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New York City’s skyline is built by the hands of hardworking construction workers, but with such a demanding industry comes an increased risk of serious injuries.

Whether you’re working on a high-rise, road project, or small-scale renovation, accidents can happen in an instant – often leaving workers with devastating consequences. If you have been injured on a construction site, knowing the right steps to take can protect your health, legal rights, and financial future.

At Hill & Moin, we are skilled at helping injured construction workers get the compensation they deserve. Here’s a step-by-step guide on what to do after a construction site accident in NYC.

1. Seek Immediate Medical Attention

If you are injured on a construction site, call 911 and request medical assistance. Your health and safety should always come first.

Even if your injuries seem minor, seeking immediate medical attention is essential. Some injuries, such as concussions or internal bleeding, may not present symptoms right away but could become serious over time.

Medical treatment matters because it:

• Ensures you receive the necessary care to prevent complications
• Creates a medical record that links your injuries to the accident
• Provides documentation to support workers’ compensation or personal injury claims

2. Report the Injury to Your New York Construction Site Employer or Supervisor

New York law requires that workplace injuries be reported as soon as possible. Failing to report an injury in a timely manner may jeopardize your ability to file a workers’ compensation claim.

How to report a construction site injury:

1. Notify your supervisor, site manager, or employer as soon as possible
2. Provide written documentation, such as an incident report, detailing how the accident occurred
3. Keep a copy for your records

If your employer fails to document your report, send a written notice via email or certified mail to create a paper trail.

3. Gather Evidence From the Accident Scene

If you are physically able, collecting evidence from the scene of the accident can strengthen your case.

Key evidence to collect:

• Photos and videos: Capture images of the hazardous conditions that led to your injury. This can include unsafe scaffolding, defective equipment, or a lack of safety measures.

• Witness information: Get the names and contact information of coworkers or bystanders who witnessed the accident.

• Equipment and safety violations: Note any lack of safety gear, malfunctioning machinery, or failure to follow Occupational Safety and Health Administration (OSHA) guidelines. Fall protection in construction is the most violated safety standard by OSHA.

• Site conditions: Note any missing warning signs, unstable structures, or unsafe working conditions.

If you are too injured to gather evidence, ask a trusted coworker or family member to do so on your behalf.

4. File a Workers’ Compensation Claim

In New York, most construction workers are entitled to workers’ compensation benefits if they are injured on the job. This provides coverage of medical expenses and lost wages regardless of who was at fault.

How do you file workers’ comp? You must file a Workers’ Compensation Employee Claim (Form C-3) with the New York Workers’ Compensation Board. This can be done online or by mail.

You have a limited period of time from the date of injury to file, but it is recommended that you file as soon as possible.

5. Avoid Speaking to Insurance Adjusters Without Legal Counsel

Insurance companies often try to minimize payouts or deny personal injury claims altogether. Be cautious when speaking with adjusters, and never accept a settlement offer without consulting an experienced construction accident attorney.

Some key things to avoid:

• Giving recorded statements without legal guidance
• Accepting a quick settlement before knowing the full extent of your injuries
• Signing documents or waivers without understanding your rights

Your personal injury lawyer can handle all communications with the insurance company to ensure you aren’t pressured into accepting a low settlement offer.

6. Determine If You Have a Third-Party Personal Injury Lawsuit

While workers’ comp covers medical bills and a portion of lost wages, it does not usually cover other damages, such as pain and suffering. However, you may be eligible to file a personal injury lawsuit against a third party if negligence is involved.

Liable parties in construction accidents may include:

• General contractors and subcontractors: If they failed to follow safety regulations

• Property owners: If hazardous conditions on the site contributed to the injury

• Equipment manufacturers: If defective machinery or tools caused the accident

• Other companies: If another subcontractor’s negligence led to your injury

Labor laws 240 and 241 in New York protect construction workers, especially in cases involving falling from heights, scaffolding accidents, or unsafe conditions. A personal injury lawyer can assess whether you qualify for a lawsuit based on negligence.

7. Keep Medical Records and Follow Your Treatment Plan

Insurance companies and defense attorneys may try to downplay your injuries or argue that they were not caused by the construction accident. In this case, keeping detailed medical records is imperative to proving your claim.

