Public transportation is an important part of the infrastructure of cities and towns across New York. If you were injured while riding public transit, you may be wondering whether you have the right to file a claim for your damages. It is important to fully understand your rights and the process of recovering compensation. Continue reading for more information and work with a knowledgeable New York injury lawyer for skilled representation.
What is Public Transit?
Public transit, or public transportation, is a system of transportation run by government entities or agencies. The vehicles involved in this system generally include trains, buses, and subways. Public transportation is available to the general public and operates on fixed routes and schedules. Fares are typically a few dollars and provide accessible and convenient rides for people in the community.
Can I File a Claim if I Was Injured on Public Transit in New York?
The purpose of public transportation is to provide convenient and efficient transportation for the masses, but what if something goes wrong? Accidents can happen anytime. Common ways that you may become injured on public transit include slipping or falling while boarding or exiting, falling from sudden braking or collisions, faulty equipment like broken doors, and operator negligence or recklessness.
Government agencies and modes of public transportation have a legal obligation to provide passengers with a reasonably safe environment. If one of these entities failed to uphold a safety standard and it led to your injury, you could file a claim in pursuit of compensation.
How Can I File a Claim?
Although you have the legal right to file a claim, it is important to keep in mind that this legal action is against a government entity. Because of this, the process is different than suing an individual or private company.
The first thing you must do when filing a claim for an injury on public transit is to file a notice of claim with the relevant agency, whether it is the New York City Transit Authority (NYCTA), the MTA Bus Company (MTABC), the Metropolitan Transportation Authority (MTA), etc. New York City Administrative Code § 7‐201 requires a notice of claim to be submitted within 90 days of the incident, prior to filing any legal action. The notice of claim should outline the date and location of the accident, a description of the situation and injury, the damages you are pursuing, and your personal information.
You must then work toward proving that the transit authority was negligent. This means showing that they had a duty to keep you safe, they breached that duty through their actions or inactions, you were injured as a direct result of the breach, and you suffered real damages.
If you can provide evidence establishing the agency’s liability, you can recover compensation for your injury. To learn more, reach out to a skilled personal injury attorney today.
