After being injured on a school bus, public bus, subway, ferry, or any other form of public transportation, time is of the essence. Injury cases involving public transit agencies have unique considerations the injury victim must be cognizant of in order to seek compensation. Generally, an injured individual typically has just 90 days to report the injury and begin the formal claims process.

Subway Car

Public transit agencies have special immunity for certain types of negligence that private businesses may not. The injured claimant will need to work harder to establish how the hazardous condition emerged and whether the public transit authority had a reasonable amount of time to address the issue.

These types of injury cases are best handled by legal professionals. Contact an MTA and public transit injury lawyer to discuss the details of your case and to learn about the next steps you need to take to pursue your claim.

Get a Full Medical Diagnosis After Your Public Transit Injury

One of the most important steps when considering litigation is obtaining a clear, conclusive medical examination detailing your injuries. As soon as you are hurt or suspect that you have been hurt, go to a doctor. 

After being injured, go to the emergency room for any major injuries and do not delay treatment for moderate, minor, or suspected injuries. For less severe injuries, you may visit an urgent care clinic, your primary care doctor, or another physician’s office. 

Getting prompt medical treatment is important for two main reasons:

  1. You can begin treating your injury now, reducing the risk of complications.
  2. You can document the connection between your injury and the public transit accident.

Regardless of your circumstances, do not delay going to the doctor. You will be unable to pursue a claim without a conclusive medical diagnosis and medical records. You also want to have your visit coincide with the date of your transit accident as closely as possible.

How an Attorney Can Help With Your Claim Against a Public Transit Agency

There are many factors that can affect your ability to file a claim against a public transit service provider and succeed.

Filing a Timely Claim

After being injured, you have a very limited window to take action and seek a claim for damages against the appropriate public agency.  Generally,  you have  90 days to report a potential claim.  However, this depends on the specific circumstances of your case. Waiting to consult a professional regarding your case may lead to missing an important deadline, leaving you with little to no recourse. Therefore, it is necessary to contact a professional if you believe you have a claim. 

Determining Who Is Liable

The biggest question in your claim is: who to file against? A public transit accident could be the fault of the main service provider, but it could also be because of a negligent contractor. If your accident happened on a bus driving on a public road, it is possible that another vehicle driver caused or contributed to it.

Filing a claim against the wrong public entity will result in your case being dismissed. Unfortunately, this may lead the injured party to miss the window to file their claim with the appropriate agency.

To ensure you file your claim against the right entity,  your attorney will conduct legal research and investigate your accident.

Proving Negligence

When filing a claim or trying to sue a public entity, the standards for proving liability are higher. 

For example, let’s say your injury was caused by a broken floorplate leading up to a train platform on the Long Island Rail Road. This is an injury that resulted from a hazardous condition the MTA failed to address. However, the MTA is allowed a reasonable timeframe to address the hazardous condition. To prove the agency’s negligence, you will need to document that the agency had received written notice of the hazard at least 15 days prior to the date of your accident. You may need to show that the MTA failed to act within a reasonable timeframe to correct the hazard.

In cases involving an allegedly negligent driver, you will need to show that the driver’s actions or the agency’s failure to hire and train were to blame. However, each case is unique and must be analyzed on a case-to-case basis. 

Talk to a Long Island Bus Accident and MTA Accident Lawyer to Start Your Claim

The rules that make it difficult to file a claim against a public agency are intended to discourage you. But when you are hurt, you have medical bills, lost wages, and other costs to consider. You need a personal injury attorney who has experience dealing with public transit accident cases and who knows what it takes to win them.

Reach out to TonaLaw for assistance as soon as you notice you are hurt. We will guide you through every step of the process. The laws protecting public agencies may be tough, but we’re tougher.

Schedule a free, confidential, no-obligation case review when you call 833-866-2529 (833-TONA-LAW) or contact us online.