It is recommended to:

• Attend all follow-up appointments and follow your doctor’s advice
• Keep copies of medical reports, test results, and treatment plans
• Track out-of-pocket expenses for prescriptions, physical therapy, and medical devices.

Failing to follow medical advice can weaken your case and give insurance companies a reason to deny or reduce your compensation.

8. Hire an Experienced New York City Construction Accident Lawyer

Navigating a construction accident claim in NYC can be challenging, especially if you are dealing with medical recovery and financial stress. Hiring a skilled construction accident lawyer can make all the difference in the outcome of your case.

A personal injury lawyer can help you:

• Understand New York’s compensation laws: New York has some of the strictest worker protection laws in the country. A skilled construction accident lawyer will understand these regulations and how to use them to your advantage.

• Investigate and gather evidence: Proving liability in a construction accident case requires strong evidence. Your lawyer will conduct a thorough investigation and gather evidence such as surveillance footage, witness statements, and expert testimony.

• Maximize your compensation: Many workers mistakenly believe that workers’ compensation is their only option for financial recovery. Your lawyer will explore all possible sources of compensation, including personal injury lawsuits and third-party claims.

• Avoid employer retaliation: Some workers fear that filing a claim could result in retaliation from their employers. However, NY law protects workers from being fired or discriminated against for seeking compensation. Your personal injury lawyer will protect your rights and take legal action if your employer tries to retaliate against you.

Most NYC construction accident lawyers work on a contingency fee basis, meaning you don’t pay anything unless you win your case. This allows injured workers to get top-tier legal representation without worrying about upfront legal fees.

Protecting Your Rights After a NYC Construction Accident

Suffering an injury on a construction site can be overwhelming. Taking the right steps immediately afterward can make a significant difference in your recovery and legal options.

The legal team at Hill & Moin understands the complexities of New York’s construction accident laws. We are committed to helping injured workers secure the compensation they deserve.

With our law firm on your side, it’s like “having a lawyer in the family.” We don’t just handle cases – we support people through some of their most challenging times.

If you or a loved one has been injured on a construction site, don’t wait. Contact Hill & Moin today for a free consultation, and let’s explore your Personal Injury Recovery SolutionsⓇ together. 

Don’t wonder about your rights!

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CK is a loving mother who enjoys cooking and spending quality time with her young son. One morning, on her way to school, her day took a devastating turn when another vehicle suddenly sideswiped her car. The impact left her shocked and injured, requiring immediate medical attention. She was rushed to the emergency room, where she was treated for multiple injuries. The experience was overwhelming, and CK didn’t know where to turn for help.

Thankfully, CK was referred to the experienced attorneys at Hill & Moin, LLP. From the very first conversation, the team made her feel supported and informed. They explained her legal options clearly and kept her updated throughout the entire process. “They were outstanding,” CK shared, emphasizing how much she appreciated their constant communication and dedication. With their help, CK’s case was resolved successfully, and she received a $650,000 settlement.

Now on the road to recovery, CK is looking forward to brighter days ahead. She plans to take her son on a relaxing Caribbean vacation—a much-needed break after such a difficult journey. The settlement has brought her both peace of mind and a sense of justice. Reflecting on her experience, CK is deeply grateful for the support she received. When asked to rate Hill & Moin, she gave them a confident five stars.

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Xavier Martinez had a routine scooter ride turn into a nightmare when he was struck by another driver, suffering painful injuries to his leg and knees. The road to recovery was long—but thankfully, he didn’t have to go through it alone. He needed a legal team that would fight for him and ensure he was compensated fairly—not just for his medical bills, but for his pain, suffering, and long-term recovery. The attorneys at Hill & Moin took on the case with urgency and care, digging into the details, communicating regularly with the client, and making sure he felt heard and supported at every step. From the moment he contacted the firm, they made it their mission to support him not just as legal representatives, but as people who truly cared about his well-being.

