Bronx, NY (September 3, 2026) – A 41-year-old MTA construction flagger died after being struck by a subway train while working on the tracks near the 161st Street-Yankee Stadium station, the Metropolitan Transportation Authority confirmed.
Moet McCullum was working as a flagger, responsible for notifying passing trains that crews were on the tracks, when she was struck near River and East 161st Streets, according to the MTA. She was hit by a D train just after 11:30 p.m. Thursday night.
McCullum was rushed to a local hospital, where she later died from her injuries.
Leadership from Transport Workers Union Local 100 said at a briefing Friday that both the train crew and the track workers were in compliance with safety protocol at the time, and that the train had been given the go-ahead to proceed before McCullum was struck. What led to the miscommunication remains unclear, union officials said.
“At transit, it is a big family, and so, you know, to lose one, it hurts at its core,” MTA President Demetrius Crichlow said.
TWU Local 100 President John Chiarello said the union will work with every agency involved to determine what happened, adding that the train crew members involved will carry the weight of the incident as well.
The MTA said McCullum had worked as a flagger for about 11 months. She is survived by three children, her mother, and a twin sister who also works for the MTA, as a conductor.
The incident is now under investigation by the National Transportation Safety Board, the New York City Transit Joint Safety Task Force, and the Local 100 safety team.
This is a developing story. Details may change as the investigation continues.
Wrongful Death Claims After a Fatal MTA Workplace Accident in New York
Can the family pursue a claim while the investigation is still open?
Yes. An open investigation by the NTSB, the Transit Joint Safety Task Force, or Local 100’s own safety team does not stop a family from pursuing a claim. A workplace death like this one typically triggers a workers’ compensation death benefit claim against the employer first, since workers’ compensation does not require proving fault.
Can the family recover from anyone besides the employer?
Sometimes. If a party other than the employer, such as a subcontractor, an equipment manufacturer, or another entity connected to the work zone, contributed to the accident, a separate third-party claim may be available alongside workers’ compensation benefits. Our MTA accident lawyers in New York review scheduling records, radio and signal logs, and safety protocol documentation to determine who else may share responsibility.
What does the investigation status mean for the family?
TWU Local 100 says both the train crew and the track team followed protocol, and that the miscommunication behind the crash is still unclear. That detail matters, because it points to a possible breakdown in the communication system itself rather than one person’s mistake, which is often where a third-party or systemic liability claim begins.
What is the filing deadline?
Under New York law, a wrongful death claim generally must be filed within two years of the date of death. If a claim ends up involving the MTA or another public authority as a third party, New York law separately requires a notice of claim within 90 days (Gen. Mun. Law § 50-e), a far shorter window that can end a claim permanently if missed.
Contact Our Bronx Wrongful Death Attorneys
Losing a family member in a workplace accident leaves behind grief, unanswered questions, and an investigation that has only just begun. No family should have to sort through radio logs, agency reports, and safety protocols on their own while they are grieving.
Our Bronx wrongful death attorneys have represented the families of transit, construction, and municipal workers killed on the job across New York City, and have recovered $2,000,000 in a past wrongful death case for a grieving family.
When an accident happens because of a breakdown between agencies, faulty equipment, a contractor’s error, or a communication failure like the one described here, the records showing what happened can be lost, overwritten, or reassigned once the investigation closes. Preserving that evidence early, while it still exists, is often what separates a strong claim from one that never gets answered.
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