NYC MTA Subway Track Accident Injury Lawyer

Name: MTA Subway Track Accident
Brand: The Law Offices of Michael S. Lamonsoff
Rating: 4.7 (563 reviews)

Hit by a NYC Subway Train?

You May Have a Case — Even If You Think You Don’t.

If you or a loved one were injured after falling onto the NYC subway tracks, most victims are likely to blame themselves.

You fainted.
You had a seizure.
You were pushed in a crowded station.
You slipped near the platform edge.

You had been drinking.
You were intoxicated.
You were in an emotional crisis.
You were attempting suicide.

And now you’re being told it’s your fault.
Not so fast. You may be entitled to compensation.

Free Consultation

NYC Subway Platforms Leave Riders Exposed

Overcrowded subway platforms, Medical emergencies, Intoxicated passengers, Mental health crises, and people losing their balance inches from an open subway track are all foreseeable accidents just waiting to happen! The MTA Subway platforms are all directly open to the tracks, offering zero protection for pedestrians and passengers who may trip, slip, or fall into the active systems.

According to the MTA's own Annual Safety Report, approximately 200 to 300 people are struck by MTA trains every year in New York City. That figure reflects accidents, medical emergencies, and assaults alike. These are not unforeseeable events. They are documented, recurring, and predictable.

PLUS, with New York City’s new congestion pricing laws pushing even more commuters into the subway system, overcrowding is intensifying. As a result, accidents and crime are on the rise.

More riders. More packed platforms. More pressure at the platform edge.

When the City forces increased ridership, the obligation to protect passengers becomes greater. Not weaker.

This is not about your worst moment. It’s about whether the MTA failed to implement meaningful safety measures that could have prevented a catastrophic injury.

You may have a valid subway track injury case here in New York City. Even if the MTA is already preparing to blame you.

Top rated NYC MTA Subway Track Accident Injury Attorney Michael “The Bull” Lamonsoff is here to hold them accountable for you.

How MTA Operator Negligence Causes Subway Track Injuries

Subway train operators are required to exercise reasonable care when operating powerful, fast-moving equipment in densely populated environments. When they fail to do so, serious and preventable injuries occur. Operator negligence in subway track accidents typically involves the following failures:

Failure to Brake or Respond to a Person on the Tracks

Operator negligence may arise where a train operator fails to take appropriate action upon observing, or when they should have observed, a person on or near the tracks. This includes situations where the operator had sufficient time and distance to apply the brakes but failed to do so in a timely manner.

Entering a Station at Unsafe Speed

Negligence may also be found where a train enters a station at an excessive or unsafe speed given the conditions present. Stations are predictable zones of heightened risk involving crowded platforms and frequent passenger movement. Operators must adjust their speed accordingly.

Obstructed Operator Visibility

Operators must adjust their speed when approaching a subway platform with limited visibility. The MTA cannot design sharp turning tracks toward station approaches that restrict the operator's line of sight to the platform and tracks ahead.

Failure to Sound Warnings or Follow Safety Protocols

Operators are required to follow established safety protocols, including the use of warning signals such as the train horn. A failure to sound appropriate warnings or adhere to mandated operational procedures may constitute a breach of duty where such failures contribute to a person being struck.

For a detailed breakdown of how operator negligence is evaluated in MTA subway accident cases, see: Can You Sue the MTA for a Subway Track Accident?

Can I Sue the MTA If Someone Pushed Me Onto the Subway Tracks?

Yes. When someone pushes you onto the subway tracks, the person who pushed you bears criminal and civil responsibility for that act. But their liability does not eliminate the MTA's.

The MTA has an independent legal obligation to maintain a reasonably safe environment on its platforms. That means adequate lighting, effective crowd control, functioning surveillance cameras, and a security presence sufficient to deter and respond to foreseeable violence. When the MTA fails to meet that obligation, and someone is pushed onto the tracks as a result, the MTA can be held liable for negligent security.

Assaults and pushings onto subway tracks have increased in New York City in recent years. In many of these cases, attorneys have established that the MTA had prior notice of dangerous conditions on the same platform, prior incidents, prior complaints, or a documented pattern of security failures, and failed to act.

