Injured by a City Vehicle in New York? You Have 90 Days to Act.
If a city bus, sanitation truck, NYPD patrol car, or any other government vehicle caused your injuries, a strict legal deadline is already running. Claims against New York City and the MTA require a Notice of Claim filed within 90 days of the accident — miss that window and you may lose your right to recover anything at all.
Why City Vehicle Accident Cases Are Different — and Why That Matters
Suing a private driver and suing a government agency are two entirely different legal processes. When a city vehicle is involved, you are not filing a standard personal injury lawsuit. You are entering a procedural framework with its own rules, deadlines, and governmental defendants — each of which must be identified and served correctly from the start.
New York City alone operates through dozens of agencies, and each has its own legal structure. The entity responsible for your accident determines where your Notice of Claim must be filed, how discovery proceeds, and which municipal attorneys you will face across the table. Getting this wrong at the outset can end a valid claim before it begins.
Which Government Entity Is Responsible for Your Accident?
This is the first question we answer during your free case evaluation — and it is not always obvious. The correct defendant determines everything that follows.
Common government defendants in New York City vehicle accident cases include:
- New York City Transit Authority (NYCTA): Operates the MTA bus network and subway system. Bus accident claims are filed against NYCTA, not the City of New York directly.
- Metropolitan Transportation Authority (MTA): The parent agency overseeing transit operations across the region. Some claims require naming both the MTA and NYCTA.
- City of New York: The correct defendant when an NYPD patrol vehicle, Department of Buildings vehicle, or other municipal fleet vehicle is involved.
- New York City Department of Sanitation (DSNY): Sanitation trucks operate on fixed routes throughout the Bronx and other boroughs. Claims involving DSNY vehicles are filed against the City of New York.
- Contractors and third parties: Not every vehicle that looks like a city vehicle is operated by a city employee. If a contractor caused your injuries, liability may shift entirely — and a different legal framework applies.
We identify the correct defendant, file against the right entity, and make sure no procedural misstep gives the city a reason to walk away.
The 90-Day Notice of Claim — What It Is and Why It Cannot Wait
A Notice of Claim is a formal written notice that you intend to pursue a legal claim against a government entity. Under New York General Municipal Law § 50-e, this document must be filed within 90 days of the date of your accident. It is a prerequisite to any lawsuit against New York City, the MTA, or any other municipal agency — and it must be filed before you can proceed.
Missing this deadline does not automatically end your case, but it creates a serious legal obstacle that requires court intervention to overcome. The sooner you contact an attorney, the more options you have.
If You Think You Already Missed the Deadline — Call Before You Give Up
Many people wait too long to call a lawyer because they assume the 90-day window has already closed. Sometimes it has. But not every late filing is fatal — and the outcome depends heavily on who is making the argument to the court.
The McHugh v. City of New York Appellate Victory
In McHugh v. City of New York (2002), I argued before the Appellate Division after the lower court denied my client's application to file a late Notice of Claim. The Appellate Division reversed that denial. The case moved forward. That result required a thorough understanding of the legal standards courts apply when evaluating late filings — and the ability to make that argument persuasively on appeal.
What Courts Consider When Evaluating a Late Filing
New York courts have discretion to grant permission to file a late Notice of Claim when certain factors are present. The analysis is fact-specific and the outcome is not guaranteed — but it is worth the call. Courts typically weigh:
- Whether the government entity had actual knowledge of the facts underlying the claim within the 90-day period
- Whether the delay was reasonable given the circumstances, including the claimant's physical condition or disability
- Whether the city would suffer substantial prejudice if the late filing were allowed
If there is an argument to be made, I will make it. If there is not, I will tell you that directly.
Don't Assume Your Case Is Over
People call me weeks or months after an accident convinced they have no options. Sometimes they are right. But more often, there is a path forward that a general search or a non-specialist attorney would have missed. The only way to know is to have the conversation.
Don't Assume Your Case Is Over
People call me weeks or months after an accident convinced they have no options. Sometimes they are right. But more often, there is a path forward that a general search or a non-specialist attorney would have missed. The only way to know is to have the conversation.
Results Against New York City and the MTA
$1,500,000 Settlement — MTA Bus Pedestrian Crosswalk Case
People call me weeks or months after an accident convinced they have no options. Sometimes they are right. But more often, there is a path forward that a general search or a non-specialist attorney would have missed. The only way to know is to have the conversation.
