Public Transportation Accident Attorney in New York City, NY

Public Transportation Accident Attorney

What Our Clients Say

Who Needs a Public Transportation Accident Attorney in New York City?

You need a public transportation accident attorney if you were injured while riding, boarding, exiting, or walking near public transit in New York City. That includes passengers on MTA buses, subway trains, the Long Island Rail Road, Metro-North, the Staten Island Ferry, and private or charter bus lines. It also includes pedestrians and cyclists struck by transit vehicles.

Whether your accident happened on the F train in Brooklyn, on an MTA bus in the Bronx, at Penn Station, on the LIRR in Jamaica, Queens, or at a Manhattan bus stop, the law gives you the right to seek compensation. But transit cases have strict filing deadlines that don't apply to regular car accident claims. You typically have just 90 days to file a notice of claim against the MTA or another government entity. Missing that window can end your case before it begins. The sooner you call, the better we can protect your rights.

Common Situations We Handle

Sudden Stops and Unexpected Acceleration

Bus and subway drivers who brake hard or accelerate without warning can send standing passengers flying into seats, poles, and doors. These incidents cause fractures, spinal injuries, torn ligaments, and traumatic brain injuries. We've represented clients who suffered torn meniscus, herniated discs, and broken bones from these moments.

Slip and Falls on Buses, Trains, and Platforms

Wet floors, poorly maintained steps, and slippery subway platforms create dangerous conditions every day in New York City. Transit authorities are responsible for keeping vehicles and stations reasonably safe. When they fail to do that, and you fall and get hurt, they can be held liable.

Doors Closing on Passengers

Bus and train doors closing on riders before they've safely boarded or exited is more common than transit agencies admit. The injuries can range from bruised arms to broken bones and shoulder damage. We've handled cases where passengers were dragged or knocked to the ground when doors closed prematurely.

Pedestrians and Cyclists Struck by Transit Vehicles

MTA buses and other transit vehicles regularly share the road with pedestrians and cyclists. When a driver fails to yield at a crosswalk, runs a red light, or swings wide on a turn, the results can be devastating. We secured a $1.9 million post-verdict settlement for Nanette, a 57-year-old woman struck by a Liberty Lines Transit bus in the Bronx as she crossed legally in a crosswalk.

Bus and Train Collisions

When a transit vehicle collides with another car, truck, or fixed object, passengers often have no warning and no way to brace for impact. These collisions can result in serious injuries to the head, neck, spine, and extremities.

Platform Falls and Station Hazards

Dangerous gaps between train cars and platforms, poor lighting, broken handrails, and wet station floors cause falls that lead to serious injuries. Stations across all five boroughs are maintained by the MTA, which has a duty to keep them safe.

Boarding and Exiting Accidents

Drivers pulling away before a passenger has fully boarded or exited, buses lurching from a stop, and icy or wet steps at bus stops all create preventable accidents. The transit authority can be held responsible when these situations injure riders.

LIRR and Metro-North Train Accidents

Commuter rail accidents on the Long Island Rail Road and Metro-North involve different procedures and potentially different liable parties than MTA subway or bus claims. We handle both and know how to identify who is responsible and what deadlines apply.

Why Hiring a Public Transportation Accident Lawyer Matters

Hiring an attorney after a public transit accident significantly changes your chances of getting fair compensation. Without representation, you're negotiating against government agencies and insurance carriers whose job is to pay as little as possible.

Transit cases are not like regular personal injury claims. The MTA and NYC Transit have layers of legal protection that private companies don't. They have sovereign immunity arguments, complex procedural requirements, and experienced defense teams who handle these cases every day. If you miss the 90-day notice of claim deadline, if your notice is filed with the wrong entity, or if your 50-e examination goes poorly because you weren't prepared, your case can fall apart before a lawsuit is ever filed.

Beyond the procedural traps, there's the evidence problem. Transit surveillance footage is often deleted within days. Witness information disappears. Maintenance records get harder to obtain. Acting quickly with an experienced attorney gives your case the best foundation.

At Michael Gunzburg, P.C., we prepare every case for trial from day one. That posture matters. The MTA knows which attorneys will push a case to verdict and which ones fold early. When they know we're ready to go to trial, it changes how they negotiate.

