Bus and Train Accident Attorney in NYC

Attorney Michael Gunzburg

Who Needs a Bus & Train Accident Attorney in New York City?

You need a bus and train accident attorney if you've been injured while riding, boarding, or exiting public transportation in New York City. Common situations include sudden stops or accelerations that throw passengers to the floor, slip and fall accidents on wet bus or subway floors, doors closing on passengers, collisions with other vehicles, and derailments or train malfunctions.

Daily commuters who rely on the subway, MTA buses, Long Island Rail Road, Metro-North, or private bus lines are particularly vulnerable to these accidents. You might be a passenger holding onto a pole when the driver suddenly brakes, a pedestrian struck by a bus at a crosswalk, or someone injured boarding a crowded train during rush hour. Whether you were hurt in Manhattan, Brooklyn, the Bronx, Queens, or Staten Island, you deserve compensation for your injuries.

Transit accident cases are different from regular car accident cases because they often involve government entities like the MTA, which have special rules and strict filing deadlines. You typically have only 90 days to file a notice of claim against New York City or the MTA, missing this deadline can destroy your case. That's why you need an attorney who knows these rules and acts quickly to protect your rights.

What to Expect When You Work With Us

Our legal process protects your rights while maximizing your recovery. Here's what happens when you choose us as your bus and train accident attorney.

Step 1: Free Consultation and Case Review

We meet with you to discuss your accident, review any documentation you have (accident reports, medical records, photos), and explain your legal rights. We give you an honest assessment of your case and answer all your questions about the process, timeline, and potential compensation.

Step 2: Immediate Investigation and Notice Filing

We act fast to investigate your accident, obtain surveillance footage before it's erased, interview witnesses, and file all required notices of claim within strict deadlines (often just 90 days for MTA cases). We also contact the transit authority to preserve evidence like maintenance records and driver logs.

Step 3: Medical Documentation and Expert Consultation

We work with you to document your injuries properly and consult with medical experts, accident reconstruction specialists, and other professionals who can strengthen your case. We also help you understand your No-Fault insurance coverage for medical bills and lost wages.

Step 4: Aggressive Negotiation

We handle all communication with the transit authority's lawyers and insurance companies, presenting a strong case backed by evidence and expert testimony. Our goal is to secure maximum compensation for your medical expenses, lost income, pain and suffering, and future care needs.

Step 5: Trial Preparation and Litigation

If the transit authority won't offer fair compensation, we're ready to take your case to trial. We prepare every case as if it will go before a jury, which strengthens our negotiating position and shows we're serious about fighting for you.

Benefits of Hiring Michael Gunzburg, P.C. for a Bus and Train Accident

Maximum Compensation for Your Injuries

You receive full compensation for all your damages, past and future medical bills, lost wages, pain and suffering, permanent disability, and loss of enjoyment of life. We've recovered millions for clients with serious injuries from bus and train accidents, including a $1.9 million settlement and a $1.5 million jury verdict. Insurance companies know we will take cases to trial, which motivates them to make fair settlement offers.

No Fees Unless We Win

You pay nothing upfront and nothing out of pocket. We work on a contingency fee basis, which means our fee comes only from your settlement or verdict. If we don't win your case, you owe us nothing. This allows you to focus on your recovery without worrying about legal bills piling up.

Experience with MTA and Transit Authority Claims

MTA cases involve special procedures, strict deadlines, and government immunity defenses that most attorneys don't understand. We have specific experience with these complex cases and know how to protect your rights against well-funded transit authorities. We understand the 90-day notice requirement, Section 50-e hearings, and the strategies defense lawyers use to deny claims.

Frequently Asked Questions About Bus & Train Accidents in NYC

How long do I have to file a claim after a bus or train accident in New York City?

You have 90 days from the date of the accident to file a notice of claim if your case involves the MTA, New York City Transit, or any other government entity. This is much shorter than the typical three-year statute of limitations for personal injury cases in New York. Missing this 90-day deadline can permanently bar your claim, no matter how serious your injuries are.

After filing the notice of claim, you must attend a 50-e hearing where the transit authority's lawyers will question you under oath about the accident. Only after this process can you file a lawsuit, which must be done within one year and 90 days from the accident date. Because these deadlines are so tight and the process is complicated, you should contact an attorney immediately after your accident, waiting even a few weeks can put your case at risk.

What compensation can I recover after a bus or train accident?

You can recover compensation for medical expenses (past and future), lost wages and loss of earning capacity, pain and suffering, permanent disability, loss of enjoyment of life, and emotional distress. In cases involving serious injuries like traumatic brain injuries, spinal cord damage, or broken bones requiring surgery, compensation often reaches six or seven figures.