He later described his experience with them as excellent and gave us a 5 out of 5 rating for our service—a reflection of the hard work, dedication, and compassion our team strives to deliver in every case. Beyond the legal work, what meant the most to Xavier was the courtesy and professionalism of our staff. From the front desk to the legal team, every interaction made a positive impression. He felt respected, informed, and—most importantly—valued.

Thanks to the team’s efforts, we were able to secure a settlement that went beyond what he expected. He told us he plans to use the money to buy a car for his wife and make improvements to their home in the Dominican Republic—a meaningful step forward after an incredibly difficult time.

We are deeply grateful for this client’s trust and proud to have played a role in helping him move forward. His story is a testament to the power of strong legal representation, and the importance of choosing a team that puts people first. When someone places their trust in us after a traumatic event, we take that responsibility seriously. If you or someone you know has been injured in a motorcycle accident, don’t face the aftermath alone. Contact Hill & Moin today. We’ll fight for the compensation you deserve—and the peace of mind you need.

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FC, who enjoys crafting and gardening in her free time, suffered a fall on a defective sidewalk in front of a school in Brooklyn after visiting family members. The incident left her with hand injuries, prompting her to seek legal help to understand her options for compensation.

She contacted the attorneys at Hill & Moin, LLP, who clearly explained the legal steps involved and helped her feel confident in pursuing her case. FC appreciated how easy it was to make appointments and noted the firm’s flexibility in working around her schedule, which made the process much less stressful.

Thanks to the dedication and hard work of the legal team, FC received her settlement. She was extremely satisfied with the outcome and rated Hill & Moin, LLP five stars. With the case behind her, FC is now looking forward to treating herself—possibly with a special vacation or a beautiful piece of jewelry.

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New York property owners and businesses must take reasonable steps to prevent accidents and crimes from happening on their premises. When property owners fail to implement adequate security measures, customers and visitors may fall victim to violent crime or other harm.

If you or a loved one has been hurt on someone else’s property as a result of inadequate security, you may be able to hold the business or property owner liable for what you have suffered. However, proving negligent security after an incident is not always a straightforward process.

In this article, we will consider various examples of inadequate security in New York premises liability cases. We will then discuss what is needed to prove negligent security and pursue a valid claim.

What Is Involved in Adequate Security in New York?

Under premises liability law, businesses and property owners in New York must take reasonable measures to ensure the safety of visitors and customers. It is the property owner’s duty to assess the potential for criminal activity on his or her premises and then take adequate steps to prevent it.

The extent of reasonable security measures needed depends much on the type of property and where it is located. Anti-crime measures that might be adequate for one location may not be enough for an area with a higher risk or history of violent crime injuries.

Vigilant property owners can provide adequate security in a number of ways:

• Exterior security: Property owners should have effective security measures and policies in place outside the premises.

• Interior security: Property owners also need to enact reasonable security measures and procedures inside the building.

• Employee security: Employers and business owners should conduct reasonable background checks on prospective employees. Additionally, employees should be adequately trained to recognize and address security issues.

• Administrative obligation: Property and business owners should implement a system for collecting and reporting any criminal activity on or near the premises.

A property owner has a legal obligation to exercise reasonable care in protecting guests, customers, and employees from foreseeable harm. If he or she fails to take sufficient security measures, a negligent security claim may help you get the restitution you deserve after an injury.

Examples of Negligent Security in New York

Statistics show that New York City saw approximately 80 felony assaults each day in 2024. Sadly, a number of these and other crimes could have been avoided had adequate security measures been implemented.

Examples of insufficient or negligent security include:

• Inadequate lighting
• No alarms
• Faulty gates and broken locks
• Broken or defective security cameras
• Lack of camera surveillance
• Improperly secured entrances and exits
• Failure to monitor security and surveillance systems
• Failure to warn about known hazards
• Inadequate resources for crowd control
• Blocked emergency exits
• Lack of security guards or insufficient training for security personnel
• Failure to properly screen visitors or employees

Security breaches in public places are a serious matter. Negligent security cases bring awareness to the property owner or manager’s responsibility to maintain the property and keep it safe for visitors. When such cases are brought forward, this can cause more property owners to take the necessary steps to ensure that their property is safe.

