New York’s Unique Laws On Public Transit Accidents
If you’ve been involved in a public transit accident in New York, you’re likely dealing with a complex situation. Whether your accident occurred on a subway, bus, or any other form of public transportation, understanding your legal rights is essential. As the founder of Jonna Spilbor Law, I know firsthand how complicated these cases can be due to New York’s unique laws governing public transit accidents. The rules and procedures for filing a claim are very different from those involving private vehicles, and the path to compensation often involves strict deadlines and legal hurdles.
Public transportation in New York City is operated by entities like the Metropolitan Transportation Authority (MTA), New York City Transit (NYCT), and other government agencies. When accidents occur on these systems, the legal issues can become complex since these entities are considered government bodies. This means that different rules, including specific notice requirements and filing deadlines, apply. If you’ve been injured while using public transportation, it’s critical to understand these unique aspects of New York law to protect your right to compensation.
Liability In Public Transit Accidents
One of the first steps in filing a claim after a public transit accident is determining who is responsible for your injuries. Unlike a typical car accident where one or more private individuals may be at fault, public transit accidents involve large entities like the MTA, which is a public authority. Establishing liability can be challenging because you may be dealing with multiple parties, including transit operators, maintenance crews, or even other motorists.
New York’s common carrier law requires public transit operators to provide the highest duty of care to their passengers. This means that they are legally obligated to ensure passenger safety to a much greater degree than regular drivers. However, this doesn’t mean they are automatically liable for every accident. To recover compensation, you must still prove that the transit authority or its employees were negligent and that this negligence directly caused your injuries.
Filing A Notice Of Claim
In most personal injury cases, you can simply file a lawsuit against the responsible party. However, because public transit in New York is operated by government entities, you must follow a very specific process before you can sue. Under New York law, you must file a Notice of Claim within 90 days of the accident if you plan to seek compensation from the MTA or other public transit operators. This is outlined in the New York General Municipal Law § 50-e.
A Notice of Claim is essentially a formal notification to the transit authority that you intend to file a claim for damages. The notice must include details about the accident, such as when and where it occurred, a description of the injuries sustained, and the amount of compensation being sought. If you fail to file this notice within the 90-day period, you could lose your right to pursue a claim altogether.
After filing the Notice of Claim, you will typically need to wait for a period of 30 days before filing a lawsuit. This waiting period allows the transit authority to investigate the claim and potentially settle the case outside of court.
Statute Of Limitations In New York
In addition to the requirement of filing a Notice of Claim, you must also be mindful of the statute of limitations for public transit accident cases in New York. Under New York Civil Practice Law and Rules (CPLR) § 214, you generally have one year and 90 days from the date of the accident to file a lawsuit against the transit authority.
While this may seem like a long time, it’s important to remember that public transit accident cases often involve complex investigations. Gathering evidence, obtaining medical records, and negotiating with insurance companies can take time. Missing any deadlines, such as the filing of the Notice of Claim or the statute of limitations, can result in losing your right to pursue compensation.
Compensation For Public Transit Accident Injuries
Victims of public transit accidents may be entitled to several forms of compensation, depending on the specifics of the case. Generally, compensation in these cases is designed to cover:
- Medical Expenses – This includes hospital bills, doctor visits, medication, physical therapy, and any future medical treatment that may be necessary due to the injuries sustained in the accident.
- Lost Wages – If your injuries prevent you from working, you can seek compensation for the income you’ve lost as a result of the accident.
- Pain and Suffering – Public transit accident victims could be entitled to monetary compensation for the pain and emotional distress caused by their injuries.
- Property Damage – If your personal property, such as a phone or laptop, was damaged in the accident, you may be able to seek compensation to replace or repair it.
- Disability or Disfigurement – If your accident caused a permanent injury or left you with a long-term disability or disfigurement, this can also be factored into the compensation you receive.
Because these cases often involve government entities, there may be limits on how much compensation you can recover. It’s important to retain an experienced personal injury attorney who understands the complexities of New York’s public transit accident laws and can help maximize your recovery.
Proving Negligence In Public Transit Accidents
One of the most important aspects of any public transit accident case is proving that the transit authority or its employees were negligent. To do this, you will need to gather evidence that supports your claim. This might include:
- Police report detailing the accident
- Surveillance footage from the bus, subway, or transit station
- Witness statements from other passengers or bystanders
- Medical records showing the extent of your injuries
- Expert testimony about the safety standards and practices that may have been violated
It’s also very important to document your injuries and any losses you have suffered as a result of the accident. Keeping track of medical bills, lost income, and other expenses can help ensure you receive the compensation you deserve.
New York Public Transport Accident FAQs
What Should I Do Immediately After A Public Transit Accident In New York?
The first step is to seek medical attention for any injuries, even if they seem minor at the time. Then, report the accident to the appropriate transit authority or police. It’s also crucial to document the accident scene by taking photos, getting contact information from witnesses, and keeping a record of your injuries and any related expenses. Contact an attorney as soon as possible to ensure your rights are protected.
How Long Do I Have To File A Claim After A Public Transit Accident In New York?
You must file a Notice of Claim within 90 days of the accident if you plan to pursue a claim against the MTA or other public transit authorities. After that, you have one year and 90 days from the accident date to file a lawsuit. Missing these important deadlines can result in losing your right to compensation.
Can I Still File A Claim If The Accident Was Partially My Fault?
Yes, under New York’s comparative negligence rule, you may still be able to recover compensation even if you were partially at fault for the accident. However, your compensation will be reduced by the percentage of fault assigned to you. For example, if you are found to be 20% responsible for the accident, your compensation will be reduced by 20%.
What Types Of Compensation Can I Seek After A Public Transit Accident?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and any long-term disabilities or disfigurements resulting from the accident. The exact amount will depend on the specifics of your case and the extent of your injuries.
Small Firm Attention, Big Firm Resources
At Jonna Spilbor Law, I am dedicated to helping public transit accident victims get the compensation they deserve. If you’ve been injured in a public transit accident in New York, you need an attorney who understands the unique challenges of these cases. Contact our NYC public transit accident lawyer at Jonna Spilbor Law by calling our Poughkeepsie office at 845-485-2529 or our New York City office at 646-922-9799 to receive your free consultation. We’ll work tirelessly to protect your rights and help you get the compensation you need to recover.