Learn more about how negligent security claims against the MTA work, including what evidence strengthens your case, in our full guide: Can You Sue the MTA for a Subway Track Accident?

Can I Sue the MTA If I Was Drunk When the Subway Accident Happened?

Yes. It is a common misconception that a person who is intoxicated and falls onto subway tracks has no legal recourse. Under New York law, that is simply not true. While intoxication may be a factor in the case, it does not bar recovery.

The critical question is not whether you were intoxicated, but whether the MTA and its operators acted reasonably under the circumstances. Liability may still be established where a train operator failed to brake despite having sufficient time, where the train entered the station at an unsafe speed, where the operator failed to sound warnings, or where the station was overcrowded, poorly monitored, or otherwise unsafe.

Ultimately, these cases are won by demonstrating that, despite the plaintiff's condition, the MTA had the last clear chance to prevent the harm and failed to do so.

Read the full legal analysis of comparative fault in subway intoxication cases: Can You Sue the MTA for a Subway Track Accident?

It costs NYC Taxpayers over $100,000.00 per station to install mediocre barriers that for what seems to be simply performative.

Subway Track Accidents Cause Catastrophic, Life-Altering Injuries

When someone is struck by a New York City subway train, the injuries are rarely minor. They include:

Traumatic brain injuries (TBI)
Amputations
Spinal cord injuries
Paralysis
Crushing injuries
Wrongful death

These are not freak accidents. They are the predictable result of an open-platform subway system that allows direct access to active train tracks without full physical barriers.

Cities around the world use platform screen doors that prevent track access entirely. New York does not.

Instead, NYC MTA relies on partial barricades that do not meaningfully block entry onto the tracks.

As subway ridership increases under congestion pricing, the risks increase with it: Foreseeable danger. Foreseeable harm. Preventable catastrophe.

The MTA Will Defend Itself Aggressively. So Do We.

If you were hit by a subway train in NYC, expect the MTA to argue that it was your fault.
Claim that you were responsible. They will rely on strict procedural deadlines, and they will move quickly to protect themselves.

And the law gives them an advantage.

In New York, subway injury cases typically require a Notice of Claim to be filed within 90 days of the incident. Which in the legal world means that if you do not formally notify the MTA in time, you could lose your right to hold them accountable with a lawsuit. No matter how serious your injuries are.

That also means Subway Track Accident Attorney Michael “The Bull” Lamonsoff and his team have a limited amount of time to investigate and build your powerful and potentially multi-million-dollar case.

Surveillance footage can be overidden. Witnesses can disappear. Critical evidence can be lost.

Every day matters.

Michael Lamonsoff’s team moves immediately to secure video, identify witnesses, and uncover the evidence that proves negligence: unsafe platforms, lack of barriers, inadequate warnings, dangerous crowd control, or failures that could have prevented you from falling onto subway tracks and suffering catastrophic injury or dismemberment.

Time is not on your side. But Attorney Michael The Bull and his team of trusted injury attorneys are.

If you or someone you love has been injured in a NYC MTA subway track accident or struck by a train, call Michael “The Bull” Lamonsoff and his team for a free and confidential consultation immediately at 212.962.1020.

The Bull Fights the MTA

Michael “The Bull” Lamonsoff currently represents multiple victims who were struck by MTA trains in major stations across New York City in just the last few months:

At Sutphin Boulevard–Archer Avenue–JFK Airport, our client lay unconscious on the tracks for seven minutes before being struck by a train and remained there for another five minutes before emergency responders arrived. He lost his right leg below the knee and suffered a traumatic brain injury.
At Tremont Ave Station on the 2/5 line, our client was struck and lost both legs above the knee. He also sustained a fractured pelvis, spinal fractures, and significant head trauma.
At Union Square on the N/Q platform, our client fell onto the tracks and was struck by an oncoming train, resulting in the loss of his hand.

Michael “The Bull” does not intimidate easily.

When powerful institutions try to shift blame onto injured victims, we push back.

We build cases for trial from day one. We pursue maximum financial recovery. We hold public entities accountable for preventable harm.If you or someone you love was struck by a subway train in New York City, do not assume there is no case.

