It's 7:52 a.m. at Jamaica–179th Street. The F train is already on the platform, doors open, and the crowd surges. Somewhere between the bottom step and the car, a commuter catches a foot in the gap, goes down hard, and feels a wrist snap. The doors close. The train leaves. Ten minutes later, there's a new crowd on the platform and no sign that anything happened at all.
That's the problem with subway injuries in a nutshell. They happen in seconds, in places that are crowded one minute and empty the next, and they involve one of the largest transit agencies in the world, with its own rules and its own short deadlines. A Queens subway accident attorney spends a lot of time reconstructing moments like that one. This guide follows a few typical Queens rides, station by station, to show how these cases work and what you should do if one of them happens to you.
The 90-day rule comes first
Before the stories, the single most important fact: subway injury claims are usually claims against the New York City Transit Authority, part of the MTA. Under Public Authorities Law § 1212, a tort claim against the Transit Authority generally requires a notice of claim served within the time set by General Municipal Law § 50-e, which is generally 90 days, and a lawsuit filed within one year and 90 days of the accident.
That's far shorter than the three years most people assume. Courts can sometimes allow a late notice, but you'd rather not depend on that. If you were hurt on the subway, the clock started the moment you fell.
The standard of care: "reasonable care under the circumstances"
People sometimes assume the subway, as a "common carrier," owes riders an extra-high duty. New York's highest court rejected that idea in Bethel v. New York City Transit Authority (1998). The standard today is reasonable care under the circumstances. That means the question in most cases is practical: did the Transit Authority know, or should it have known, about a dangerous condition, and did it fail to fix it or warn people in a reasonable time? Or did a train operator or employee act carelessly?
Ride one: the 7 train, elevated, in the rain
Much of the 7 line through Woodside, Jackson Heights, Corona and into Flushing runs above the street. Elevated stations bring weather onto the platforms and stairs. Rain, ice and snow are inevitable. The legal question isn't whether it was wet. It's whether the Transit Authority took reasonable steps, given the conditions, like salting, mats, drainage that works, and repairing worn stair treads and broken nosings that make wet steps more dangerous.
One wrinkle worth knowing: in many slip cases during active storms, defendants argue the "storm in progress" rule, which generally gives property owners a reasonable time after the precipitation ends to address the hazard. That argument depends heavily on weather records, which a lawyer can obtain.
Ride two: the E and F at Jamaica, the stairs
Stairway falls are among the most common subway injury claims. The defects we see most:
- Broken, loose or missing stair nosings (the metal edge of each step).
- Worn or uneven treads.
- Missing or loose handrails.
- Debris, liquid or food on the steps.
- Poor lighting in the stairwell.
In these cases, the exact step matters. "I fell on the stairs at Parsons Boulevard" isn't enough. Which entrance? Which staircase? Which step from the top? Was the nosing loose before your fall? A photo of that specific step, taken the same day, before anyone fixes it, can be the most valuable piece of evidence in the case. Our post on suing the MTA for a subway station fall in Queens goes deeper on station falls.
Ride three: the A train to the Rockaways, the sudden stop
You're standing, holding a pole, and the train lurches to a stop. You're thrown into a seat edge and hurt your back. Is that a case?
Sometimes. New York courts have long held that ordinary jerks and jolts are part of riding a train. To recover for an injury caused by the train's movement, a rider generally has to show the movement was "unusual and violent," different in kind from the normal starts and stops of travel. Testimony alone may not be enough. Evidence that other riders also fell, objective descriptions of the force, and the reason for the emergency stop can all matter.
Ride four: the platform gap
Gaps between platforms and train doors vary by station and car. Some curved platforms leave wide gaps. A foot, a stroller wheel or a cane can go through. Gap cases may turn on whether the gap at that station was known to be excessive, whether warnings or gap fillers were used, and whether the train was properly berthed at the platform.
Where you stood matters. Which car you were in matters. Write it down.
Ride five: the doors, escalators and elevators
Door closings that catch a passenger, escalators that stop suddenly or have broken steps, and elevators that mis-level or drop can all cause injuries. These cases involve maintenance logs, outage records and sometimes outside contractors who service the equipment. Our post on escalator and elevator accidents in NYC explains those claims in more detail.
What about assaults and being pushed?
Attacks in the subway are frightening, and riders reasonably ask whether the MTA is responsible. New York law generally doesn't make a public transit agency liable for failing to provide police protection, unless a "special relationship" existed between the agency and the injured person. Those cases are difficult. But other parties may be responsible in some situations, and crime victims may be eligible for help from the New York State Office of Victim Services. If something like this happened to you, it's still worth a conversation.
What to do if you're hurt on the subway
- Get medical help. If you need an ambulance, ask a station agent or call 911.
- Report it. Tell a station agent or MTA employee, and ask whether a report is being made. If police respond, get the officer's name and report number.
- Write down the details: station, entrance, staircase or platform location, line and direction, car number if visible, time and weather.
- Photograph the hazard and your injuries, as soon as you safely can. Go back the same day if you can't do it at the time.
