Halt | February 21, 2020 | 0 Comments

Can I Sue The MTA?

Each day, the Metropolitan Transportation Administration transports millions of people across the city. While service delays, cleanliness, and customer service are the top complaints that New Yorkers typically levy against the MTA, there are far worse transgressions that occur on a daily basis.

Thousands of passengers of the MTA and others that share the road with public transportation suffer serious injuries every year as a result of negligence on behalf of the MTA. It is important to note that suing the MTA or any other government entity is possible but can be challenging.

If you have been injured while riding an MTA serviced vehicle or while sharing the road with one, it is in your best interest to consult with a proven New York bus accident lawyer as soon as possible. Visit our website to learn more about suing the MTA. The timeframe for filing a claim against the MTA is limited in comparison to typical personal injury cases. Learn more about suing the MTA below.

What is Sovereign Immunity?

If you have suffered injuries as a result of a bus accident in NY, it is imperative that you have an understanding of sovereign immunity and why it matters. In general, government agencies like the MTA are protected by law from being sued for negligence unless the government consents to the lawsuit or waives their protection.

Fortunately, the state of New York has waived its protections for those that have suffered injuries as a result of accidents involving public transportation. However, there are still many hurdles and restrictions. For instance, if you want to sue the MTA, you are required to file a Notice of Claim within 90 days of the accident occurring. After the Notice of Claim has been filed, the government has 30 days to request a hearing wherein you will be required to testify and evidence will be presented. Information required on the notice of claim includes:

  • Your name and address
  • Circumstances of the claim
  • Details of the accident (location, time, etc.)
  • Specific injuries and/or damages that have been incurred

After the hearing, you will be able to file a lawsuit (if still necessary). Before you file the claim on your own, it is best to consult with an accident attorney in NYC that has specific experience dealing with MTA accident claims.

How to Prove a Claim Against The MTA

In theory, you must present the same type of information needed in any personal injury case to prove a claim against the MTA. In general, those seeking compensation from the MTA must prove that the duty of care was breached, and as a result, you or your loved one was injured or killed.

However, it is a much more complicated task to prove fault against the government than it is to do so against the typical insurance company. One mistake during the claims process can result in a dismissed case, delayed case, or an insufficient settlement amount.

The Benefit of Working With a New York Bus Accident Attorney

Suing the MTA is possible. However, it is not an easy task. The moment that you decide to file a notice of Claim, the MTA will begin a thorough investigation. In most cases, they will seek the evidence that absolves them of fault and places it on you.

A seasoned accident attorney in New York City will conduct their own investigations, navigate the complexities of suing the MTA, and negotiate for fair compensation for your injuries. Working with a New York bus accident attorney gives you the best chance of recovering the damages that you deserve for the injuries that you have suffered.

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