Common Locations Where Inadequate Security Is a Concern

In reality, a crime resulting from inadequate security measures can happen almost anywhere. That said, high-traffic areas and places where crowds gather typically require more extensive security. At the same time, the lack of security measures is a concern in places where potential victims may be found alone.

Locations in which negligent security liability more frequently arises include:

• Parking garages and parking lots
• Stores and shopping malls
• Office buildings
• Apartment complex
• Theaters, arenas, and sports stadiums
• Schools, universities, and daycare facilities
• Bars, clubs, and restaurants
• Hospitals and nursing homes
• Parks and amusement parks
• Airports, train stations, and bus stations
• ATM kiosks

In instances in which inadequate security measures led to a personal injury, you may have a premises liability case against the negligent property owner. You may be able to pursue compensation for medical expenses, lost wages, psychological distress, and other harms resulting from the incident.

An experienced premises liability lawyer will work to gather evidence and establish the facts of your case to hold all responsible parties accountable for your losses.

Proving Liability in a New York Negligent Security Claim

To successfully resolve a New York negligent security claim, the victim must prove that the property owner, business owner, or another potentially liable party failed to provide adequate security. You will need to show that the injury could have been prevented had reasonable security measures been in place.

A successful negligent security claim based on New York laws will establish foreseeability. In other words, the party with the legal duty to provide adequate security on the premises either caused the hazard or knew to expect it yet failed to address the situation, resulting in your injury.

As previously stated, property owners have a legal obligation to take reasonable precautions to protect visitors from unsafe conditions and foreseeable crimes. When they fail to do so, a well-practiced premises liability attorney can go to bat for you. A good lawyer can put New York’s premises liability laws to work on your behalf – helping you prove negligence and get the restitution you deserve.

Contact New York Premises Liability Attorneys for the Help You Need

After suffering a violent crime or other harm in New York City, you are likely reeling physically, emotionally, and financially. Realizing that negligent security led to the incident can be all the more devastating. This is no time to work alone.

The professional and compassionate personal injury lawyers at Hill & Moin LLP are the advocates you need after suffering the trauma of a negligent security accident. With more than 60 years of combined experience, our legal team is well-versed in all matters of New York premises liability cases – including those involving inadequate or negligent security.

At Hill & Moin LLP, we offer our clients Personal Injury Recovery Solutions® that work. Our dedicated and results-oriented lawyers can give you the confidence needed to pursue your legal remedies for fair compensation after an injury. Call us today at (212) 668-6000 or fill out our online contact form to schedule a free consultation. 

Don’t wonder about your rights!

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In 2022, an estimated 10.8 percent of New York drivers were uninsured. This staggering fact supports the need for uninsured motorist coverage for the average New York driver. When it comes to car insurance, many drivers focus on basic coverage requirements and overlook the value of additional protections, such as uninsured motorist coverage.

In New York, where motor vehicle accidents are unfortunately common, having this coverage is essential for protecting yourself and your family. Whether you’re involved in an auto accident with an uninsured or underinsured driver, this coverage can ensure that you don’t have to bear the financial burden of medical costs, lost wages, and other expenses that arise from such incidents.

If you’ve been involved in a car accident, don’t hesitate to get help. Contact a New York car accident lawyer at Hill & Moin for a free consultation. Our experienced personal injury attorneys can evaluate your unique case for free and explain how we can assist you. 

Underinsured Motorist Coverage vs. Uninsured Motorist Coverage

Uninsured and underinsured motorist coverage helps to cover expenses such as medical costs, lost wages, and property damage when the at-fault driver doesn’t have adequate insurance to cover your losses. While both uninsured and underinsured motorist coverage protects you in the event of an accident, they differ in how they handle the situation.

Uninsured driver coverage applies when the at-fault driver doesn’t have any auto insurance at all. On the other hand, underinsured driver coverage comes into play when the at-fault driver has insurance, but their coverage limits are insufficient to cover your expenses fully. Which type of coverage may come into play depends on the circumstances surrounding your accident.

For example, if you are in a car accident with an underinsured driver who only has the minimum coverage required by New York law, but your medical bills far exceed their coverage limits, underinsured driver coverage can help you recover the remaining costs.