$800,800 Jury Verdict — NYC Transit Authority (Top 10 Verdict, 2010)
In Toribio v. NYC Transit Authority, a jury returned an $800,800 verdict — recognized as one of the Top 10 Verdicts in New York for 2010. This was a fully litigated trial against the Transit Authority, not a pre-trial settlement. Taking a city transit case to verdict requires preparation, courtroom experience, and a willingness to fight when the agency refuses to offer fair compensation.
30+ Years Litigating Against Government Defendants
Since 1995, I have handled cases against New York City, the MTA, NYCTA, and the Department of Sanitation across dozens of matters. I have argued before the Appellate Division in cases involving government defendants and understand how municipal defense teams approach these claims — and how to counter them.
Super Lawyers Recognition, 2009–2026
I have been recognized by New York Metro Area Super Lawyers every year from 2009 through 2026, with two brief gaps — one of the longest consecutive streaks of any Bronx-area personal injury attorney. In 2024, I was named a Top 50 Lawyer in America. These recognitions reflect the sustained quality of results across complex civil litigation, including cases against government entities.
Featured in Major Media for Legal Work Against the City
My cases and legal analysis have been covered by The New York Times, the New York Post, the Daily News, and 1010 WINS Radio. When reporters need perspective on personal injury litigation in New York City, they call attorneys who have actually litigated these cases at the highest levels.
Common City Vehicle Accident Locations in the Bronx
The Bronx has some of the highest concentrations of city vehicle traffic in New York. Bus corridors, sanitation routes, and NYPD patrol zones overlap throughout the borough — and accidents happen at predictable locations.
Frequent city vehicle accident areas in the Bronx include the MTA Bx1 and Bx2 bus corridors along Third Avenue and the Grand Concourse, the Bx12 Select Bus Service route along Fordham Road, Jerome Avenue and Third Avenue sanitation truck routes, and NYPD patrol areas near the 40th, 42nd, and 43rd precincts. If your accident happened anywhere in the Bronx or surrounding boroughs, including Brooklyn, Manhattan, or Queens, we handle cases across all five boroughs and Westchester County.
The City Has Lawyers Working Against You — You Need One Working for You
Government agencies do not settle these claims out of generosity. They have dedicated legal teams whose job is to minimize what they pay — or pay nothing at all. The only way to level that playing field is to have an attorney who knows the procedural rules, has litigated against these defendants before, and is willing to take the case to trial if that is what it takes.
I have been doing this for more than 30 years. I personally handle every aspect of my clients' cases, and I am available around the clock when something needs attention. If a city vehicle injured you, call before the deadline runs out.
Frequently Asked Questions About City Vehicle Accidents in New York
What is a Notice of Claim and do I really have to file one within 90 days?
Yes. A Notice of Claim is a formal document notifying a government entity that you intend to pursue a personal injury claim against them. Under New York law, it must be filed within 90 days of your accident for claims against New York City, the MTA, or any other municipal agency. Without it, you cannot file a lawsuit. If you are approaching that deadline or believe you may have already missed it, contact us immediately — time is the one thing you cannot recover.What if I'm not sure whether the driver worked for the city or a private contractor?
This is one of the first things we determine during your free case evaluation. The distinction matters because government employees and private contractors are governed by entirely different legal frameworks. A contractor's negligence may create liability against the contractor, the company they work for, or both — without triggering the Notice of Claim requirement. We identify the correct defendant before any filing is made.Can I still file a claim if I was hit by an MTA bus while crossing the street?
Yes. Pedestrian crosswalk cases involving MTA buses are among the most serious city vehicle accident claims we handle. The $1,500,000 settlement in Lall v. Cloonen involved exactly this scenario. If an MTA bus driver failed to yield, ran a red light, or struck you in a crosswalk, you may have a significant claim — but the 90-day Notice of Claim deadline applies, so do not wait.How long does a lawsuit against New York City or the MTA typically take?
City and MTA cases generally take longer than standard personal injury claims because of mandatory procedural steps, including a 50-h hearing (a sworn examination by the city's attorneys) before a lawsuit can be filed. The full process from accident to resolution can take two to four years depending on the complexity of the case and whether it goes to trial. We keep clients informed at every stage and push the case forward as aggressively as the process allows.Do I pay anything upfront to hire Gottfried Law Group for a city vehicle accident case?
No. We handle city vehicle accident cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you. There are no upfront fees, no hourly charges, and no out-of-pocket costs to get started. Your first consultation is free.