For example, we secured $1.9 million for a pedestrian struck by a bus who suffered permanent injuries, and $1.5 million for a doctor who tore her meniscus when a bus suddenly accelerated. Your specific compensation depends on the severity of your injuries, how they impact your ability to work and enjoy life, the strength of the evidence, and your attorney's skill in negotiating or trying the case. We fight to recover every dollar you deserve.

Do I need a lawyer if the bus driver gave me an accident report?

Yes, you absolutely need a lawyer even if you received an accident report. The accident report is just the beginning of your case, it doesn't guarantee you'll receive fair compensation. Transit authorities and their insurance companies have teams of experienced lawyers whose job is to minimize what they pay you or deny your claim entirely.

These defense lawyers will look for any reason to reduce your compensation, they'll argue you weren't really injured, that you contributed to the accident, or that your injuries were pre-existing. Without your own attorney, you're at a serious disadvantage. An attorney can investigate the accident thoroughly, gather additional evidence the transit authority won't provide, negotiate effectively with experienced defense lawyers, and take your case to trial if necessary. Studies show injury victims represented by attorneys receive 2.4 to 3.5 times more compensation than those who handle claims alone.

What if I was partially at fault for the accident?

You can still recover compensation even if you were partially at fault for your injuries. New York follows a "pure comparative negligence" rule, which means your compensation is reduced by your percentage of fault, but you're not completely barred from recovery unless you were 100% at fault.

For example, if the jury finds you were 20% at fault for not holding on properly when the bus accelerated, and your total damages are $100,000, you would receive $80,000. However, transit authorities will try to exaggerate your fault to reduce what they pay. We fight these arguments aggressively, presenting evidence that shows the driver's negligence was the primary cause of your injuries. Many times, what seems like passenger fault is actually the result of the driver's sudden movements or failure to announce stops.

How much does it cost to hire a bus and train accident attorney?

Hiring us costs nothing upfront and nothing out of pocket. We work on a contingency fee basis, which means our legal fee is a percentage of whatever compensation we recover for you. If we don't win your case, you pay us nothing, no legal fees, no expenses, nothing.

This arrangement allows anyone who's been injured to afford experienced legal representation, regardless of their financial situation. You don't have to worry about paying hourly rates or large retainers while you're already dealing with medical bills and lost income. We only get paid when you get paid, which means we're motivated to maximize your recovery. The percentage is discussed and agreed upon during your free initial consultation.

What types of injuries are common in bus and train accidents?

Common injuries from bus and train accidents include traumatic brain injuries from hitting your head during sudden stops, spinal cord injuries and herniated discs from violent impacts, broken bones (especially arms, wrists, hips, and legs) from falls, knee injuries including torn meniscus and ACL tears, shoulder injuries including rotator cuff tears, neck and back injuries, and soft tissue injuries like sprains and strains.

Standing passengers are particularly vulnerable to serious injuries when buses or trains make sudden stops or accelerations. We've represented clients who suffered torn meniscus requiring surgery, broken bones requiring hardware implantation, and permanent disabilities that ended their careers. The severity of your injuries directly impacts your compensation, which is why proper medical documentation is so important.

Can I sue the MTA or New York City Transit?

Yes, you can sue the MTA and New York City Transit, but the process is more complicated than suing a private company. Government entities have special protections, and you must follow specific procedures. You must file a notice of claim within 90 days of the accident, attend a 50-e examination hearing where you're questioned under oath, and file the actual lawsuit within one year and 90 days from the accident.

The MTA also has experienced defense lawyers who aggressively fight these cases and often use sovereign immunity defenses to try to escape liability. However, when the MTA or NYC Transit was negligent, such as when a driver operates recklessly, fails to maintain the vehicle properly, or violates safety regulations, they can be held liable. We've successfully recovered millions in damages from the MTA and other transit authorities for our clients.

How long does a bus or train accident case take?

Most bus and train accident cases take 18 months to three years to resolve, though some settle sooner and others take longer if they go to trial. The timeline depends on several factors: the severity of your injuries, whether you've reached maximum medical improvement, the complexity of the liability issues, and the transit authority's willingness to negotiate fairly.

Cases involving government entities like the MTA often take longer because of the required notice of claim and 50-e hearing process. However, we work efficiently to move your case forward while ensuring we don't settle too early, you need to understand the full extent of your injuries and future medical needs before accepting any settlement. We've secured favorable settlements during jury selection, during trial, and even after jury verdicts when appropriate. Throughout the process, we keep you informed and involved in all major decisions.