These are both important aspects of your auto insurance policy to ensure you have sufficient protection in the event of an accident involving an uninsured or underinsured motorist.

The Role of Liability Insurance and Bodily Injury Liability Coverage

When it comes to car insurance, liability insurance coverage is a fundamental requirement. In New York, drivers are required to carry liability coverage, which helps cover the costs associated with damage or injuries you cause to others in an accident. Basic liability insurance has its limitations, and you should understand where your coverage ends.

Bodily injury liability coverage, a part of liability insurance, helps cover medical expenses, pain and suffering, and lost wages for the other driver if you’re at fault in a car accident. This part of liability insurance may even cover the other driver’s legal fees if you are considered to be at fault for the accident.

However, liability only covers the costs associated with the other party’s injuries or damages. It doesn’t help with your own medical bills, lost wages, or property damage. That’s where your essential uninsured or underinsured motorist coverage comes in, ensuring that you’re protected if the other driver does not have sufficient insurance coverage.

Why Do You Need Uninsured Motorist Coverage in New York?

In New York, the law mandates that drivers carry a minimum amount of liability car insurance and uninsured motorist coverage. Unfortunately, though, this doesn’t always mean that the at-fault driver will have enough coverage to pay for all the damages resulting from an accident.

Many drivers on the road may have the bare minimum insurance policies, leaving you with a significant financial burden if you’re injured in an accident with an uninsured or underinsured driver.

Without additional uninsured driver coverage, also known as Supplemental Uninsured Motorist or SUM coverage, you may have to rely solely on your own auto insurance company or personal assets to cover your medical expenses and damages.

This can be particularly problematic if you’re involved in a serious accident that results in high medical costs and lost wages. Even worse, if the at-fault driver doesn’t have insurance, you may struggle to recover compensation for your injuries.

Uninsured motorist coverage is also invaluable in the case of a hit-and-run accident. If the at-fault driver flees the scene, leaving you with no way to identify him or his insurance, uninsured driver coverage can step in to cover your medical bills and other expenses.

In New York, hit-and-run accidents can be common, but UM coverage can provide the peace of mind that comes from knowing that you won’t be left without financial protection.

No-Fault Insurance and Personal Injury Protection

New York is a no-fault insurance state, which means that, regardless of who is at fault in an accident, your own insurance company policy will cover your medical expenses and lost wages up to the policy limits. This no-fault insurance coverage is provided through personal injury protection (PIP) coverage, which is mandatory under New York state law.

While no-fault insurance helps cover immediate medical expenses and lost wages, it may not be enough to cover serious injuries or significant property damage fully. This is where uninsured or underinsured motorist or SUM coverage becomes essential.

If you’re injured in an accident with an uninsured or underinsured driver, your own insurance policy can help cover expenses that exceed the no-fault coverage, such as medical costs, pain and suffering, and lost wages beyond what PIP provides.

Compassionate Legal Help From Your “Lawyer in the Family”

Uninsured motorist coverage is an essential part of any comprehensive auto insurance policy in New York. With the high number of uninsured and underinsured drivers on the road, it is critical to ensure you have adequate protection in the event of an auto accident.

This coverage can help you recover compensation for medical expenses, lost wages, and property damage caused by an uninsured or underinsured driver. By adding this coverage to your policy, you can have peace of mind knowing that you are financially protected, regardless of the at-fault driver’s insurance situation.

When facing a personal injury or car accident with a long recovery time – we often wish we had done certain things sooner, and talking about uninsured insurance coverage might be one of them. So take action now!

Get personalized advice and Personal Injury Recovery SolutionsⓇ in a free consultation today – just call Hill & Moin at (212) 668-6000. We have been told by clients that having our team is like having “a lawyer in the family” – because we care about you and your rights.

Don’t wonder about your rights!

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In the spring, while walking in his neighborhood of Great Neck, NY, YZ was struck by a vehicle while proceeding across Middle Neck Road in the crosswalk. The impact caused him to fall to the ground, resulting in injuries to several areas of his body. Concerned for their father’s well-being, YZ’s family reached out to Hill & Moin, LLP to investigate and litigate on his behalf. YZ met with the experienced attorneys at the firm, who worked with him to strategize a plan that would ensure he received the care he needed and the compensation he deserved.

