New York City MTA Accident Lawyer
Whether you were hurt in an MTA New York bus collision, subway station slip-and-fall, or a platform gap fall, we provide the aggressive advocacy needed to hold the city’s transit giant accountable. Our legal team moves immediately to preserve fading evidence, secure surveillance footage, and identify the correct liable subsidiaries.
Being hurt on an NYC bus or subway is disorienting. The pain is real, the bills start immediately, and most people don’t know that the clock on your legal rights began ticking the moment the accident happened.
The MTA is not just another driver. It is a government agency with its own legal team, its own investigators, and procedural rules that exist nowhere else in personal injury law. Nearly 5 million people use New York City’s transit system every day, and when accidents happen, the path to compensation is defined by filing requirements that begin counting down the moment the accident occurs.
At Frekhtman & Associates, our New York City MTA accident lawyer represents passengers, pedestrians, and bystanders injured through the negligence of the Metropolitan Transportation Authority, its subsidiaries, or its employees. We investigate immediately, file every required document on time, and fight for the full compensation our clients are owed.
Our firm has recovered $2.8 million in Matsur v. New York City Transit Authority: a verdict secured directly against the MTA’s own operating arm. We work on contingency, and you pay nothing unless we win.
About Arkady Frekhtman
Arkady Frekhtman has represented personal injury victims in New York for more than 25 years, handling cases across catastrophic injury, motor vehicle accidents, and transit authority claims. He earned his J.D. from the University of Texas School of Law, was admitted to the New York Bar in 1999, and founded Frekhtman & Associates in Brooklyn. He secured a $2.8 million verdict against the New York City Transit Authority in Matsur v. NYCTA, holds an AVVO rating of 9.9, and has been recognized by the American Institute of Personal Injury Attorneys as one of the Ten Best Attorneys for Client Satisfaction. He is a member of the National Top 100 Trial Lawyers and speaks English and Russian.
Injured on an NYC MTA Bus, Subway, or Train? We Handle All of It
The MTA operates one of the largest public transportation systems in North America, and injury claims against it involve special rules, short deadlines, and government procedures. The volume of MTA injury claims reflects how often these accidents occur. An NBC New York I-Team investigation found the MTA’s legal claim payouts reached $426 million in 2021, a 175% increase over the prior decade.
We handle cases involving:
- NYC Transit Buses: With over 5,800 buses traversing the five boroughs as of 2026, accidents are an unfortunate reality.
- NYC Subway: With 472 stations and roughly 665 miles of track, the subway system presents serious risks for riders, pedestrians, and workers.
- LIRR & Metro-North: Accidents involving these commuter rail systems often raise complex claim issues and strict notice requirements.
- Staten Island Railway: Even on NYC’s borough-specific rail line, negligence can lead to serious injuries.
If you were hurt in an NYC bus accident, subway, commuter rail, or the Staten Island Railway, or struck as a pedestrian by an MTA vehicle, your case may require immediate action to protect your right to compensation.
IMPORTANT: Regardless of which MTA vehicle or service injured you, the 90-day Notice of Claim filing requirement applies to every one of them. Missing this deadline permanently eliminates your right to sue in most circumstances. If you were recently hurt, contact our office today; do not wait.
What to Do After an MTA Accident in New York City
The MTA dispatches its own investigators to serious accident scenes within hours. Its team is photographing, documenting, and building a record before you leave the hospital. What you do in the first hours shapes how your case develops from that point forward.
- Get medical attention the same day. Many MTA accident injuries, including traumatic brain injuries and spinal damage, produce no immediate symptoms. A gap between the accident and your first doctor visit gives the MTA’s defense team a basis to argue your injuries came from a different cause.
- Call 911 and secure a police report number. This creates an official record tied to the specific date, time, and location of the accident. An officer-generated report is far harder for the MTA to dispute than any self-submitted account.
- Document everything at the scene. Photograph the vehicle, the platform, or road conditions, your visible injuries, and anything that contributed to the accident. If witnesses are present, collect their names and contact information. MTA investigators will reach out to them, too.
- Do not give a recorded statement. MTA adjusters call quickly, often before you fully understand your injuries. Anything you say without legal counsel can be used to minimize your claim or shift blame onto you.
- Contact our office before the 90-day deadline. Our MTA accident attorneys act the same day to preserve surveillance footage, gather witness statements, and meet every filing requirement on your behalf.
Why Most MTA Accidents Happen: Identifying Preventable Negligence
In New York City, most transit accidents are not “accidents” at all. They are often the direct result of one of three categories of systemic failure. Establishing which one caused your injury is the foundation of building a winning liability case.
1. Operator Negligence & Human Error
The pressure of maintaining tight schedules often leads to dangerous shortcuts. Common operator-side causes include:
- Speeding through dense residential routes or running red lights.
- Driver fatigue resulting from grueling shifts and overtime.
- Failure to yield to passengers boarding, disembarking, or crossing.
- Blind-spot collisions: Bus drivers who fail to clear their perimeter before pulling away from a stop are responsible for some of the most catastrophic MTA fatalities in recent years.