Who Can Be Held Responsible?

Responsibility for a public transportation accident can fall on multiple parties, and identifying all of them matters for the strength of your case. We investigate thoroughly to make sure no responsible party escapes accountability.

Potentially liable parties include:

• The MTA (Metropolitan Transportation Authority) for bus and subway accidents
• New York City Transit Authority (NYCTA) for subway and local bus operations
• MTA Bus Company for select MTA bus routes
• Long Island Rail Road (LIRR) for commuter rail accidents
• Metro-North Railroad for Hudson Valley and Connecticut commuter lines
• Private and charter bus companies for accidents on private lines
• Individual drivers and operators for negligent operation
• Vehicle manufacturers when defective equipment contributes to the accident
• Maintenance contractors responsible for vehicle or station upkeep
• The City of New York when road conditions or signal failures play a role

Government entities like the MTA are often shielded by procedural rules that make claims harder to bring, but not impossible. We've successfully recovered millions from these organizations and know exactly how to pierce those defenses.

What You May Be Entitled To Recover or Achieve

You can recover both financial and non-financial compensation after a public transportation accident in New York City. The specific damages available depend on the facts of your case and the severity of your injuries.

Financial damages may include:

• Past and future medical expenses, including surgery, physical therapy, and ongoing care
• Lost wages from time missed at work during recovery
• Loss of future earning capacity if your injuries affect your ability to work long-term
• Out-of-pocket costs related to your accident and treatment

Non-financial damages may include:

• Pain and suffering
• Permanent disability or disfigurement
• Loss of enjoyment of life
• Emotional distress

In cases involving serious injuries, fractures, spinal cord damage, traumatic brain injuries, or permanent disability, compensation can reach six or seven figures. We've recovered $1.9 million for a pedestrian struck by a bus, and $1.5 million for a physician who tore her meniscus when an MTA bus accelerated without warning. We fight to recover everything you're entitled to, not just the easy number.

New York's no-fault system may also provide Personal Injury Protection (PIP) benefits through the bus operator's insurer for medical costs and a portion of lost wages, regardless of fault. If your injuries meet New York's serious injury threshold, which includes fractures, significant disfigurement, and permanent limitation, you can pursue a full liability claim on top of PIP benefits.

Important Deadlines and Legal Rules for Public Transportation Accident Cases

You have 90 days from the date of your accident to file a notice of claim against the MTA, NYC Transit, or any other government transit entity. This is the single most important deadline in a public transportation case, and missing it almost always ends your right to recover.

Here's what you need to know:

• 90-day notice of claim: Required for any claim against the MTA, NYCTA, or another public authority. This is a formal written notice, not just a report to transit staff.
• Section 50-e hearing: After the notice is filed, you'll be required to attend a hearing where the transit authority's attorneys question you under oath about the accident and your injuries.
• One year and 90 days: This is the deadline to actually file the lawsuit after the accident date, and it applies to government defendants.
• Three years: The general statute of limitations for personal injury claims against private parties. Private bus companies and maintenance contractors may fall under this longer window.
• Surveillance footage: Transit agencies typically keep camera footage for only a short period. Preserving this evidence requires fast action.

Because these timelines are short and the procedural requirements are exacting, you should call an attorney immediately after your accident, not in a few weeks.

What to Expect When You Work With Us

Our process is designed to protect your rights and build the strongest possible case from the moment you call us.

Step 1: Free Consultation and Honest Case Review

We sit down with you, or speak with you by phone, to go through exactly what happened, review any documentation you have, and give you a straightforward assessment of your case. No pressure, no guarantees we can't keep, and no charge.

Step 2: Immediate Investigation and Evidence Preservation

We move fast. We contact the transit authority to request preservation of surveillance footage, maintenance records, and driver logs before they're destroyed. We gather witness contact information, investigate the scene, and document everything relevant to your claim.

Step 3: Filing the Notice of Claim

We prepare and file your notice of claim within the 90-day window, filed with the correct government entity. Getting this step right is non-negotiable. A notice filed with the wrong agency or after the deadline can be fatal to your case.

