With its robust public transportation system, New York is home to the subway, commuter rail lines, buses, and ferries. While the Metropolitan Transportation Authority (MTA) operates the subway and buses, residents also benefit from commuter lines run by Long Island Rail Road (LIRR) and Metro-North Railroad, as well as NYC Ferry. Unfortunately, with the number of miles covered, instances of New York public transportation accidents have become more common than one would like.
Public Transportation Accident Examples
According to NBC 4 New York, an accident that involved two buses near the Port Authority Bus Terminal early in July left 12 people injured. The same news platform reported another bus accident at the Port Authority later the same month, which injured 29 people. Fortunately, there were no reports of serious injuries in either case.
Not everyone is as lucky, though, because some public transportation accidents can lead to devastating consequences. Here are some New York public transportation accident examples that remain etched in memory.
- Dangling bus in the Bronx. In an unusual and highly publicized event, an MTA bus crashed through a retaining wall in the Bronx in January 2025, leaving the vehicle dangling over a roadway below. Fortunately, the driver, the sole occupant of the bus, escaped unhurt.
- Manhattan subway derailment. A low-speed collision between two subway trains on the Upper West Side on January 4, 2024, resulted in a derailment that caused minor injuries to more than 20 people.
- Atlantic Terminal crash. An LIRR train carrying over 600 passengers crashed into a bumper block at the end of the track at Brooklyn’s Atlantic Terminal on January 4, 2017, injuring more than 100 people.
- Metro-North derailment. A Metro-North train derailed in the Bronx on December 1, 2013, resulting in four deaths and over 60 injuries.
- Union Square derailment. On August 28, 1991, a train derailed at the Union Square station, causing five fatalities and over 200 injuries.
- Kew Gardens LIRR crash. On November 22, 1950, a rear-end collision between two LIRR trains in Kew Gardens, Queens, killed 78 people and injured 363.
- Malbone Street wreck. The Malbone Street wreck or the Brighton Beach Line accident took place on November 1, 1918, and it killed more than 90 people.
Who Is Liable for New York Public Transportation Accidents?
Pinning liability in public transportation accidents, be it through an MTA accident claim, an NYC Ferry claim, or a Metro-North Railroad claim, can be tricky because it’s possible for more than one party to share the responsibility. Depending on the specifics of an accident, those you may hold liable include public transportation agencies, bus/train operators, third-party manufacturers/contractors, and other motorists.
Public Transportation Agencies
The short answer to “Is the MTA liable for passenger injuries?” is yes, and this is true for other agencies like the New York City Transit Authority (NYCTA), LIRR, Metro-North, and NYC Ferry. This is because these agencies are responsible for the safety of their passengers, and if their negligence leads to an accident that causes injuries, it is possible to hold them liable. This can happen in cases of:
- Employee negligence.
- Poor maintenance.
- Unsafe conditions.
Bus/Train/Ferry Operators
While a public transportation agency is typically the main target of a lawsuit, it is possible to hold individual operators liable for their negligent actions. This can be if an operator is distracted, speeding, or operating while intoxicated.
Third-Party Manufacturers and Contractors
If it’s possible to trace an accident caused by a mechanical failure back to faulty repair or inspection work by a private contractor, you may hold the contractor liable. Similarly, it’s possible to hold manufacturers liable if their faulty or defective equipment in a bus, train, or ferry contributes to an accident.
Other Motorists
There are instances when other motorists cause public transportation accidents. For example, a car might run a red light and lead to a multi-vehicle crash, with your car rear-ending a bus. In this case, it is possible to hold the errant car driver liable.
Out-of-State Entities
Given New York’s role as a regional and national hub, several agencies from neighboring states provide services that extend into New York. These agencies operate under different legal frameworks, which is vital for an injured person to understand. Other federal- and state-run agencies that might be involved in accidents include:
- Amtrak (National Railroad Passenger Corporation)
- The Port Authority of New York and New Jersey (PANYNJ)
- New Jersey Transit (NJ Transit)
- Port Authority Trans Hudson (PATH)
- Connecticut Department of Transportation (CTDOT) and CTtransit
How Suing a Government Agency Works
While it’s possible to sue a government agency after a public transportation accident, know that you have to follow strict procedures and deadlines. In addition, these agencies have experienced personal injury attorneys at their disposal, and they do their best to minimize their payouts. As a result, it’s ideal that you seek advice from a public transportation accident lawyer at the onset.
