New York Bus Accident Lawyer

When you are injured in a bus accident in New York, the impact on your life can be significant. Whether you were a passenger, a pedestrian, a cyclist, or a driver of another vehicle, the injuries you suffer may result in mounting medical bills, lost wages, and emotional stress. Bus accident claims often involve different rules than typical car accidents, especially when public entities like the Metropolitan Transportation Authority (MTA), NICE Bus, or Bee-Line Bus are involved. These cases require close attention to procedural rules and an understanding of how New York law treats public and private transportation companies.

If you or a loved one has been injured in a bus accident, it is important to act quickly. Deadlines are shorter, and special procedures must be followed to preserve your right to seek compensation. Contact an experienced New York bus accident lawyer to help guide you through the process.

What Are the Common Causes of Bus Accidents?

Bus accidents can happen for many reasons, often involving a combination of driver mistakes, mechanical problems, and hazardous road conditions. A careful investigation usually reveals one or more of the following factors:

• Distracted Driving: Phone use, eating, or engaging with passengers can distract drivers.
• Driver Fatigue: Violations of hours-of-service rules can result in tired drivers operating buses unsafely.
• Speeding: Driving too fast for road conditions can make stopping or maneuvering difficult.
• Improper Lane Changes: Failure to signal, check blind spots, or merge safely can cause accidents.
• Failure to Yield: Bus drivers may fail to yield to pedestrians, cyclists, or other vehicles.
• Driving Under the Influence: Alcohol or drug impairment increases the risk of serious collisions.
• Poor Bus Maintenance: Mechanical failures due to neglected maintenance can cause loss of control.
• Defective Bus Parts: Manufacturing defects may result in tire blowouts, brake failures, or steering problems.
• Road Hazards: Potholes, missing signage, or poorly marked construction zones can contribute to crashes.
• Negligent Hiring or Supervision: Bus companies must carefully hire and monitor their drivers.

Driver inattentiveness and failure to maintain a safe following distance are leading causes of rear-end bus collisions, as illustrated in Melendez v. New York City Transit Authority, 2025 NY Slip Op 31021(U) [Sup Ct, NY County 2025]. In that case, a stopped box truck was rear-ended by an MTA bus, and the court granted partial summary judgment in favor of the injured plaintiff. The court emphasized that bus operators are expected to remain alert and maintain proper control of their vehicles to avoid foreseeable collisions.

What Are Common Injuries in Bus Accidents?

Bus accidents often result in serious injuries due to the size and weight of the vehicle, the lack of safety restraints for passengers, and the violent forces involved in collisions. Many of these injuries require extensive care and can have a lasting impact on a victim's daily life.

• Traumatic Brain Injuries (TBIs): Concussions and brain trauma can cause lasting cognitive and emotional issues.
• Spinal Cord Injuries: Damage to the spine can result in paralysis or chronic pain.
• Fractures: Broken bones are common in collisions involving large vehicles.
• Lacerations and Contusions: Cuts and bruises may require stitches, surgery, or leave permanent scars.
• Internal Injuries: Damage to organs or internal bleeding may not be immediately apparent.
• Crush Injuries: Victims can be trapped and crushed in wreckage.
• Burns: Fires or explosions after a crash can cause severe burns.
• Psychological Trauma: Many victims suffer PTSD, depression, or anxiety after bus accidents.

What Laws and Regulations Apply to New York Bus Accidents?

Bus accidents in New York are governed by a combination of state and federal laws, including specific rules for public and private transportation operators.

• New York Vehicle and Traffic Law: Bus drivers are subject to the rules of the road and a higher duty of care as "common carriers," meaning they must act with reasonable care for passenger safety.
• New York General Municipal Law §§ 50-e and 50-i: These statutes require that if you are making a claim against a public entity, you must file a Notice of Claim within 90 days and start your lawsuit within one year and 90 days.
• Federal Motor Carrier Safety Regulations (FMCSR): Private bus companies engaged in interstate transportation must follow FMCSR rules, including driver qualifications, maintenance requirements, and limits on hours of service.
• New York Labor Law: If a bus driver is injured while working, different rules apply, including workers' compensation benefits and possible claims for negligence under Labor Law §§ 200, 240, and 241.
• New York Civil Practice Law and Rules (CPLR): These rules govern how lawsuits are filed and litigated in New York courts, including discovery procedures and deadlines.

Who Can Be Held Responsible for a Bus Accident?

