Bus, Subway and Train Accident Lawyer in NYC
Serious injury and death claims involving MTA buses, subways, the LIRR and Metro-North
Bus, Subway and Train Accidents
Yassi Law P.C. represents people seriously hurt, and families who lost someone, in bus, subway and commuter-train accidents in all five boroughs of New York City and in Nassau and Suffolk Counties. That includes claims against the MTA, New York City Transit, the LIRR, Metro-North and private bus companies. Attorney Reza Yassi handles each case himself, on a contingency fee.
Transit cases run on short clocks: usually a notice of claim within 90 days, and a lawsuit well before the usual three years.
Bus, subway and train cases the firm takes
The firm takes transit cases involving serious, lasting injuries or death:
Bus passengers hurt in a crash, thrown by a violent stop, or injured by a broken seat or door
Falls onto subway tracks, platform-gap injuries, people struck by a train or dragged by its doors
Falls on broken station stairs and escalators
LIRR and Metro-North derailments, collisions and boarding injuries
Crashes of private, charter, tour and intercity buses, such as a Greyhound coach
Deaths caused by any of these accidents
Think brain and spinal injuries, fractures that need surgery, or amputations and crush injuries. The firm does not take routine minor-injury claims, such as bruises from a short fall when a bus stops short. See the other personal injury cases the firm handles.
Can you sue the MTA? Who is responsible for a bus, subway or train accident
Yes. The MTA and its agencies can be sued for negligence, but you must sue the right one and follow its claim rules:
New York City Transit Authority: the subway, its stations and most city buses. Some Manhattan and Bronx buses are run by its subsidiary MaBSTOA, which follows the same claim rules (Public Authorities Law § 1203-a(6)).
MTA Bus Company: certain routes once run by private bus companies.
The Long Island Rail Road and Metro-North, and the MTA itself.
Private charter, tour, intercity and shuttle bus companies, and the owners of their buses.
Can you sue a bus driver? You can, but the claim that matters is against the agency or company behind the driver. By statute, the Transit Authority and the MTA are responsible for an employee's negligence in operating a vehicle or other transit facility on the job (Public Authorities Law § 1212(3); § 1276(3)). A private bus company is generally responsible for its driver's negligence at work.
The logo on a bus often does not show which agency runs it.
Notice of claim against the MTA and NYC Transit: the 90-day rule
A notice of claim is a sworn, written notice telling a public body that you intend to sue. Against New York City Transit and the MTA it is a condition of the lawsuit, and it must be served within 90 days of the accident (General Municipal Law § 50-e; Public Authorities Law §§ 1212(2), 1276(2)).
It must give your name and address, the nature of the claim, when, where and how it happened, and your injuries so far as known (§ 50-e(2)), and it is served personally or by registered or certified mail (§ 50-e(3)). See our guide to how the notice of claim works.
Examination under oath. The Transit Authority or the MTA can require you to answer questions under oath about the claim (§ 1212(5); § 1276(4)). Your answers can be used later.
Late notice. A court may allow it, weighing mainly whether the agency learned the essential facts in time, but never beyond the deadline to sue (§ 50-e(5)).
MTA Bus, the LIRR and Metro-North. No notice of claim is required against an MTA subsidiary (§ 1276(6)), but the claim must be presented at least 30 days before suit (§ 1276(1)).
When it is unclear which agency ran the bus or owns the station, the safe course is a timely notice on every agency that may be responsible.
How long do you have to sue after a bus, subway or train accident?
Much less than the usual three years when a transit agency is involved:
The New York City Transit Authority (subway, NYC Transit and MaBSTOA buses): a notice of claim within 90 days, and a lawsuit within one year and 90 days of the accident (Public Authorities Law § 1212(2)), at least 30 days after the claim is presented (§ 1212(1)). But § 1212(4) still says one year for a claim based on a Transit Authority employee's negligence in operating a train, bus or other transit vehicle or facility on the City's streets or railroads, so such a case may have only one year: plan to sue within one year.
The MTA, MTA Bus Company, the LIRR and Metro-North: a lawsuit within one year and 90 days (§ 1276(2)).
A death: against a public authority, a notice of claim, then a wrongful death suit within two years of the death (Public Authorities Law §§ 2980, 2981). The 90 days for the wrongful death notice run from the appointment of the estate's representative, but the notice for the person's pain and suffering before death runs from the accident (§ 50-e(1)(a)), and that claim follows the injury deadlines above. Against a private bus company, the wrongful death suit is due within two years of the death (EPTL 5-4.1).
A private bus company: generally three years (CPLR 214(5)). If a city or county owns the bus and a private company only runs it, a claim against the public owner also needs a notice of claim within 90 days and suit within one year and 90 days (General Municipal Law §§ 50-e, 50-i).
Bus accidents: no-fault, serious injury and the 2026 fault rule
A bus is a motor vehicle under the no-fault law, so bus cases follow car-crash rules. A passenger's no-fault benefits come first from the household's own auto policy, and from the bus's insurer if there is none (Insurance Law § 5103(a)(1)).
No-fault pays medical bills and part of lost wages, up to $50,000 in basic benefits (Insurance Law § 5102(a)). The application is generally due within 30 days, and a family member can file it.
To recover for pain and suffering, you need a "serious injury" under Insurance Law § 5102(d), such as a fracture or a permanent loss of use of a body part or function. In lawsuits filed on or after May 26, 2026, an injured person more at fault than all the defendants combined recovers nothing (CPLR 1411(b)). See our car accident page.
