Car Accidents Involving MTA Bus: Who is Liable?

Navigating through the bustling New York streets, MTA buses are ubiquitous, providing essential transportation services to millions daily. Despite their utility, MTA bus accidents can occur and navigating the complexities of liability may require legal expertise.

Determining Liability

The question of liability in an MTA bus accident can potentially implicate various parties. A primary suspect could be the bus driver, whose negligence might manifest in the form of intoxication, fatigue, distraction, or operation of an overloaded vehicle.

However, liability doesn’t stop at the individual behind the wheel. The Metropolitan Transit Authority (MTA) itself may be culpable if it can be proven that there were lapses in their hiring processes, ineffective enforcement of safe driving habits, or insufficient maintenance of equipment.

The situation becomes more complicated when the actions of pedestrians and other drivers are involved. An unsuspecting pedestrian suddenly entering the roadway or another vehicle unpredictably swerving into the bus’s path can confound the determination of liability.

Moreover, providers of maintenance or parts for the buses could be held responsible if defective parts or substandard servicing led to the accident. Finally, in situations where the accident was significantly contributed by poorly maintained roadways, the city itself might face a claim. Such is the intricate and multi-faceted nature of liability in MTA bus accidents.

The correct public transit defendant depends on which entity operated the bus involved. New York City buses may be operated by the New York City Transit Authority, the Manhattan and Bronx Surface Transit Operating Authority, or the MTA Bus Company, so identifying the specific operator is an important early step in the claim. 

What Makes an MTA Bus Claim Different?

A collision involving an MTA bus is not handled exactly like an ordinary claim against a private driver. The bus may be operated by the New York City Transit Authority or another public transportation entity, and the proper defendant must be identified before formal papers are served. The route, bus number, time, location, and operator information can help determine which entity controlled the vehicle.

Claims against the New York City Transit Authority generally require a notice of claim within 90 days of the incident. A personal injury lawsuit is generally subject to a one-year-and-90-day filing period, and at least 30 days must pass after the claim is presented before an action is commenced. These deadlines are much shorter than the general period that applies to many private-party injury claims. The MTA’s current personal injury claim form also asks for details such as the bus line, direction of travel, the passenger’s location inside the bus, photographs, video, witness information, and medical records.

Evidence That May Establish Fault

MTA bus crashes involve sudden stops, unsafe lane changes, pedestrian collisions, or impacts with other vehicles. Evidence may include onboard video, exterior cameras, event data, maintenance records, police reports, and witness statements. Video is important when abrupt movement injures a passenger without a collision.

Passengers should seek medical care, photograph injuries, record the bus number and route, and collect witness information. Early preservation requests may prevent recordings and records from being lost.

How No-Fault Benefits May Apply

New York no-fault insurance may cover qualifying medical expenses and a portion of lost earnings regardless of who caused the crash. A passenger injured on a bus generally seeks no-fault benefits first through their own automobile policy or a policy held by a household family member. When neither source exists, the bus insurer may provide the applicable benefits.

Written notice of a no-fault claim generally must be submitted within 30 calendar days unless the injured person can provide a clear and reasonable justification for a late filing. Medical bills and lost-wage documentation are also subject to separate submission periods. These insurance requirements do not replace the 90-day notice of claim required for a case against the transit authority.

Compensation in an MTA Bus Accident Claim

A civil claim may seek compensation for losses not fully paid through no-fault benefits, including unreimbursed medical expenses, lost income, diminished earning capacity, rehabilitation costs, and other documented expenses. Recovery for pain and suffering generally requires an injury that satisfies New York’s serious-injury threshold.

The value of a claim depends on the medical evidence, length of treatment, lasting limitations, fault allocation, and available insurance coverage. When several parties may share responsibility, the evidence must show how each person or entity contributed to the collision.

Seek Legal Help Immediately After the Accident

Understanding the various potential liabilities in an MTA bus crash is crucial for victims seeking compensation for personal injuries in New York City and beyond. However, understanding these issues is only the first step. Applying New York law to determine liability can be complex, and this is where the experienced attorneys at Levitsky Law Firm can provide invaluable guidance and representation.

Contact us today. Our seasoned injury attorney in New York City team excels in dissecting complex MTA bus accident scenarios, helping victims seek the compensation they deserve.