Step 4: 50-e Hearing Preparation and Attendance

We prepare you thoroughly for your Section 50-e examination so you walk in knowing what to expect. We're with you during the hearing and handle all communications with the transit authority's attorneys.

Step 5: Negotiation or Trial

We prepare every case as if it will go before a jury. That preparation gives us real leverage in negotiations. If the transit authority makes a fair offer, we'll tell you honestly. If they don't, we go to trial. Some of our best results, including the $1.9 million bus accident recovery, came because we were willing to fight all the way.

Benefits of Hiring Michael Gunzburg, P.C.

No Fee Unless We Win

We handle public transportation accident cases on a contingency basis. You pay nothing upfront and nothing at all unless we recover money for you. This levels the playing field against transit authorities and their insurance companies.

39+ Years of Transit Litigation Experience

Transit cases require a specific knowledge of MTA procedures, government immunity rules, Section 50-e hearings, and the strategies defense teams use. Michael Gunzburg has handled these cases for nearly four decades and knows how every step works.

Direct Access to Your Attorney

You work directly with Michael Gunzburg throughout your case, not a paralegal or associate who cycles in and out. Phone calls are returned within 24 hours. You're kept informed and involved in every decision.

Trial-Ready Preparation

We don't settle for less because we're not ready for trial. Every case is built from day one as if a jury will decide it. Transit authorities know who will fight and who won't. Our track record makes the answer clear.

Unique CPA Credentials

Michael Gunzburg is both an attorney and a Certified Public Accountant licensed in New York State since 1987. In cases involving lost wages, diminished earning capacity, or complex financial damages, that background gives us an edge most attorneys don't have when it comes to calculating and presenting what you've truly lost.

Proven Results & Client Experience

Over 39+ years representing injured New Yorkers, Michael Gunzburg, P.C. has secured multimillion-dollar verdicts and settlements in public transportation cases and personal injury cases throughout New York City.

Notable public transportation case results include:

• $1.9 Million Post-Verdict Settlement for Nanette, a 57-year-old Bronx woman struck in the crosswalk at Jerome Avenue and East Knightsbridge Avenue by a Liberty Lines Transit bus. Eyewitness testimony confirmed the bus driver was holding a cellphone at the time of impact. The jury found in the plaintiff's favor, and the case settled after the verdict for a significant sum.
• $1.5 Million Jury Verdict for a physician who suffered a torn meniscus requiring surgery when an MTA bus suddenly accelerated without warning.
• $850,000 Settlement for a 76-year-old woman who sustained multiple disc herniations and spinal fractures when a bus traveling to Atlantic City flipped over.

One client, Cesar, described his experience this way:

"He went way above and beyond the law to ensure that my case and my family landed squarely on both feet firmly fixed to the ground. I couldn't imagine how my case and my life would have turned out without him."

Clients tell us regularly that after their cases conclude, they miss hearing from us, because throughout the process, we stay in close contact. That communication isn't just courtesy. It helps us build stronger cases.

Read more on our client reviews page or visit our verdicts and settlements section to see a full record of results.

Common Questions About Public Transportation Accident Claims

How long do I have to file a claim after a public transportation accident in New York City?

You have 90 days from the date of your accident to file a notice of claim against the MTA, NYC Transit, or any other government transit authority. This deadline is separate from and much shorter than New York's typical three-year personal injury statute of limitations. Missing this 90-day window almost always bars your claim permanently, regardless of how serious your injuries are. After the notice is filed, you then have one year and 90 days from the accident date to file the actual lawsuit. Because these deadlines are strict and unforgiving, you should speak with an attorney as soon as possible after your accident.

Can I sue the MTA or NYC Transit for my injuries?

Yes, you can sue the MTA and NYC Transit when their negligence caused your injuries. The process is more complex than suing a private company because government entities have procedural protections, including the 90-day notice requirement and the mandatory Section 50-e examination hearing. However, when a driver operates recklessly, a vehicle is improperly maintained, or a station is left in an unsafe condition, the transit authority can be held liable. We've successfully recovered millions from the MTA and other transit authorities for our clients.

What if I wasn't hurt on the bus or train itself, I was hit by one?