- Get witness names and numbers. Fellow riders disappear fast.
- Keep your MetroCard or OMNY record. Your tap history can help confirm when and where you entered the system.
- Don't give a recorded statement to an MTA claims representative before talking to a lawyer.
- Calendar 90 days. Then talk to a lawyer well before that date.
Surveillance video: it doesn't last
Many stations now have cameras, and video can show exactly what happened. But video is generally kept for a limited time before being overwritten. A lawyer can send a demand to preserve footage right away, along with requests for maintenance and inspection records for the location where you fell. The sooner that request goes out, the better.
What happens after the notice of claim
Serving a notice of claim isn't the end of the early work. It's the start of a formal process. Here's what usually follows in a claim against the Transit Authority:
- The notice is served. It describes who you are, when and where the accident happened, how it happened and the injuries claimed. Precision matters. A notice that names the wrong station entrance or describes the wrong staircase can create problems later.
- The 50-h examination. Under General Municipal Law § 50-h, the Transit Authority generally has the right to examine you under oath about the claim before a lawsuit is filed. It's similar to a deposition. Your lawyer prepares you for it and attends with you. The authority may also ask for a physical examination.
- Waiting period. A lawsuit generally can't be filed until 30 days after the notice is served, and if a 50-h exam is demanded, until it has been held.
- The lawsuit. If the claim isn't resolved, suit is filed, generally within one year and 90 days of the accident. From there, the case proceeds like other injury cases: records exchange, depositions, medical exams, and often mediation or settlement talks.
Because of that sequence, the first few weeks after a subway injury are packed. The notice, the evidence requests and the medical documentation all need to happen close together.
Proving the condition: the MTA's own records
In stair and platform cases, the Transit Authority's records often decide the question of notice. Depending on the case, a lawyer may seek:
- Inspection and maintenance records for the specific staircase, platform section or escalator.
- Prior complaints and work orders about the same location.
- Cleaning schedules and records for the station.
- Incident reports prepared by station staff.
- Video from station cameras.
- Train operator and conductor reports, and data about the train's movement, in sudden-stop and door cases.
A pattern of repeated complaints about the same broken nosing, or a work order opened and never closed, can be the evidence that turns a hard case into a strong one.
Riders with disabilities, seniors and parents with strollers
For many riders, an elevator outage isn't an inconvenience. It's the difference between a safe trip and a dangerous one. When a station elevator is out of service, riders who use wheelchairs or walkers, older riders and parents with strollers are often pushed onto stairs or long detours. Injuries that follow can raise questions about how long the outage lasted, whether it was reported and repaired in a reasonable time, and what alternatives were offered.
The MTA publishes elevator and escalator status information, and those records, along with maintenance logs, can help establish what was known and when. If you or a family member were hurt because accessible equipment wasn't working, note the station and time, save any outage alerts you received, and mention it when you speak with a lawyer.
Buses, the LIRR and other carriers
Not every transit injury in Queens is a subway injury. MTA bus claims follow similar notice rules. The Long Island Rail Road is a separate MTA subsidiary with its own statute, and Amtrak is governed by federal law. Our New York train accident guide compares them, and our MTA and NICE bus claim timeline covers buses.
Talk to us before the 90 days run
Yakov Mushiyev & Associates represents people hurt on subways, buses and trains throughout Queens and New York City. We move fast on notices of claim and evidence preservation, because that's what these cases demand. Consultations are free, in English, Russian or Spanish, and there's no fee unless we win. Call 718.775.3110 or contact us online.
Directions to Yakov Mushiyev & Associates
Our office is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, in southeast Queens near the Queens–Nassau border. The map below shows the route from Jamaica-179th Street Station, Queens. We also meet clients by video, at home or in the hospital.
Open turn-by-turn directions in Google Maps
Subway accident FAQ
How long do I have to file a claim against the MTA for a subway injury?
For claims against the New York City Transit Authority, you generally must serve a notice of claim within 90 days of the accident and file a lawsuit within one year and 90 days. These deadlines are much shorter than the usual three-year period, so act quickly.
Can I sue the MTA if I slipped on wet subway stairs?
Possibly. The question is whether the Transit Authority knew or should have known about a dangerous condition, like worn treads, broken nosings or a persistent leak, and failed to fix it or warn riders in a reasonable time. During active storms, the "storm in progress" rule may also come into play.
I was hurt when the train stopped suddenly. Do I have a case?
Possibly, but New York requires proof that the stop was "unusual and violent," not just the normal jerks of train travel. Evidence that other passengers were also thrown, or objective details about the force and the reason for the stop, can be important.
What if I fell in the gap between the platform and the train?
Gap cases often depend on whether the gap at that station was known to be unusually wide, whether warnings or protective measures were used, and how the train was positioned. Note the station, the car and where on the platform you were, and photograph the gap if you safely can.
Does the MTA keep video of subway accidents?
Many stations have cameras, but footage is generally kept only for a limited time. A lawyer can send a preservation demand quickly to ask the MTA to save video and related records before they're overwritten.