Throughout the entire process, YZ and his family were kept well-informed at every step. YZ was particularly impressed by the kindness and character of the Hill & Moin team, remarking that the experience went as smoothly as possible under the circumstances. The firm’s dedication and support left YZ very satisfied with the outcome of his case.

In the end, YZ was awarded a settlement of $800,000. When asked how he would rate his experience with Hill & Moin, LLP on a scale of 1 to 5, YZ gave them his lucky number—7! With his case behind him and the financial relief secured, YZ is now looking forward to the future with hope, knowing that he can finally move on from this traumatic chapter of his life. He remains grateful to Hill & Moin for the care and dedication they provided throughout his case and the spectacular result.

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In mid-September, a Brooklyn resident was working at a construction site when a devastating accident occurred. While on the job, an excavator’s bucket suddenly fell on top of him, causing debilitating injuries to his foot and other areas of his body. In excruciating pain and uncertain about his next steps, he was referred to Hill & Moin, LLP for help in navigating the aftermath of this traumatic incident.

Upon meeting with the attorneys at Hill & Moin, the Brooklyn resident shared the details of his accident, and the legal team immediately laid out a plan to help him recover. They explained the steps that would be taken to ensure that his case would be handled efficiently to secure the compensation he deserved. The attorneys made sure he was well-informed throughout the entire process, answering his questions and keeping him up to date on every development along the way.

At the end of his case, the Brooklyn resident received a settlement of $1.8 million, which provided him with the financial security he needed after such a painful and life-changing experience. He was particularly appreciative of the care and professionalism of the Hill & Moin staff, describing them as “phenomenal”. Now, with his case behind him, he is hopeful for the future and plans to use this experience as an opportunity to invest in new possibilities and rebuild his life. The support he received from Hill & Moin has been instrumental in helping him move forward with confidence.

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New York City is home to one of the most extensive public transportation networks in the world. According to one report, 56 percent of New Yorkers travel on public transportation, using it 3.8 billion times each year. With so many commuters on the go each day, accidents are bound to happen.

When you’re injured on New York’s bustling transit systems, the road to recovery is often filled with confusion and uncertainty. Each mode of transit has its own set of operational practices, regulatory requirements, and – consequently – unique liability issues when accidents occur.

Fortunately, understanding your legal rights can make all the difference. This comprehensive guide will walk you through the unique landscape of New York public transportation, answer popular questions, explain the legal process, and show how Hill & Moin LLP can help you secure the compensation you deserve.

Who Is Liable for New York Public Transportation Accidents?

If you’ve been injured in a bus accident or some other public transportation incident, you probably have many questions. Who is responsible if the driver makes a mistake? What if a transit authority fails to maintain the vehicles? And what happens when several parties are involved? These are common concerns among accident victims, and understanding the answers can help demystify the legal process.

The answer lies in identifying the appropriate transit agency and determining whether such an accident occurred due to driver negligence, inadequate maintenance, or a combination of factors involving multiple entities.

The most common carrier accidents happen due to:

• Driver error: Fatigue and mistakes such as misjudging distances, failing to signal, or ignoring traffic laws can result in collisions
• Distracted driving: Activities like using a mobile phone or interacting with passengers can divert attention from the road
• Inadequate training: Drivers lacking proper training may be ill-equipped to handle challenging driving conditions or emergency situations
• Mechanical failures: Poor vehicle maintenance can lead to brake failures, tire blowouts, or engine malfunctions, increasing the risk of accidents
• Pedestrian actions: Jaywalking or inattentive pedestrians can unexpectedly enter bus lanes, leading to potential collisions
• Erratic driving: Motorists who drive unpredictably, such as sudden lane changes or failure to yield, can create hazardous situations for buses
• Impaired driving: A driver under the influence of alcohol or drugs poses a significant threat to all road users, and the chances of a bus accident happening are high

The Difference Between Public- and Private-Owned Transportation in New York

While private transportation services have their own set of liability rules, public transportation systems are managed by government agencies or large, self-insured entities.

