Bronx, NY (September 3, 2026) – Moet McCullum, a New York City Transit construction flagger and mother of three from Brooklyn, died after being struck by a subway train near the 161st Street-Yankee Stadium station in the Bronx, according to NYC Transit and Transport Workers Union Local 100.
McCullum, who had been on the job for 11 months, was preparing to set up flagging lights on the tracks when she was struck by a southbound D train coming from the 167th Street station just after 11:30 p.m. on September 3, NYC Transit President Demetrius Crichlow said.
The flagging lights McCullum was setting up are meant to alert oncoming trains to the presence of a work crew, TWU Local 100 officials said at a news conference the following day. The officials said the operator of the D train did not report seeing any lights ahead and was proceeding at normal speed.
It was the first on-the-tracks fatality of a transit worker since November 2023, when 57-year-old construction flagger Hilarion Joseph was struck and killed by a D train at the 34th Street-Herald Square station. Another flagger suffered severe head trauma in June 2024 after being struck by an out-of-service train in Brooklyn. Following the 2023 death, the Federal Transit Administration ordered the MTA to improve track safety, an order the MTA has appealed.
The National Transportation Safety Board dispatched an investigative team the day after McCullum’s death. NYC Transit and TWU Local 100 both said the cause is still being determined.
This is a developing story. Details may change as the investigation continues.
What Happens After an On-the-Job Transit Worker Death in New York
Is the family limited to workers’ compensation, or can they also pursue a claim?
Because McCullum was on duty for NYC Transit when she was killed, New York’s Workers’ Compensation Law generally routes her family to death benefits through that system rather than a lawsuit against her direct employer. Whether any other legal path exists depends on who else may share responsibility for what happened on the tracks that night.
Could anyone besides the employer share responsibility?
If the investigation finds a problem with the train’s warning systems, the flagging light equipment, or a contractor separate from NYC Transit, the family could have a claim against that party under New York construction accident law that runs independent of a workers’ compensation death benefit.
What does the NTSB investigation mean for the family?
Investigators are examining why the train operator did not see or react to the flagging lights. That finding will shape whether a claim exists beyond the workers’ compensation system, so the family should not treat the internal review as the final word before their own attorney looks at the evidence.
What is the filing deadline?
Workers’ compensation death benefits and any separate civil claim run on different clocks. Because a civil claim could ultimately involve the MTA as a public authority, New York law would require a notice of claim within 90 days of the date of death under General Municipal Law § 50-e, putting that deadline at December 2, 2026. A deadline like that can pass before an investigation even concludes, which is why waiting for final answers before talking to an attorney can cost the family options.
Contact Our Bronx Wrongful Death Attorneys
Losing a mother of three just 11 months into a new career, in an accident meant to be prevented by lights she was setting up herself, is the kind of loss that comes with more questions than a family can carry alone.
Our Bronx wrongful death lawyers review transit and workplace fatalities alongside workers’ compensation claims to find every path available to a grieving family, and have recovered more than $900 million for injured New Yorkers and their families.
The NTSB’s findings on the train’s warning systems and the flagging equipment will matter here, so the sooner an attorney is involved, the sooner that evidence can be tracked as the investigation unfolds.
We work on contingency for any civil claim, so there is no upfront cost to the family and nothing owed unless we recover money for you.
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Talk With a Bronx Wrongful Death Attorney at (718) 733-9300
Call anytime, or ask us to come to the family directly so no one has to explain this loss over the phone from scratch.
