Yes. If you were hurt on a Metro train, inside a station, or in a Metrobus collision, you can bring a personal injury claim against the Washington Metropolitan Area Transit Authority (WMATA), the government agency that runs the region’s transit system. WMATA is not shielded by total immunity. The law that created Metro lets injured riders, pedestrians, drivers, and other victims seek compensation when a transit employee causes harm while operating the system. Our Washington, D.C. personal injury attorneys at Simeone & Miller, LLP handle these claims across the District, Maryland, and Virginia, where each jurisdiction sets its own deadlines and rules.
Who Your Claim Is Really Against
A Metro or bus injury claim is not an ordinary car accident case, because the defendant is a government entity. The Washington Metropolitan Area Transit Authority, known as WMATA, operates Metrorail trains, Metrobus routes, and the stations in between. It was created by an interstate compact among the District of Columbia, Maryland, and Virginia, approved by Congress in 1966, with WMATA formally established in 1967. That compact is the document that defines when Metro can be sued and what legal protections it keeps.
Because WMATA answers to this special framework rather than ordinary state law alone, the way you build and file a claim against it differs from a routine collision between two private drivers. Identifying the correct entity, and understanding the rules that protect it, is the first step toward a claim that holds up. Getting that foundation right from the start protects everything you do later in the case.
Metro Has Limited Immunity, Not Total Immunity
As a government agency, WMATA carries a form of sovereign immunity, but that protection has limits. Under the transit compact, Metro can be held liable for wrongs committed while carrying out a proprietary function, which means the day-to-day business of running a transit system. It stays immune for harms tied to a core governmental function.
Courts apply a practical two-part test. First: Was the activity a core government action, which is protected, or something more routine? Second: For activity that is not a core government function, courts ask whether it involved a discretionary policy choice, which stays protected, or a ministerial operational act, which does not?
A bus operator who runs a red light, a train operator who stops too abruptly, or a driver who fails to yield is performing a routine operational task. That is the kind of negligent operation for which Metro can be held responsible. Claims that attack the agency’s broad policy and budget decisions are much harder to win, because those judgment calls stay shielded.
The Deadline That Actually Controls Your Claim
The most important deadline is the statute of limitations, the legal cutoff for filing a lawsuit. Which clock applies depends on where the crash happened.
In the District of Columbia, you generally have three years to file most personal injury lawsuits. Maryland also allows three years for most injury claims. Virginia is far shorter, giving injured people as little as two years to bring a personal injury case. Missing that deadline almost always ends a claim no matter how strong it is.
Because Metro is a government agency, a claim against it can also involve a separate notice-of-claim step that comes due well before the filing deadline. Depending on where the incident happened, that notice may be due in as little as six months, far sooner than the three-year deadline to file suit. Missing this early step can bar a claim even when the statute of limitations has not yet run, which is why acting quickly matters.
Waiting is risky. Acting quickly also helps your lawyer preserve station video and maintenance records, which can be overwritten within weeks.
Where a Claim Against Metro Is Filed
Lawsuits against WMATA follow special jurisdiction rules. Federal district courts can hear claims against Metro alongside the local courts of the District of Columbia, Maryland, and Virginia, and a case first filed in a local court can often be moved to federal court. In practice, that means a Metro injury case can end up in federal court even when the crash happened on a local street, depending on how and where it is filed. This is one reason these claims require experience in all three jurisdictions, where the procedures, judges, and filing deadlines are not the same.
A misstep on venue or filing can cost an injured person valuable time. Our team handles injury claims across the greater Washington, D.C. area, so we can position a Metro case in the right court from the very start and avoid the procedural traps that catch unrepresented victims.
What to Do After a Metro or Bus Accident
A few early steps can protect both your health and your claim. Steps to take include:
- Get medical attention right away, even if you feel only shaken, because some injuries surface days later.
- Report the incident to Metro or the bus operator and ask how the report is documented.
- If you are able, photograph the scene, the vehicle or train car, and anything that contributed to the crash, such as a wet floor, a broken handrail, or a malfunctioning door.
- Collect names and contact information for any witnesses, and keep your fare records, ride receipts, and medical bills.
- Be careful about giving a recorded statement or accepting a quick settlement offer before you understand what your claim is worth.
Talking with a lawyer early helps preserve surveillance video and maintenance evidence before it is overwritten, and it keeps you from signing away rights you did not know you had.
Talk With a D.C. Metro and Bus Accident Lawyer
A claim against Metro is challenging, but it is far from impossible with the right help. At Simeone & Miller, our Washington, D.C. injury attorneys know how WMATA defends these cases, how its immunity rules work, and how to meet the deadlines that protect your right to recover. We handle Metro and Metrobus injury claims across the District, Maryland, and Virginia on a contingency fee, so you pay no fee unless we win. Contact us today for a free consultation.