Sudden stops and falls on a bus
A bus company or transit agency owes passengers reasonable care under the circumstances; the Court of Appeals ended the old "highest degree of care" rule in Bethel v. New York City Transit Authority, 92 N.Y.2d 348 (1998).
For a fall caused by a stop or lurch, the passenger must prove the movement was "unusual and violent," not the ordinary jerks of city bus travel, and calling it violent is not enough (Urquhart v. New York City Transit Authority, 85 N.Y.2d 828 (1995)). Objective proof helps: being thrown down the aisle, other passengers falling, video.
For a broken seat or door, the question is whether the agency created the defect or should have found it on reasonable inspection.
Subway accidents: platforms, gaps, train strikes and stairs
Subway and commuter trains run on rails, so they are not motor vehicles under New York law (Vehicle and Traffic Law § 125). That means no no-fault benefits, no serious-injury threshold, and no 2026 bar for being more at fault. Your share of fault reduces the recovery but does not bar it (CPLR 1411(a)); see how comparative negligence works.
Common claims:
Struck by a train: whether the operator saw, or should have seen, the person in time to stop or slow down.
Platform edges and gaps: a wide gap, broken edge or slippery platform the agency knew about or should have fixed.
Doors: a door that closes on a passenger, or a train that moves with someone caught.
Stairs and escalators: broken treads, missing handrails and escalator failures.
When a stranger pushes or attacks someone, the attacker is responsible, but claims against the agency for failing to prevent a crime are limited.
LIRR and Metro-North train accidents
The LIRR and Metro-North are MTA subsidiaries, so the § 1276 rules above apply. The reasonable-care standard applies, and no-fault does not. Common cases: platform-gap falls, injuries boarding or leaving a train, and derailments.
What to do if you are in a bus or subway accident
Get medical care the same day.
Report it to the bus operator or station staff. For a crash, call the police.
Note the bus number, route and time, or the train line, car number and station.
Photograph the spot where you fell and your injuries, and get witnesses' phone numbers.
Keep your OMNY or MetroCard and statements that show the trip.
For a bus case, file the no-fault application within 30 days.
Talk to a lawyer before any recorded statement, and early enough to send preservation letters: bus and station video can be recorded over.
Damages in a serious transit injury or death case
You can claim past and future medical costs and home care, lost earnings and earning capacity, and pain and suffering. In a bus case, the medical bills and lost wages no-fault pays are not part of the lawsuit; you claim the losses beyond them (Insurance Law § 5104(a)). A death case follows the wrongful death rules.
Fees and how to choose a lawyer for a transit case
There is no fee unless money is recovered for you. In most injury cases the fee is one-third of the net recovery, and the fee and case expenses are set out in a written retainer agreement. The first consultation is free, and Reza Yassi can meet you at home or in the hospital when an injury makes travel hard.
Ask any lawyer:
Who will handle my case day to day, and can I reach that person directly?
Which agencies will you serve with a notice of claim, and which deadline applies?
At Yassi Law P.C., the answer to the first question is Reza Yassi.
Guides on this topic
New York notice of claim: how GML § 50-e can make or break your injury case: what the 90-day notice must say, and why the LIRR and MTA Bus differ.
The 90-day notice of claim deadline: how late-notice requests and pre-suit hearings work.
How comparative negligence affects your injury case: how your share of fault reduces a recovery and, in vehicle cases filed since May 26, 2026, can bar it.
Frequently asked questions
Can you sue the MTA for a bus or subway accident?
Yes. You sue the agency that ran the bus, train or station, such as New York City Transit, MTA Bus, the LIRR or Metro-North. Each has a short deadline to sue, and New York City Transit and the MTA itself require a notice of claim within 90 days.
What is a notice of claim in New York?
A sworn written notice served on a public body before you sue, saying who you are, what happened, when and where, and your injuries (General Municipal Law § 50-e). Against New York City Transit and the MTA it is due within 90 days. Without it, the lawsuit can be dismissed.
Do I need a notice of claim against MTA Bus Company or the LIRR?
Not by statute: MTA subsidiaries such as MTA Bus, the LIRR and Metro-North are exempt (Public Authorities Law § 1276(6)). The suit is still due within one year and 90 days.
How long do I have to sue after a bus accident in NYC?
Against New York City Transit, generally one year and 90 days, but a claim based on the driver's negligence may have only one year, so plan to sue within one year. Against MTA Bus, one year and 90 days; against a private bus company, generally three years.
Does no-fault cover me if I was hurt on a bus or hit by a bus?
Generally yes, whether you were a passenger or a pedestrian or cyclist hit by the bus (Insurance Law § 5103(a)(1)). A passenger claims first under the household's own auto policy. Subway and train injuries are not covered by no-fault.
Can I sue if I fell when the bus stopped short?
Only if the stop was unusual and violent, beyond the normal jerks of bus travel, and you can describe facts that show its force, such as being thrown down the aisle; just calling the stop violent is not enough. The firm takes these cases only when the injuries are serious, such as a fracture that needs surgery or a head injury.
How do I get the MTA bus accident report?
You can request the police report for a crash. The agency's incident reports and video usually come through a records request or the lawsuit.
How much is an MTA bus accident settlement worth?
It depends on the injury and its permanence, surgery, lost earnings and how clearly the agency was at fault, and in a bus case on meeting the serious-injury threshold. Anyone who names a number before seeing the records is guessing.
If you or a family member was seriously hurt, or someone was killed, in a bus, subway, LIRR or Metro-North accident in New York City, Nassau or Suffolk, call Reza Yassi at (646) 992-2138 or contact the firm. The consultation is free, and the 90-day clock may already be running.
