that passes.
The MTA wants me at a hearing.
That is the § 50-h examination. It is a formal recorded proceeding and the transcript will be used at trial. Do not attend without counsel.
I fell on a station staircase, not on a train.
Still a transit claim, with the same 90-day requirement, plus a premises analysis of notice of the condition.

In their words

What our clients say

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If there was more than 5 stars Seth Fields and his associates would get them all. Mr. FIelds went to trial with a jury in Suffolk Cty Riverhead Supreme Ct & won w/ a verdict in minutes for 100% Liability. The defense worked with Mr. FIelds in a settlement before the damages trial began. I would stop here searching any further & contact Seth Fields if you want a Smart, Attainable for your questions, concerns, Empathetic to your needs but a Bull Dog with your case, then you found your attorney.I can’t thank you enough for all your long hours, weekends, holidays that you put into 7 yrs of all my medical, motions, hearings & trial etc. WE WON! You did it and obtained a large settlement that I couldn’t be more happy after this long tough journey. I would refer everyone to you that has a case that needs fighting for. 🙏
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