2. Equipment & Maintenance Failures
The MTA is legally mandated to maintain its fleet to strict safety standards. When the agency cuts corners on infrastructure, the results are often mechanical:
- Defective Braking Systems: Common in both bus and subway jerk accidents.
- Faulty Subway Doors: Leading to dragging incidents or limb entrapment.
- Neglected Infrastructure: Broken escalators, elevators, and worn wheel assemblies that should have been flagged during pre-trip inspections.
3. Hazardous Conditions on MTA Property
Under New York premises liability law, the MTA has a “duty of care” to keep its stations and vehicles safe for the public. We hold them accountable for:
- Slip and Fall Hazards: Unmarked wet floors, platform ice, or oil leaks in subway cars.
- Inadequate Lighting: Creating hidden trip hazards in stairwells and corridors.
- Structural Defects: Broken platform edge strips and crumbling staircases.
- Overcrowding Negligence: Failing to manage platform density, leading to crush injuries or falls onto the tracks.
Injuries Common in MTA Accidents
When collisions, sudden stops, platform incidents, or equipment failures occur, the forces involved can cause injuries that are far more serious than they initially appear. Many transit-related injuries, particularly neurological and soft-tissue injuries, may not fully present symptoms until days or weeks after the accident.
Our MTA accident attorneys handle cases involving:
- Traumatic brain injury and concussion
- Spinal cord injury and paralysis
- Broken bones and fractures
- Soft tissue injuries and chronic neck and back pain
- Lacerations and degloving injuries
- Burn injuries
MTA adjusters frequently classify soft tissue injuries as minor, particularly when early imaging appears normal. Keeping a daily record of your symptoms from the date of the accident can be important: what gets dismissed in the first two weeks often becomes central evidence once your full diagnosis is confirmed.
Who Is Liable in an NYC MTA Accident?
Liability in MTA accident cases is layered. Identifying every responsible party before filing is one of the most consequential decisions made early in a case, because missing a defendant can mean leaving substantial compensation off the table.
- The Metropolitan Transportation Authority bears responsibility for systemic negligence, inadequate training, policy failures, and dangerous conditions that persist across its network.
- The New York City Transit Authority (NYCTA) is the MTA subsidiary that directly operates the subway and local bus routes. If your injury happened on a city bus or in the subway system, the NYCTA is typically the named defendant.
- Individual MTA employees and operators carry personal liability in cases involving negligence, distracted operation, or willful misconduct that directly caused the injury.
- Vehicle and equipment manufacturers bear liability when a defective part or product contributed to the accident, independent of any MTA operational failure.
- Transit workers and MTA employees injured on the job may have rights beyond standard workers’ compensation. Railroad employees covered under the Federal Employers’ Liability Act (FELA), the federal law that governs railroad worker injury claims, can pursue compensation directly from their employer for negligence. If you were injured while working for the MTA, the applicable legal framework depends on your specific role and the circumstances of the accident. We can evaluate which claims apply to your situation.
Multiple defendants can and frequently should be named simultaneously. A thorough investigation typically identifies more than one point of failure, and our team pursues every one.
How to File a Claim Against NYC MTA: The 90-Day Notice of Claim
Suing a government entity like the MTA is fundamentally different from suing a private driver or corporation. As a public authority, the MTA is protected by specific procedural hurdles.
To preserve your right to compensation,
- You are required to serve a formal Notice of Claim upon the agency within 90 days of the accident under New York General Municipal Law § 50-e.
- The notice must include your identity, the nature of the claim, your specific injuries, and the exact location and date of the incident.
- Once the notice is filed, the MTA may conduct a “50-H” hearing, an examination under oath, required by New York law, before you are permitted to file a lawsuit. This is not a trial; it is a sworn question-and-answer session with an MTA attorney. Your NYC personal injury lawyer prepares you for it and can be present throughout.
- After that process concludes, you have one year and 90 days from the date of the accident to file a lawsuit. You cannot file suit until at least 30 days have passed after submitting the Notice of Claim.
- You can file the Notice of Claim in person, by certified mail, or through the NYC Comptroller’s eClaim portal.
Unsure whether your Notice of Claim was filed correctly?
Contact our office immediately. Call (866) 288-9529. An incorrect filing carries the same risk as no filing at all.
Compensation Available in an MTA Accident Case
The MTA’s insurance adjusters are trained to move fast and settle low. A quick offer that covers your emergency bill rarely reflects what your injury will cost you over the following months and years.
| Economic Damages (Directly measurable financial losses your injury produces) | Non-Economic Damages (Intangible impacts on daily life) |
|---|---|
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When an MTA accident results in a fatality, surviving family members may file a separate wrongful death claim. That claim can recover funeral costs, loss of financial support, loss of parental guidance, and compensation for the grief and suffering of those left behind.