Member of:

Board of Directors of NY State Trial Lawyers Association
American Association for Justice
NY County Lawyers Association

Educated at:

University of Arizona
Benjamin N. Cordozo School of Law
Double post-masters degrees in psychology at Columbia University

Awards:

6X Super Lawyers Panel
Million Dollar and Multi Million Dollar Advocates Forum

Nearly A Billion Won In Verdicts & Settlements

Nothing is more important than results. We measure ourselves by what we are able to achieve for our clients. Our mission is to put money into your pocket. Our attorneys have won nearly a billion in settlements and trial verdicts for injured victims. Our team of personal injury attorneys will not stop fighting until you and your family get every penny you rightfully deserve.

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$3,000,000 Verdict for pedestrian struck by bus

$2,980,000 Awarded in a Construction Accident Case

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$2,785,668 Verdict for a Victim of a Pedestrian Accident

$2,750,000 Awarded to a Victim of a Construction Accident

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$1,700,000 Awarded to Victim of a Slip & Fall Accident Case

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$1,000,000 Settlement in a Slip & Fall Accident

$1,000,000 Awarded in a Construction Accident

$1,000,000 Awarded in a Truck Accident

$1,000,000 Awarded in a Car Accident

$1,000,000 Settlement in a Car Accident

$1,000,000 Settlement in a Premises Liability Accident

$1,000,000 Settlement in a Construction Accident

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$1,000,000 Settlement in a Car Accident

What Types of Compensation Can Subway Accident Victims Receive?

If liability is proven, victims may be eligible for both economic and non-economic damages, including:

Lost Wages: Compensation for income lost due to the inability to work while recovering from injuries.
Medical Expenses: Costs related to past and future medical care, rehabilitation, medications, and therapy.
Loss of Future Earnings: Compensation for long-term disabilities that affect future earning potential.
Disfigurement or Disability: Compensation for lasting physical changes or impairments.
Pain and Suffering: Compensation for physical pain and emotional distress resulting from the accident.
Loss of Enjoyment of Life: Compensation if the accident prevents you from engaging in activities you previously enjoyed.
Wrongful Death Damages: In cases of fatal subway accidents, eligible surviving family members may receive compensation for financial losses.

Each case is unique, and the amount of compensation will vary depending on the specifics and severity of the injuries involved. The accident lawyers at The Law Offices of Michael S. Lamonsoff can help get you the compensation you deserve.

Injured on the NYC Subway? Take These Steps Immediately

Public transit accidents involve complex laws and aggressive deadlines. If you've been injured, follow this checklist to protect your health and your legal rights:

Seek Medical Care: See a doctor immediately to document your injuries and link them directly to the accident.
Report the Incident: Alert a station agent or NYPD officer. Ensure an official Incident Report is filed and ask for the report number.
Document the Scene: Take photos of the hazard (e.g., icy platform, broken stairs, car gap) and the Subway Car Number. Collect contact info from witnesses.
Gather Witness Information: If anyone witnessed the accident, get their name and contact information.
Preserve Evidence: Retain all physical items from the accident, including your clothes and footwear. Additionally, ensure you keep copies of all related medical documentation and invoices.
Avoid Making Statements: Do not make any recorded statements to the MTA or their insurers without first consulting with a lawyer.
Consult a Lawyer: Don't give a statement to MTA investigators alone. Contact an attorney to subpoena surveillance footage before it's erased. Watch the Clock (90-Day Rule): You must file a Notice of Claim against the MTA within 90 days. Missing this deadline usually means losing your right to sue.
Prepare for the 50-H Examination Under Oath: After your Notice of Claim is served, the MTA has the right to examine you under oath before any lawsuit is filed. This is not an informal conversation. Defense attorneys will look for inconsistencies, attempt to secure damaging admissions, and try to lock you into testimony that can later undermine your case. Having an attorney present at this examination is essential.

For a complete step-by-step walkthrough of the MTA claims process, including what must be included in your Notice of Claim and how to preserve critical evidence, see: How to File a Subway Track Accident Claim: A Step-by-Step Legal Guide.

Why Are Subway Accident Claims Different From Other Accident Types?

Subway accident claims in New York are different because of the involvement of the Metropolitan Transportation Authority (MTA), a government agency, which adds complexities in filing and proving a case. These cases are governed by specific laws that create hurdles not present in private entity claims.