Pedestrians and cyclists struck by MTA buses, transit vehicles, and private bus company vehicles can also bring claims. The same 90-day notice requirement applies if the vehicle is operated by a government authority. We secured a $1.9 million post-verdict settlement for a pedestrian struck by a Liberty Lines Transit bus while legally crossing in a crosswalk.

What is a Section 50-e hearing, and do I have to attend?

A Section 50-e hearing, also called a 50-h hearing or examination before trial, is a required step in any claim against a government entity in New York. After you file your notice of claim, the transit authority has the right to question you under oath about the accident, your injuries, and how your life has been affected. You are required to attend. We prepare every client thoroughly for this hearing so nothing catches them off guard, and we attend with you.

What if I didn't report the accident right away?

You can still pursue a claim even if you didn't report the accident immediately to transit authority staff. However, it becomes harder to gather evidence the longer you wait. Surveillance footage is deleted on a rolling basis, witnesses become harder to locate, and memories fade. If you didn't report it at the time, contact an attorney immediately. We can investigate what's still available and build the strongest possible case from what exists.

What types of injuries are common in public transportation accidents?

Common injuries include traumatic brain injuries from striking your head during sudden stops or falls, herniated and bulging discs from violent impacts, fractured bones in the arms, wrists, hips, knees, and legs, torn knee ligaments including ACL and meniscus tears, rotator cuff and shoulder injuries, and soft tissue damage throughout the neck and back. Standing passengers are especially vulnerable when buses or trains stop abruptly. The severity of your injuries directly affects the value of your case, which is why proper and timely medical documentation matters enormously.

Do I need a lawyer if the accident was clearly the driver's fault?

Yes. Even when liability seems obvious, transit authorities and their insurance carriers will challenge your injuries, argue pre-existing conditions, claim you contributed to the accident, and use every procedural tool available to reduce or deny your claim. Without your own attorney, you're negotiating alone against experienced defense teams. We handle the entire process, from filing notices to depositions to trial, so you can focus on recovering.

What does it cost to hire you?

We handle public transportation accident cases on a contingency fee basis, which means you pay us nothing upfront and nothing at all unless we win. Our fee comes as a percentage of the recovery, which is discussed and agreed upon at the start. There are no hourly rates, no retainers, and no out-of-pocket costs while your case is pending. If we don't recover money for you, you don't owe us anything.

How long does a public transportation accident case take to resolve?

Most cases take between 18 months and three years from the date of the accident to resolution, though some settle earlier and others take longer if they go to trial. The timeline depends on the complexity of liability, the severity and stabilization of your injuries, and how aggressively the transit authority fights the claim. Government defendants like the MTA tend to move slowly because of the procedural steps involved. We work efficiently to move your case forward without rushing you into a settlement before you understand the full extent of your injuries and future needs.

Can I still file a claim if I have a pre-existing injury or condition?

Yes. Having a pre-existing condition does not bar you from recovering compensation if the accident aggravated or worsened that condition. You're entitled to recover for the harm the accident caused, even if you already had some vulnerability. Transit authorities will try to blame your symptoms on pre-existing conditions, that's a standard defense tactic. We work with medical experts to clearly establish what changed because of the accident and present that distinction effectively.

Areas We Serve Clients

Michael Gunzburg, P.C. represents public transportation accident victims throughout New York City and the surrounding area. We serve clients injured on MTA buses, the New York City subway, the Long Island Rail Road, Metro-North, private bus lines, and other transit vehicles across Manhattan, Brooklyn, the Bronx, Queens, and Staten Island. We also represent clients from Nassau County and Suffolk County who were injured on the LIRR or other transit systems.

Whether your accident happened on the 4 train in the Bronx, at a subway station in Midtown Manhattan, on an MTA bus in Jamaica, Queens, on the LIRR heading to Nassau County, or on Metro-North in Westchester, we're ready to help.

Other Personal Injury Services We Offer

• As part of our New York City personal injury practice, we handle a wide range of accident and injury cases:
  • Motor Vehicle Accidents
  • Pedestrian Accidents
  • Bicycle Accidents
  • Slip and Fall Accidents
  • Construction Accidents
  • Premises Liability
  • Wrongful Death
  • Medical Malpractice Cases