What Our Clients Are Saying

Excellent5.0 Based on 352 reviews from review us onsorivel gulottasorivel gulotta ★★★★★ Thank you Lauren for all of your help! You are always ready for any challenge and willing to answer any questions. Always professional, informative and kind. Will highly recommend!Janet SimoneJanet Simone ★★★★☆ TonaLaw did a great job in handling my case! I highly recommend them and would use them again if needed.Elizabeth SanchezElizabeth Sanchez ★★★★★ Definitely recommend this law firm. Great communication and walked me throughout the whole process. Very satisfied.Laurea MartinezLaurea Martinez ★★★★★ My twins and I had a bad car accident that turned our lives upside down. I was in and out of surgeries and PT to get fix. But let me tell you, TONA Law and the staff took such a stressful situations out and made everything an easy process for us! My lawyer Jeff along with Jayda and Lauren were open for communication, even if it meant answering e-mails or silly questions after hours. I highly recommended Tona Law if you are looking for a competent lawyer to fight for you! Do yourself a favor and get that “accident nuts” out of your head and give them a call. God sent!Thanks Tona Law!Joseph DadaboJoseph Dadabo ★★★★★ Tonalaw is great Lauren and Robin are such awesome people thank you guys for your helpKatelyn MccormickKatelyn Mccormick ★★★★★ I have know Lauren for years, she is a very professional and caring person, anyone working with her would be in good hands.joanne lursenjoanne lursen ★★★★★ Lauren is very knowledgeable in her field and focuses on getting the job done, producing the best results, and willing to going the extra mile.Brooke BirkeyBrooke Birkey ★★★★★ If you contact Tona Law Firm after an accident, you will be delighted to work with their team of professionals. They are caring, easy to talk to, and know how to get you quickly on the road to your best results. If you've been seriously injured in New York and you're looking for a great experience, look no further than Tona Law.jeanette devinejeanette devine ★★★★★ Lauren work ethics are exceptional. She is always extremely helpful with any questions. Tona law is very lucky to have her as part of the team.NicoleNicole ★★★★★ I have nothing but wonderful things to say about Tona Law. I highly recommend them. Dianna is amazing. She is personable, knowledgeable and extremely reliable and impressive. Thank you to the entire staff.Mike manasMike manas ★★★★★ Lauren was such a pleasure to work with! Super informative and helpful.Melanie RasmussenMelanie Rasmussen ★★★★★ I highly recommend Jeffrey Donato, personal injury attorney with TonaLaw! I've used Jeff personally, when we needed advice with two situations. He's professional, highly knowledgeable, compassionate, and responsive. I totally trust him.Educated MomEducated Mom ★★★★★ I would highly recommend Tona Law. Diana and her team are fantastic!Amazing AngelsAmazing Angels ★★★★★ They’re great team of lawyers and they really care about their clientsKaram BasraKaram Basra ★★★★★ Tona Law answered all my questions thoroughly, talked to me like I was a person and not just another case, and were dedicated to helping me solve my legal issues. Thanks to Dianna Kost and everyone on the team!Christine RoeChristine Roe ★★★★★ I would trust this firm with any matter you may have. Amazing people with great values. Plus the marketing team is killing it!anthony scottianthony scotti ★★★★★ JohnJohn ★★★★★ I have known Lauren for years. She takes pride in her work and is professional. Your in good hands with her and Tona lawErica CharleneErica Charlene ★★★★★ I have known Lauren for over 20 years, she takes pride in her work, is professional, and dedicated to helping clients. You're in good hands with Lauren on your side.emily rosenemily rosen ★★★★★ If you’re looking for superior lawyering, call tona law. I would highly recommend Dianna and her team for all your legal matters.Teresa DesimoneTeresa Desimone ★★★★★ I called Tona Law not knowing what to expect after my car accident. They were very kind and patient, made me feel very comfortable about the process while still undergoing surgeries. I know it isn't much, but when I came home from the hospital my husband showed me a little get well package that they sent. It made me feel like they cared that they went that extra step. Lauren and Jayda answered every question I had in a timely manner and if they weren't sure, one of the lawyers would call and would further explain it until I understood. Healing is already a stressful time, Tona Law made it a little bit easier. Thank you to everyone who helped.Bernhard SengstockBernhard Sengstock ★★★★★ Great people! So happy to know that they can be trusted! Will recommend! 😊👍Jeff HJeff H ★★★★★ Great experience with Tona Law. Very professional and responsive.Gisselle SortoGisselle Sorto ★★★★★ I had the pleasure of speaking with Mrs. Dianna Kost who initially referred me to TonaLaw, she was kind and very helpful! I know at TonaLaw my voice will be heard and all my questions will be answered and I will always come across a polite knowledgeable staff member. That is why TonaLaw is my ONLY choice for any Personal Injury Case I have and why I not only will recommend them to my family and friends but my patients as well. So if you are questioning which firm to pick among the the hundreds you'll find on google you might as well stop your search here and give them a call to see for yourself!Luz TursoLuz Turso ★★★★★ Dianna is honest, helpful, and exceptionally kind. It helps knowing that Tonalaw has spanish speaking attorneys and staff that accommodate the latin clientele.js_loader