Key Differences:

Notice of Claim: The MTA is a public agency, and claims against it are governed by the New York General Municipal Law § 50-e, which requires that a notice of claim be filed within 90 days of the accident. This is much shorter than the standard statute of limitations for personal injury claims, which can be as long as three years.
Complex Procedures: To file a lawsuit against the MTA, claimants must first file a notice of claim with the agency within 90 days. After this, they must wait at least 30 days before proceeding with a lawsuit. This step is mandatory for suing a governmental entity and can delay the legal process compared to typical personal injury claims.
Liability Issues: Determining liability can be more complex because multiple parties may be involved. In addition to the MTA, other entities like contractors or equipment manufacturers may share responsibility. Legal concepts like contributory negligence and joint liability may come into play, which require in-depth investigations to determine who is at fault.
Catastrophic Injuries: Due to the nature of subway accidents, catastrophic track injuries can occur: dismemberment (loss of limb/amputations), head injuries, spinal injuries, death, and more.

Frequently Asked Questions

Can I sue the MTA if I fell on subway tracks?

Yes — you may be able to sue the MTA if you fell on subway tracks in New York City, depending on how the incident occurred and whether the transit authority failed to maintain a reasonably safe platform. Many people assume they cannot sue the MTA because they fainted, had a seizure, were pushed during overcrowding, slipped near the platform edge, were intoxicated, or were experiencing a mental health crisis. But the law does not bar recovery simply because you were vulnerable. The key legal question is whether the MTA failed to implement reasonable safety measures to prevent foreseeable harm. Overcrowded platforms, medical emergencies, and passenger instability are predictable in a system that serves millions daily — especially with congestion pricing increasing subway ridership. If safer platform protections were available and not implemented, the MTA may still be held liable. Because claims against the MTA require a Notice of Claim within 90 days, you should speak with a NYC subway track injury lawyer immediately.

What happens if I believe I was partially at fault for falling onto subway tracks?

You can still sue the MTA even if you believe you were partially at fault. For example, if you slipped while intoxicated but the platform lacked reasonable safety protections, both factors may be examined. The MTA cannot simply escape responsibility by blaming you. Transit systems are legally required to anticipate overcrowding, passenger movement near the platform edge, medical emergencies, impaired riders, and mental health crises. The fact that someone fell does not end the inquiry. It begins it. An experienced subway track injury lawyer in NYC will investigate inadequate barricades, platform design, prior incidents at the station, speed of the train, visibility of the tracks ahead by the engineer, surveillance footage, condition of the engineer at the time of the accident (i.e., intoxication, medication side effects, excessive shifts, sleep apnea), train operator response time, and available but unused safety measures. If the system allowed foreseeable catastrophic harm, liability may exist.

How long do I have to file a lawsuit against the MTA?

In most cases, you must file a Notice of Claim within 90 days of the subway track accident. Failing to meet this deadline can permanently bar your claim. After the Notice of Claim is filed, additional procedural steps and deadlines apply before a lawsuit can proceed. Because subway injury claims against the MTA involve strict legal requirements, it is critical to contact a subway track injury lawyer in NYC as soon as possible. Evidence disappears quickly. Surveillance footage may be erased. Witnesses become difficult to locate. Time matters.

How long will it take to settle my case?

Every case is different and treated on an individual basis, so there is no rule of thumb when it comes to timelines. The attorneys at The Law Offices of Michael S. Lamonsoff, PLLC, know how to get your case noticed and help you navigate the litigation process. In some situations, skilled negotiation may result in a pretrial settlement. If your claim is resolved before trial, it can significantly shorten the time it takes to settle your case. However, more complex cases — especially those involving serious injuries or disputed liability — may take longer to resolve.

What if my injuries are not apparent before the filing deadline passes?

It is imperative to file a Notice of Claim within ninety days if you intend to pursue a claim arising from a New York subway accident. This deadline applies whether your injuries were immediately apparent or not. Some injuries — including head trauma, internal injuries, or soft tissue damage — may not fully manifest until days or weeks after the incident. Waiting to see how you feel can jeopardize your legal rights. The best way to protect yourself is to seek legal counsel from an experienced New York subway accident attorney as soon as possible, even if your injuries initially seem minor.