What should I do immediately after a bus or train accident?

First, seek medical attention immediately, even if you think you're not seriously injured, some injuries don't show symptoms right away, and delaying treatment gives insurance companies an excuse to deny your claim. Second, report the accident to the bus driver, conductor, or transit authority staff and get a copy of the accident report with the incident number.

Third, document everything: take photos of the accident scene, the vehicle interior, any hazards that caused your fall, and your visible injuries. Get contact information from witnesses who saw what happened. Fourth, keep all medical records, receipts, and documentation of how the accident has affected your life. Fifth, contact an experienced bus and train accident attorney immediately, remember, you have only 90 days to file a notice of claim against the MTA or NYC Transit. The sooner you call us, the better we can protect your rights and preserve critical evidence.

Will I have to go to court?

Most bus and train accident cases settle before trial, but you should be prepared for the possibility of going to court. The reality is that transit authorities know we're willing to try cases, which motivates them to make fair settlement offers. We prepare every case as if it will go to trial, which includes gathering evidence, consulting with experts, and developing a courtroom strategy.

If your case does go to trial, we'll be with you every step of the way. We'll prepare you for testimony, explain courtroom procedures, and advocate aggressively on your behalf. Many of our biggest victories, including the $1.9 million post-verdict settlement and $1.5 million jury verdict in bus accident cases, came because we were willing to fight in court when the transit authority refused to make a fair offer. Whether your case settles or goes to trial, our goal is the same: maximum compensation for your injuries.

What if the bus or train accident wasn't reported?

You can still pursue a claim even if the accident wasn't officially reported, but unreported accidents are more difficult to prove. This is why immediate documentation is so important. If you didn't report the accident at the time, you should report it as soon as possible to the transit authority and seek medical attention immediately, mentioning that your injuries are from a transit accident.

We can investigate the accident by obtaining surveillance footage from the bus or train (if still available), interviewing other passengers or witnesses, reviewing the vehicle's maintenance and inspection records, and examining the driver's history and training records. However, the longer you wait, the harder it becomes to gather this evidence. Transit authorities only keep surveillance footage for a limited time, witnesses become harder to locate, and memories fade. That's why you should contact us immediately, we can act quickly to preserve evidence and build your case even when the accident wasn't initially reported.

Can I file a claim if I was injured while boarding or exiting?

Yes, you can absolutely file a claim for injuries that occurred while boarding or exiting a bus or train. Transit operators have a duty to provide safe boarding and exiting conditions for passengers, including waiting until passengers are safely seated or have exited before moving the vehicle, ensuring adequate lighting at stops, maintaining steps and platforms in good condition, and properly operating doors.

Common boarding and exiting accidents include bus drivers closing doors on passengers, trains leaving before passengers are fully aboard, drivers pulling away while passengers are still on the steps, slips and falls on wet or icy steps, and accidents caused by the gap between the train and platform. We've handled numerous cases where passengers were seriously injured during these vulnerable moments. The transit authority can be held liable when their negligence causes these injuries.

Areas We Serve

Michael Gunzburg, P.C. represents bus and train accident victims throughout New York City's five boroughs and surrounding areas. We serve clients injured on MTA buses, subway trains, Long Island Rail Road, Metro-North, and private bus lines across Manhattan, Brooklyn, the Bronx, Queens, and Staten Island.

Whether your accident happened during your morning commute in Midtown Manhattan, on the 4 train in the Bronx, while boarding an MTA bus in Jamaica, Queens, or on the LIRR heading to Nassau County, we're here to help. We understand the unique challenges of NYC public transportation accidents and know how to hold transit authorities accountable throughout the entire New York City metropolitan area.

Other Personal Injury Services We Offer

• Car Accident Lawyer
• Pedestrian Accident Attorney
• Slip and Fall Lawyer
• Construction Accident Attorney
• Medical Malpractice Lawyer
• Wrongful Death Attorney

Schedule Your Free Consultation with a NYC Bus & Train Accident Attorney

You deserve an experienced personal injury attorney who will fight for maximum compensation after your bus or train accident. At Michael Gunzburg, P.C., we've spent 39+ years holding transit authorities accountable and recovering millions for injured passengers throughout New York City.

Don't let the 90-day deadline pass. Call us today at 212-725-8500 for a free consultation. We'll review your case, explain your rights, and tell you exactly what we can do to help. Remember, you pay nothing unless we win, and time is running out to protect your rights.

The MTA and NYC Transit have teams of lawyers working to deny your claim. You need an attorney on your side who's just as determined to fight for you. Get the Big Gunz™ working on your case today.