Statute of Limitations for MTA Injury Lawsuits
According to New York’s Civil Practice Law & Rules (CVP) Chapter 8, Article 2, filing a personal injury claim against any New York City or New York State agency requires that you file a Notice of Claim within 90 days from the date of the accident. This applies to all the transportation agencies that operate in the state, like the MTA, NYCTA, LIRR, Metro-North, and NYC Ferry.
Then, as opposed to the statute of limitations for other personal injury cases that stands at three years, you get a maximum of one year and 90 days from the date of the accident to file a lawsuit. Once this period ends, you forfeit your right to seek legal recourse.
Common Causes of Public Transportation Accidents
Public transportation accidents can have a wide range of causes, and the specific reason for an accident, whether it’s on a bus, subway, train, or ferry, is crucial for building a successful legal claim.
Operator Error
When it comes to bus accidents, some of the most common types of operator error include speeding, distracted driving, aggressive driving, running red lights, improper lane changes, and failing to check blind spots when making turns. Driver fatigue is also a major factor, especially for operators working long hours or irregular shifts.
Common causes of subway and train accidents include speeding around curves, failing to adhere to signals or speed limits, or being distracted. In addition, sudden stops can cause passengers to fall and sustain serious injuries.
Mechanical Failure and Poor Maintenance
Bus accidents can take place because of brake failure, tire blowouts, steering issues, or engine malfunctions. Mechanical failures in subways and trains can lead to derailments, and these can come in the form of malfunctioning wheels or axles, defects in the braking system, and signal malfunctions.
Track and Infrastructure Defects
For trains and subways, the condition of the tracks and surrounding infrastructure is paramount to safety. Not surprisingly, track defects are a leading cause of train derailments. These can include broken or misaligned rails, worn-out ties, and faulty welds. Extreme weather can also cause rails to expand or contract, leading to dangerous track conditions.
Unfortunately, accidents are not limited to the mode of transport. For example, you may suffer from a slip and fall accident on a platform because of a wet floor, broken tiles, or debris. Gaps between trains and platforms can also lead to serious injuries.
Environmental Factors
While not always the direct cause, environmental conditions can contribute to accidents and exacerbate their severity. For instance, heavy rain, snow, ice, or fog can make roads and tracks slippery and reduce visibility, making it more difficult for operators to maintain control of the vehicle. In addition, poor road conditions or inadequate signage can create hazards for bus drivers and increase the risk of accidents.
Do I Need a Lawyer for a Public Transportation Accident?
If you have questions like what to do after a subway accident in NYC, how to file a claim against the MTA in New York, or what to do if you are injured on a Metro-North train, it might be in your best interest to consult a public transportation lawyer or attorney soon. This is because fighting a case against a government agency requires paying attention to different aspects, and having legal help by your side is ideal.
- Determining liability. This involves identifying the responsible party, which could be a public transportation agency, an operator, or a third party. Your attorney can investigate the accident to establish fault and negligence.
- Seeking compensation. Your attorney, with the help of expert witnesses, will arrive at a number to seek as compensation for medical expenses, lost wages, pain and suffering, and other damages.
- Navigating the claims process. Public transportation accident claims often involve navigating complex regulations and procedures, especially when dealing with government entities, and you may count on your attorney to guide you through the legal process.
- Understanding relevant laws. Attorneys understand the specific laws and regulations governing public transportation and can use this knowledge to build a strong case.
- Negotiation and litigation. Your attorney will first try to negotiate a settlement with the opposing party/parties. If that fails, you can take your case to court.
Class Action Lawsuit or Mass Tort
Since public transportation accidents tend to involve multiple victims, your attorney can help determine if there are grounds for filing a class action lawsuit. This can be the case if the victims suffer similar injuries. However, not all cases that involve multiple plaintiffs go the class action way because the victims stand to receive the same share of the settlement amount. In scenarios where victims suffer varied injuries, filing a mass tort might be more appropriate.
Conclusion
If you or a loved one has been involved in a New York public transportation accident, you should try to discuss your case with a personal injury attorney who specializes in this realm at the earliest. This crucial step will give you an indication of where you stand legally and help you determine whom to file a claim against. Then, while your attorney will handle all the legal intricacies for you, you can focus on your path to recovery.