New York Train Accident? Powerful Steps to Win Claims

Act fast: public authority claims can involve special notices and shorter deadlines than ordinary personal injury cases. If you have questions now, contact our New York team.

Why Train Accident Claims Are Different in New York

Train and subway cases often involve public authorities (like the MTA and its agencies) or railroads subject to both New York law and federal safety rules. Claims may require special notices, shorter timelines, and coordination with multiple investigators. Acting quickly and strategically can make a decisive difference.

Step 1: Get Medical Care and Create a Clear Record

Seek emergency care and follow-up with your provider. Explain all symptoms, even if they seem minor. Consistent medical documentation links the incident to your injuries and prevents insurers from arguing that gaps in care mean you were not seriously hurt.

Step 2: Report the Incident Correctly

If you were on an MTA subway, commuter rail (LIRR or Metro-North), or a private railroad, make sure the incident is reported to the operator or station personnel as soon as practical. Obtain any incident or occurrence numbers if available. If police or transit officers respond, request the report number for your records.

Step 3: Preserve Evidence Immediately

Take photos and video of the scene, train car, platform conditions, signage, lighting, gaps, spilled substances, and any visible defects. Save your MetroCard or ticket, receipts, and clothing. Gather names and contact information of witnesses. Promptly request that relevant video and maintenance records be preserved—rail operators may overwrite footage on a routine cycle.

Step 4: Identify All Potentially Responsible Parties

Potential defendants may include the MTA or its agencies (NYC Transit, LIRR, Metro-North), third-party contractors, equipment manufacturers, and property owners responsible for platforms, stairs, or adjacent premises. Properly identifying all parties early helps ensure you do not miss required notices or procedural steps.

Step 5: Calendar Notice and Filing Requirements

Claims against New York public authorities often require a formal pre-suit notice and can involve timelines shorter than the general three-year personal-injury period (see CPLR § 214(5)). In many cases, a notice of claim must be served within 90 days (see General Municipal Law § 50-e). Specific authorities, including the New York City Transit Authority and the Metropolitan Transportation Authority, also have governing provisions (see Public Authorities Law § 1212 and Public Authorities Law § 1276). Deadlines can vary by agency and facts—confirm the correct statute and compute from the earliest potentially applicable date.

Step 6: Use a Preservation (Spoliation) Letter

Your attorney can send preservation demands to the transit authority and any contractors to safeguard video, inspection logs, maintenance records, operator schedules, training materials, and defect repair histories. Early preservation reduces the risk that crucial evidence is lost.

Step 7: Leverage FOIL and Investigatory Records

New York’s Freedom of Information Law (FOIL) can be used to request certain records from public agencies, such as incident reports, maintenance protocols, and inspection data. FOIL is codified in Public Officers Law Article 6 (see § 84; § 87; § 89). Some records may be exempt or redacted (see § 87(2)). Targeted, well-crafted requests can strengthen your liability case.

Step 8: Prove Negligence and Causation

Build liability with evidence of unsafe operation, inadequate maintenance, defective equipment, hazardous platform conditions, or failure to warn. Use medical and vocational evidence to prove that the incident caused your injuries and losses, including pain and suffering, lost wages, and future care.

Step 9: Anticipate Common Defenses

Transit authorities and railroads may argue comparative fault, lack of prior notice of a defect, open and obvious conditions, or that injuries were preexisting. Counter with timely evidence, expert analysis, medical history clarity, and proof of notice or recurrence of the hazard.

Step 10: Consult Counsel Experienced with Public Authority Claims

An attorney familiar with New York public authority procedures can manage notices, deadlines, and evidentiary demands, coordinate expert inspections, and position your case for negotiation or trial. Early involvement helps protect your rights and maximize recovery.

Pro Tips to Strengthen Your Claim

What to Do Now: Quick Checklist

Ready to talk? Schedule a free consultation.

Special Considerations for Railroad Employees

If you are a railroad worker injured on the job, your rights may arise under the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51 et seq. FELA has distinct standards for proving fault and damages and requires fact-specific analysis. Speak with counsel experienced in both New York and federal railroad injury law.

FAQ

How long do I have to file a claim after a New York train accident?

General personal injury claims often have a three-year limit under CPLR § 214(5), but claims involving public authorities may require a notice of claim within 90 days and shorter suit deadlines under statutes like General Municipal Law § 50-e and Public Authorities Law provisions. Confirm your specific deadlines immediately.

Who can be held responsible for a subway or commuter rail injury?

Potential defendants may include the MTA or its agencies, contractors, equipment manufacturers, and property owners responsible for platforms or adjoining premises. Identifying all parties early preserves your rights and evidence.

Can I use FOIL to get incident records?

Yes. FOIL requests can obtain certain agency records, subject to exemptions and privacy limits under Public Officers Law §§ 84, 87, and 89. Narrow, specific requests tend to be more effective.

What if the transit video was already overwritten?

Counsel can pursue alternative evidence (witnesses, maintenance logs, inspection records) and if appropriate, seek spoliation remedies. Acting quickly with preservation letters reduces this risk.

Should I speak to the insurer or claims representative?

Do not give recorded statements without counsel. Provide basic identification only and refer substantive questions to your attorney.

What compensation can I seek?

Damages may include medical expenses, lost earnings, diminished earning capacity, and pain and suffering. Evidence of causation and documented losses is critical.

Where can I get help now?

For guidance tailored to your situation, contact us today.

Sources

• N.Y. General Municipal Law § 50-e (notice of claim)
• N.Y. General Municipal Law § 50-i (limitations and conditions precedent)
• N.Y. Public Authorities Law § 1212 (NYC Transit Authority; actions and limitations)
• N.Y. Public Authorities Law § 1276 (MTA; actions against the authority)
• N.Y. CPLR § 214(5) (three-year personal injury limitations period)
• N.Y. Public Officers Law § 84; § 87; § 89 (FOIL)
• NYS Committee on Open Government—FOIL FAQs (official)
• 45 U.S.C. § 51 (FELA)

Important New York Disclaimer

This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. New York legal timelines and procedures can change and may vary by agency and by case. Consult a qualified New York attorney about your specific situation.