MTA bus accident settlements can range from tens of thousands of dollars for minor soft tissue cases to several million for catastrophic injuries. Our firm’s case results include a high-value $2.8 million verdict in Matsur v. New York City Transit Authority. No two cases are the same. The value of your claim depends on injury severity, medical costs, lost income, and available coverage.
Why Suing the MTA Is Different From Any Other Personal Injury Case
A private driver who hits you answers to their insurance company. When the MTA injures you, you are facing a government behemoth equipped with a full-time legal division, a dedicated accident investigation unit, and decades of experience limiting payouts to injured New Yorkers.
The 90-day window is only the first procedural trap. Ordinary personal injury litigation doesn’t involve the pre-lawsuit hearings, strict documentation standards, or government-specific legal defenses that the MTA uses to shield itself from liability.
Time is your greatest concern. Surveillance footage from MTA buses and subway platforms is often overwritten within days. Witness recollections fade, and physical hazards at accident sites are quickly repaired. Our team moves the moment you call, securing independent evidence to counter the MTA’s narrative before it disappears.
How Our Legal Process Works
- Free Consultation and Case Review: We evaluate your claim at no cost through our legal team and give you an honest picture of its value and the deadlines that apply before you make any decision.
- Immediate Investigation and Evidence Preservation: We request MTA surveillance footage before it is overwritten, send investigators to the accident scene, and lock down witness accounts while the facts are still current.
- Filing the Notice of Claim: We manage every aspect of the Notice of Claim filing, including confirming the correct MTA subsidiary for your specific case, to make sure nothing is missed or incorrectly submitted.
- Settlement Negotiation or Trial: We handle all communication with the MTA’s legal representatives. If a fair settlement is not reached, we take the case to court. Our track record against the New York City Transit Authority reflects that we try cases when it is what our clients need.
- No Financial Obligation: We work on a contingency fee basis and collect a fee only from the compensation we recover. If we do not win, you owe us nothing.
Serving MTA Accident Victims Across All Five NYC Boroughs
Frekhtman & Associates represents MTA accident victims across every borough in New York City. Our attorneys handle cases in Manhattan, Brooklyn, Queens, and the Bronx, including the heaviest bus corridors, the major subway lines, and Access-A-Ride cases across all five boroughs. Staten Island Railway and express bus cases are part of our practice as well.
If you were injured on an MTA vehicle or at an MTA facility anywhere in New York City, contact us for a free case review. Our office is in Brooklyn, and our reach extends across the entire transit network.
The MTA Is Building Its Defense - Start Building Yours Today
The moment an accident occurs, the MTA’s investigators, legal teams, and adjusters begin working to minimize your claim. Every day you wait is a day they use to control the narrative and devalue your case.
Frekhtman & Associates moves the same day you call. We immediately secure evidence, identify all liable parties, and file every required document before your rights expire.
Call us at (866) 288‑9529 or request a free case evaluation.
MTA Accident FAQs
Do I Need a Personal Injury Lawyer If the MTA Accident Was Minor?
Yes, you may need a personal injury lawyer even if your injuries seem minor. You still must file a Notice of Claim within 90 days to preserve your right to any compensation. Soft tissue injuries that feel manageable in the first week frequently develop into chronic conditions over months.
Can I Sue the MTA If I Was Partially At Fault for the Accident?
Yes. New York follows pure comparative negligence, meaning your compensation is reduced by your percentage of fault, but is not eliminated by it. If you were 30% at fault and your total damages are $500,000, you recover $350,000. The MTA’s legal team will work to assign you as much responsibility as possible. An experienced attorney builds the factual and evidentiary record that limits the argument from the beginning of the case.
Can I Sue a Third Party for an Injury on MTA?
In many cases, yes. If a private vehicle collided with an MTA bus and caused your injuries, that driver and their insurer are a separate source of compensation alongside the MTA. If defective equipment manufactured by a third party contributed to the accident, the manufacturer may carry liability independent of the MTA’s own failures.
What is an Access-A-Ride Accident Claim?
Access-A-Ride is the MTA’s paratransit service for passengers with disabilities. Because Access-A-Ride is often operated by private contractors (like Global Paratransit or MV Transportation) under contract with the MTA, these cases are legally complex. You must often file a Notice of Claim against the MTA and a standard lawsuit against the private carrier simultaneously.
What If I Missed the 90-Day Notice of Claim Deadline?
Missing the 90-day window does not automatically end your case, but it does require a court order to proceed. Under New York law, an attorney may file a motion for leave to file a late Notice of Claim. Courts consider whether the delay was excusable, whether the MTA had actual notice of the facts underlying the claim, and whether the agency is prejudiced by the late filing. These motions are not guaranteed, and the longer you wait beyond 90 days, the harder they become. If you have missed the deadline, contact us as soon as possible so we can evaluate whether a late filing motion is available in your situation.
Contact For A Free Case Review
While it’s possible to handle a personal injury case on your own, having an experienced attorney by your side significantly increases the likelihood of a favorable outcome. According to studies, victims represented by a personal injury lawyer receive higher settlement amounts compared to those who handle their cases independently. For a free case evaluation: