Curious why compensation for public transportation accidents can be so difficult?

Thousands of Americans are injured every year on buses, subways, and trains throughout the country. Unfortunately, most people have no idea what they’re getting into when filing a claim against a government agency.

Here’s the problem:

Claims involving public transit are complicated. Each city has different laws and requirements that must be followed. Failing to take the right steps immediately following an accident can derail your claim before it even gets started.

Injured passengers who make mistakes early in the process can lose their right to compensation permanently.

Let’s take a closer look at how transit injury claims work. Knowing what you’re up against is the first step to protecting your rights.

You’ll Learn:

• Why Public Transit Accident Claims Are Different
• Common Obstacles Injured Victims Face
• How Government Immunity Limits Compensation
• Critical Steps To Protect Your Right To File A Claim

Why Are Public Transit Claims Different?

Transit accident compensation claims require an entirely different approach. Normal car accident claims are negotiated between private insurance companies. Standard personal injury lawsuits are filed against individuals or small businesses.

When a transit agency is involved suddenly every rule changes.

A government agency is responsible for maintaining vehicles, paying driver wages, and ensuring safe operation. Because of this, transit companies are provided special legal protections that make it difficult for victims to file successful claims. Claimants have to follow special filing procedures, meet strict deadlines, and often recover less compensation.

Take NYC subway injury cases for example. Victims have only 90 days to report the accident to the transit authority. Failure to do so forfeits your right to any compensation whatsoever. Not even your attorney can file a claim on your behalf after the deadline passes.

That deadline is ⅓ less than most states allow for regular personal injury claims.

All states have different laws about who can be held liable in a transit accident. Many also limit the total amount of compensation a victim can recover from a government agency. You’ll need to research your state’s specific transit accident laws as soon as possible.

Common Obstacles Injured Victims Face

Government agencies fight hard against paying compensation. Public transportation agencies have entire departments devoted to minimizing payouts. There are also a number of unique obstacles that make transit accident claims more difficult:

Finding The Responsible Party

When passengers are injured on public transit it’s often difficult to determine liability. Was the driver distracted? Did the bus or train company fail to maintain their vehicles? Was there simply another careless driver?

Determining fault can be extremely complicated. Responsible parties can include:

• The transit authority itself
• Maintenance companies
• Bus or train drivers
• A 3rd party driver
• Vehicle manufacturer

Each liable party has their own insurance company that will fight to blame someone else.

Proving The Negligence Of A Government Agency

To receive transit accident compensation you’ll have to prove negligence on behalf of the transit authority. This can be difficult. Luckily there are some things you can gather right away that will help prove negligence.

Government agencies have a duty to maintain safe operation. You can prove negligence by gathering:

• Previous maintenance records
• Bus, train, or subway camera footage
• Witness testimonies from other passengers
• Official reports of the accident

Having hard evidence to support your claim early on is critical.

Dealing With Sovereign Immunity

Another tricky aspect of these cases is sovereign immunity. Essentially, state and local governments can’t be sued without their consent. Most states have waived immunity when it comes to transit accidents, but there are still limitations.

Victims can be awarded less compensation than they’re entitled to simply because a bus, subway, or train was involved.

States have laws called “damage caps” that limit the total amount of recovery in an injury claim. When a government agency is involved those caps are often drastically reduced.

How Often Do Public Transit Accidents Really Happen?

According to FMCSA-sourced data, there were over 13,000 recorded bus accidents in the U.S. in 2024. Nearly half of those accidents resulted in injuries to passengers or third-party drivers.

Statistics show that New York had one of the highest percentages of injured passenger bus accidents.

And it’s not just buses…

A Transportation Alternatives report found that in the first nine months of 2024, there were 193 traffic fatalities in New York City. 2,335 more people were seriously injured by city traffic. This includes cyclists, pedestrians, and passengers injured in subway accidents.

These are higher numbers than previous years.

When more accidents happen more victims are going to suffer injuries. Transit authorities process hundreds of claims every year. When you’re going up against a multi-million dollar budget it’s important to take every possible advantage.

How Does Sovereign Immunity Impact Compensation?

Many state and local governments are protected by “sovereign immunity”. This means that under federal law you can’t sue the government. However, almost every state has waived immunity when it comes to transit accidents.

While sovereign immunity doesn’t affect your ability to sue, it does have a major impact on compensation:

• Claimants have less time to file – Standard personal injury claims can take years to play out. When a government agency is involved claimants only have a few months to file a claim against a transit authority.
• There are damages caps – As mentioned earlier, government claims have a capped amount that can be awarded to victims. This cap is usually far lower than most personal injury cases.
• Special pre-filing requirements – Filing a claim against a government agency comes with additional red tape. Notices of claims, deadlines, and even administrative hearings are required.

Basically… The government makes it as difficult as possible to file a claim against their agencies. Navigating these tricky waters without an experienced attorney is not recommended.

What Steps Should Be Taken To Protect A Claim?

Filing a successful transit injury claim requires the right steps within the first 24-48 hours after the accident. Immediate actions that should be taken include:

Documentation Is Your Friend

Seek medical attention as soon as possible. Make sure all injuries are documented by a professional. Take pictures of the scene, your injuries, and the vehicle itself if possible.

Get witness information and testimony from anyone who may have seen what happened. The more evidence gathered on the spot the better.

Report The Accident To The Transit Authority

Fill out an official accident report with the transit authority ASAP. This creates an official documentation of the claim. Be sure to keep copies of all documents filed with the government.

Know The Deadline

Each transit authority has different deadlines. These deadlines are typically 90 days or less. Waiting too long to file a notice of claim could mean losing the right to compensation.

Missing the deadline means losing the right to sue. Period.

Transit authorities are well aware of these deadlines and will gladly use them against claimants. Anyone injured on public transit should contact an attorney right away.

Understand What Compensation Is Available

In a perfect world every accident victim would recover 100% of their losses. However, most victims never receive full compensation. Because government claims have damages caps victims are often shortchanged.

Common types of compensation that accident victims recover include:

• Medical Expenses
• Lost Wages
• Pain and Suffering
• Lost quality of life
• Long-term disability

Remember… Damage caps still apply and could reduce the amount a victim is entitled to recover by half or more.

Wrapping Things Up

Filing a public transit injury claim is no easy task. Claimants have to follow strict deadlines, deal with government immunity, and gather enough evidence to prove negligence.

Here are the biggest takeaways from this article:

• Claims against public transportation agencies involve government immunity
• Claimants have less time to file a claim
• Multiple parties could be responsible for injuries
• Gathering evidence early is critical
• Damage caps limit total recovery amount

Thousands of Americans are injured every year on public transit. Following these steps and knowing what you’re up against is the only way to fight back against government bus, subway, and train accident claims.