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Getting hurt because of someone else’s negligence allows the victim to file a personal injury lawsuit against the at-fault party. However, when the party that caused your injury is a government agency, different rules apply. This is the case with the Metropolitan Transportation Authority (MTA) and accidents on New York City buses and subways.
If you or a loved one were injured on the NYC transit system, you will need legal representation who understands the special rules for suing government entities. That firm is Michael LoGiudice, LLP.
Understanding the Notice of Claim
Suing the government is not like suing a private party. Before suing a New York public agency, a plaintiff must first file a Notice of Claim within 90 days of the incident. The notice exists to inform the agency (in this case, the MTA) of the allegations and intention to sue.
Once the notice is filed, the plaintiff has to wait 30 days to allow the MTA to review, respond, and possibly settle the matter. After these 30 days, the plaintiff can file the lawsuit. But the plaintiff must file the lawsuit, regardless, within one year and 90 days of the accident.
Is the MTA Immune From Lawsuits?
As opposed to private entities, the MTA does enjoy some legal protections under the doctrine of qualified immunity. This means the agency is shielded from certain types of lawsuits. Importantly, however, this immunity is not absolute.
New York law allows plaintiffs to sue the MTA for hazardous property conditions that cause accidents. But the plaintiff must show that the MTA had notice of the conditions yet did not correct them in a reasonable amount of time. Notice includes actual and constructive notice (meaning, the agency should have known, based on the facts and circumstances).
Compared to other premises liability cases, this is a higher burden of proof. However, many plaintiffs are able to meet this burden due to constructive notice. They may succeed if they can show that the problem in question persisted for a long time but would have been discovered in the course of a proper inspection.
Common Bus and Subway Accidents in New York
If the MTA failed to take steps to remedy or avoid the following types of dangerous conditions, the agency could be held liable for your injuries:
Buses
- Slippery steps due to rain, snow, ice, or spilled liquids
- Poor driving such as abrupt stops and sharp turns
- Failure to yield to pedestrians or motorists
- Injuries at bus stops
- Poor lighting
- Door malfunctions during boarding and exiting
- Mechanical defects with the bus
Subways
- Slippery platforms
- Inadequate safety barriers
- Platform gaps
- Poor lighting
- Overcrowding
- Escalator and elevator malfunctions
- Crumbling stairways and concrete
- Loose tiles
- Defective subway maintenance
How a New York Personal Injury Attorney Can Help
Suing the MTA is challenging, and the process is far different than in other types of cases. With the right legal counsel, however, you can make a strong case for the damages you need. When you retain Michael LoGiudice, LLP to represent you, we get to work by:
- Investigating how the accident happened
- Interviewing witnesses and documenting the accident scene
- Identifying whether the MTA and possibly other parties were at fault
- Reviewing accident and incident reports, inspection reports, and other records
- Determining whether the MTA had actual or constructive notice of the hazardous condition
- Properly and timely filing the Notice of Claim
- Filing a lawsuit to preserve your legal rights
- Using the discovery process to obtain additional evidence
- Calculating the fair dollar value of your damages
- Negotiating with the MTA, if possible, to reach a settlement
- Taking your case before a New York judge and jury if necessary
If you were injured in a New York City transit accident, it’s time to explore your legal options and seek the compensation you need for recovery. Michael LoGiudice, LLP is ready to serve you. Get in touch with us now to get started.