Other differences include:

• Public transportation and transit: Fully or partially owned and operated by government entities. These include quasi-public systems like Amtrak and the MTA. Most public entities have short deadlines for filing claims. When a bus accident occurs, knowing which governmental entities control the vehicles involved is key to protecting your legal rights and obtaining fair compensation.
• Private transportation: Fully owned and operated by private companies without direct government funding or strict regulation, such as private shuttles, Uber, Lyft, and other rideshares.
• Privately-owned public transportation: Privately owned by companies or individuals but serves the public under strict government regulation. This includes Medallion Yellow cabs and other For-Hire Vehicles (FHVs) that operate with city-issued licenses or medallions.

MTA public transportation accident

The Metropolitan Transportation Authority (MTA Network) is the largest operator of subways and buses in the USA, handling over 2.6 billion rides annually. Any negligence – whether through driver error or poor maintenance – can have serious consequences for many people.

The MTA is governed by the New York City Transit Authority (NYCTA), which covers up to a predetermined amount in no-fault benefits for reasonable economic damages. If you were a pedestrian injured on an MTA bus or subway, you must first file a claim through your own no-fault insurance coverage.

If you do not have coverage, you can submit a notice of claim to the agency’s No-Fault Claims Department soon after the accident occurs. The time limit to file a claim with the transit agency is different from the statute of limitations for pursuing a personal injury lawsuit.

In the notice of complaint form, you must include the time, date, and location of the event. You should also write a thorough description of what happened. Evidence in support of your claim will also help.

Additionally, a 50-H hearing, also known as a “statutory hearing,” is typically required before you can start a lawsuit against the MTA. Do not delay seeking the help of a lawyer who can help you properly prepare and submit your claim. If the MTA does not respond or pay within a reasonable timeframe, you can pursue legal action in court or file a complaint with the state.

Filing a notice of claim is among the first steps to seeking compensation with not only the MTA but also most government-owned public transportation and other agencies, including the following.

The Port Authority PABT and PATH systems

Located in Manhattan, the Port Authority Bus Terminal (PABT) is the busiest bus terminal in the world by volume, serving about 225,000 people on an average weekday and more than 65 million annually.

The Port Authority Trans-Hudson (PATH) system spans approximately 13.8 miles, connecting Manhattan with New Jersey’s urban communities. Since PABT bus operators and PATH cross state lines, when a train or bus accident occurs, the process of submitting a notice, filing a complaint, and pursuing a lawsuit may differ for your claim.

Additionally, the filing deadline is shorter than for personal injury cases or claims against the government. An experienced personal injury attorney can provide personalized legal guidance that enables you to make an informed decision.

Taxi and for-hire vehicles

Outside of NYC, taxicabs aren’t typically considered public transportation, but New York law considers them a “vital and integral part of the transportation system.” Taxis and for-hire vehicles (FHVs), such as the iconic Yellow Cab, are thus considered to be privately owned public transportation governed by the New York Taxi and Limousine Commission (TLC).

When an accident involving a taxi occurs, determining who is responsible and seeking compensation can be complex. There are differences in insurance requirements between various types of taxicabs.

All licensed taxi drivers, including individuals, must carry:

• No-fault insurance
• Third-party liability coverage on personal vehicles
• Liability coverage
• At least the minimum for injury or property damage
• No less than the maximum for bodily injury or death

Public taxi companies, also known as for-hire vehicle fleets, must possess the following coverage:

• The minimum liability per person per vehicle
• The minimum CSL per occurrence
• The minimum PIP (Personal Injury Protection)
• Personal injury insurance coverage for each vehicle
• The minimum coverage per occurrence for larger vehicles

E-Hail yellow and green taxicab providers must carry for each accident:

• Commercial General Liability Insurance
• Business Automobile Liability Insurance per occurrence
• Crime Insurance and Professional Liability Insurance per occurrence

Coverage for Medallion taxicabs, which are often driven by individual owner-operators or contractors, must include:

• The minimum liability coverage per person
• The minimum coverage per occurrence CSL
• The minimum Personal Injury Protection

According to one study, the majority of taxi drivers in the city are independent contractors while there are many unlicensed taxis as well. Why does that matter? Most hard-working independent drivers must carry their own commercial insurance and liability policies, which may provide less coverage than larger companies.

