Injured on an MTA Bus or Subway? Here’s What Makes These Claims So Complex

Every day, millions of New Yorkers take the bus or subway to get to work, run errands, or meet up with friends. While the MTA provides a convenient way to get around, dealing with an injury claim after a subway or bus accident in New York can be daunting. At Chelli & Bush, Attorneys at Law, our mass transit accident lawyers in Staten Island have handled countless MTA injury claims over the past five decades. Here, we guide you through the complex process and fight to help you recover the fair compensation you deserve. 

Key Takeaways

• You must file a Notice of Claim with the MTA within 90 days of the bus or subway accident, so it’s important to act fast after an injury.
• Evidence such as surveillance footage, maintenance records, and internal MTA reports help us prove how a mass transit accident occurred and who was at fault.
• Multiple parties may be liable after an accident, including the MTA, private contractors, and other drivers.
• Our Staten Island personal injury lawyers offer relentless advocacy and compassionate legal representation during challenging times. 

Common Causes of Subway and Bus Accidents in New York

Finding out how an accident happened is the first step toward determining who should be held accountable. Some common causes of mass transit accidents in New York include:

Operator Negligence

Train and bus drivers have a responsibility to safely operate their vehicles. Sudden stops, speeding, distracted driving, and operating while under the influence can all lead to serious or fatal injuries like traumatic brain injury (TBI) and spinal damage. 

Unsafe Conditions and Poor Maintenance

Under local, state, and federal laws, the MTA is required to properly inspect, repair, and maintain all vehicles and stations. Broken signals, worn brakes, and unsafe subway platforms can cause harm to passengers, bystanders, and operators.

Overcrowding, poor lighting, broken handrails, defective escalators, and malfunctioning subway doors can create conditions that lead to slip-and-fall incidents or catastrophic crush injuries. These hazards are often a result of a pattern of neglect by the MTA, which could make them liable for damages.

Other Motorists

Bus accidents often involve other vehicles on the road. A distracted, speeding, or reckless driver can cause a bus to swerve, brake suddenly, or collide with another car, injuring passengers who had no control over what happened.

Discovering exactly what went wrong often takes extensive investigation. Our mass transit accident lawyers know how to gather relevant evidence and take swift action to obtain and preserve it as soon as possible. 

Manufacturing Defects

Defective brakes, steering issues, or faulty design of buses and subway cars can lead to serious mass transit accidents. When equipment fails due to a design flaw or defective part, the manufacturer may be liable for any harm that’s caused. 

Legal Complexities in Mass Transit Accident Claims

Claims involving the MTA come with legal hurdles that don't apply to other types of personal injury cases. Our bus accident lawyers are well-versed in the complex process of filing a claim against government agencies. 

Filing Deadlines and Statutes of Limitations

The MTA is a public authority. Although you can file a bus or subway accident lawsuit against them, there are strict rules and deadlines to follow. Having an experienced mass transit accident attorney by your side can ensure all procedures are properly followed.

The most crucial difference between a mass transit case and standard car accident claim is the short window of time you have to file a Notice of Claim. In most cases involving the government, you must file an official Notice of Claim within 90 days of the accident. In New York, the statute of limitations for other personal injury claims is three years. Missing the 90-day deadline can bar you from recovering any compensation at all. Many people are unaware of this tight deadline, so it’s vital to seek the counsel of a Staten Island bus accident lawyer as soon as you can. 

Evidence Challenges

Proving negligence in a subway or bus accident requires more than just a police report. Obtaining evidence like operator records, maintenance logs, and surveillance video from the MTA can be challenging. Missing or incomplete evidence can significantly weaken a mass transit accident claim. Our personal injury lawyers immediately send legal notice to preserve evidence and begin gathering any other proof we can find. .

Types of Compensation in Mass Transit Injury Cases

Victims of subway and bus accidents may suffer serious injuries that require long-term treatment and care. Our subway accident lawyers may be able to help you recover damages such as:



• Medical expenses, including future treatment and rehabilitation
• Lost wages
• Diminished earning capacity
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement
• Loss of companionship and consortium

Our mass transit accident lawyers know how to determine an accurate value for your claim and ensure it reflects the full scope of your damages. If you’ve lost a loved one, our caring team can evaluate your case and determine whether filing a wrongful death claim could be a path to find justice. 

What to Do After an MTA Accident

After an accident, you may feel stunned and unsure of what to do next. Taking these steps can strengthen your case and safeguard your rights.



• Call 911 and report the incident to MTA staff
• Take photos of the scene, your injuries, and any visible hazards
• Gather contact information from witnesses
• Seek medical attention immediately, even if your injuries seem minor
• Avoid giving a recorded statement to any MTA representative or insurance adjuster before speaking to a lawyer
• Contact a bus accident attorney as soon as possible to protect your interests 

Why Choose Our Staten Island Mass Transit Accident Attorneys?

Our compassionate team of lawyers understands that behind every case file is someone trying to hold their life together after an unexpected injury. That’s why we provide the support and tenacious advocacy you deserve throughout the process.



For more than 50 years, our personal injury law firm has stood by injured New Yorkers in Staten Island, Brooklyn, and the greater NYC area. We know MTA procedures, the tactics their legal teams use, and how to build a case that holds up under pressure from powerful agencies and their insurers.

Our attorneys handle hundreds of cases each year and have recovered more than $500 million for clients over the past five decades. 

Find a Bus Accident Lawyer Near You in Staten Island, NY

If you or someone you love was hurt on an MTA bus or subway, Chelli & Bush, Attorneys at Law is here to help you through this challenging time. To schedule a free, confidential consultation with a mass transit accident attorney near you. contact us or call 718-987-8444.We serve injury victims in Staten Island, Brooklyn, and the greater NYC area. 

Frequently Asked Questions About Mass Transit Accident Claims in NY

Who can be held liable in subway or bus accidents?

Sometimes more than one party shares responsibility. Depending on the cause of the accident, liability may fall on the MTA, vehicle operator, maintenance contractor, another driver, or manufacturer of defective parts.

What are common mistakes when filing these claims?

Injury victims are often unaware of the 90-day Notice of Claim requirement and miss the opportunity to recover compensation. Other common errors include failing to seek medical care promptly and giving recorded statements to the MTA or insurers.

Do I need a lawyer for my bus accident injury claim?

While you’re not required to hire an attorney, claims involving the MTA are complicated. Going it alone can lead to accepting less that you deserve and leave you in a precarious financial situation if you’ve suffered a serious injury. Having an experienced personal injury lawyer handle your case can give you a better chance of achieving a successful outcome.

How much does it cost to hire a personal injury lawyer?

Our subway accident lawyers take cases on a contingency fee basis. This means you won’t incur any upfront costs and we get paid only if we win your case. Attorney fees and legal costs are taken out of any settlement or court award you receive.