If your losses exceed an underinsured driver’s policy, you could have a long road to compensation and recovery ahead of you.

Unfortunately, many illegal cabs are also uninsured or only have the bare minimum insurance required of all NYC motorists. Since most personal insurance policies do not cover commercial use, injury victims harmed in an illegal cab accident may have difficulty getting monetary compensation.

If you are involved in a taxi collision, gather:

• The driver’s personal details
• Taxi medallion/cab number
• License plate number
• Insurance information
• Evidence from the scene

Multi-Party Public Transportation Accidents and Insurance Companies

Most public transit providers maintain commercial liability insurance or are self-insured. If multiple parties are involved, your claim might need to be coordinated among several insurers.

Negotiations with insurance companies and government entities can be challenging, and having experienced legal representation is helpful.

Our team can help you seek compensation for economic damages such as:

• Medical expenses: Costs for treatments, surgeries, medications, and rehabilitation
• Lost wages: Compensation for income lost due to the accident
• Property damage: Repair or replacement of damaged property

Understanding Your Legal Options

Along with the filing processes mentioned previously, you should seek an attorney’s guidance to develop a more thorough understanding of New York law. Be sure to take the following steps to build a strong personal injury claim or lawsuit.

Step 1: Seek medical attention immediately

Your health is paramount. Even if injuries seem minor, prompt medical treatment is essential – not only for recovery but also for creating a documented record of your injuries.

Step 2: Contact the police 

Call the police and ensure an official report is filed. A police report provides a neutral account of the accident and identifies the parties involved.

Step 3: Gather evidence

Collect as much evidence as possible, including:

• Photos and videos: Capture the accident scene, vehicle damage, and your injuries
• Witness information: Secure contact details and witness statements from anyone who saw the accident
• Medical records: Keep detailed records of emergency room visits, treatments, medical expenses, and medications
• Financial records: Track your lost wages and other financial losses so you can recover money; you may even be compensated for lost income-earning ability

Step 4: File your New York public transportation claim or lawsuit

With legal assistance from your attorney, you can file an injury claim against the responsible bus company, governmental entities, or another responsible party.

Your legal team can help with submitting evidence and working through negotiations with insurance companies or governmental entities. If necessary, your accident lawyer can take your case to court.

How Hill & Moin LLP Can Support Your Journey

At Hill & Moin LLP, we understand that public transportation accidents not only cause physical pain but also financial hardship, perhaps disrupting your life in ways you never imagined. However, you may find reassurance in the fact that New York’s legal system provides injured victims with multiple avenues to seek justice and recover compensation.

When our personal injury law firm takes on your case, we will support you every step of the way. Our goal is to make the legal process as understandable and stress-free as possible.

If you or a loved one has been injured while using public transportation in New York, do not face the aftermath alone. Contact the law firm of Hill & Moin LLP today to schedule a free consultation and learn your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

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Eldrick Pressley, a music enthusiast from Yonkers, New York, found his life taking an unexpected turn while working as a plumber. One day, he fell into a trench at work, sustaining injuries that left him in severe pain. After being rushed to the hospital, doctors determined he needed surgery to recover. Faced with mounting medical bills and the desire to pursue justice, Eldrick decided to take legal action. He reached out to the attorneys at Hill & Moin, LLP, where he was welcomed with open arms. The team carefully walked him through every step of the legal process, making sure he was fully informed and comfortable along the way.

Eldrick was impressed by the level of care and attention he received throughout his case, commenting that working with Hill & Moin felt “like being part of the family.” The attorneys and staff kept him updated at every stage, providing the support he needed during such a challenging time. Thanks to their expertise and dedication, Eldrick’s case was settled for an incredible $1.7 million! Grateful for the outcome, he’s now planning to go back to school to pursue a degree in computer engineering. Eldrick gave his experience with Hill & Moin, LLP a glowing 5-star review, saying that Hill & Moin defined excellence and commitment to his case.

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