Determining who is legally responsible requires a careful investigation. Liability is not always obvious and may involve multiple individuals, companies, or government agencies. A thorough review of accident reports, maintenance records, and driver histories is often necessary to identify every party that contributed to the crash. Possible responsible parties include:

• Bus Driver: A driver who is distracted, fatigued, impaired, speeding, or failing to obey traffic laws may be directly liable.
• Bus Company (Public or Private): Companies can be responsible for negligent hiring, training, supervision, and maintenance practices.
• Maintenance Providers: If a maintenance company failed to perform repairs or inspections properly, they could be liable.
• Third-Party Drivers: A crash may result from the negligence of another driver on the road.
• Manufacturers of Bus Parts: If defective brakes, tires, or steering components contributed to the accident, product liability claims may arise.
• Government Agencies: Poorly maintained roads or defective traffic signals may give rise to claims against the government entity responsible for the road.

Under New York law, employers are often vicariously liable for their employees’ actions under the doctrine of respondeat superior if the employee was acting within the scope of employment.

What Steps Should I Take After a Bus Accident?

Taking the right actions after a bus accident can protect your health and strengthen your legal claim. What you do in the minutes, hours, and days following a crash can make a difference in your ability to recover fair compensation. Preserving evidence from the beginning is particularly important, as it can be critical to establishing fault later in the case. Following these important steps can help protect your rights and build a strong claim:

• Call 911: Report the accident immediately and request medical assistance.
• Seek Medical Care: Even if you feel fine, some injuries have delayed symptoms.
• Document the Scene: Take photos and videos of the vehicles, the road, and your injuries if you can.
• Collect Witness Information: Get contact details from anyone who saw the accident.
• Report the Incident: If you were a passenger, inform the bus company or transportation authority.
• Avoid Giving Recorded Statements: Do not discuss the accident with insurance adjusters until speaking with an attorney.
• Consult a Lawyer: An experienced New York bus accident lawyer can help protect your rights and meet filing deadlines.

Prompt evidence preservation can make a significant difference, as demonstrated in Smith-Percival v. MTA Bus Co., 2024 NY Slip Op 01352 [2d Dept 2024]. In that case, the plaintiff successfully sought discovery of GPS data, route information, and maintenance records from the MTA, which helped establish facts critical to the liability determination. The court emphasized the importance of obtaining and using detailed evidence early in the case to support the injured party’s claims.

What Compensation Can I Recover from a Bus Accident Injury?

Victims of bus accidents may be entitled to recover a wide range of damages depending on the severity of their injuries and the circumstances of the accident. Compensation is meant to help cover the financial, physical, and emotional losses that result from being injured. It is important to work with an experienced New York bus accident lawyer to fully understand the value of your claim and the categories of damages you may pursue:

• Medical Expenses: Including hospital bills, surgery, therapy, medications, and future care.
• Lost Wages: If you miss work during your recovery, you can claim lost income.
• Reduced Earning Capacity: If you are permanently unable to return to your previous job.
• Pain and Suffering: For physical pain and emotional distress.
• Disfigurement or Disability: If your injuries cause permanent changes to your body or lifestyle.
• Emotional Distress: PTSD, depression, and anxiety can be compensable.
• Loss of Enjoyment of Life: If you can no longer participate in hobbies or activities you once enjoyed.
• Wrongful Death Damages: If a loved one was killed, surviving family members may recover funeral costs, lost support, and loss of companionship.

How Long Do You Have to File a Lawsuit?

Understanding the deadlines for filing a lawsuit after a bus accident is very important. New York law sets different time limits depending on whether a private bus company or a public transit authority was involved. Taking prompt action can help protect your right to recover compensation and avoid losing your claim:

• Private Bus Companies: You generally have three years from the date of the accident to file a personal injury lawsuit under CPLR § 214.
• Public Bus Operators: For claims against entities like the MTA, you must file a Notice of Claim within 90 days and file the lawsuit within one year and 90 days under General Municipal Law §§ 50-e and 50-i.

Missing these deadlines usually results in losing your right to seek compensation. If the proper procedures are not strictly followed, courts may dismiss your claim even if the underlying facts support liability. In Garland v. City of New York, 2025 NY Slip Op 00844 [2d Dept 2025]), the plaintiff’s case was dismissed because her Notice of Claim incorrectly stated the accident date, and she failed to prove that the error did not prejudice the defendants' ability to investigate. Under New York General Municipal Law § 50-e, a Notice of Claim must accurately state the time, place, and manner of the incident to allow a prompt investigation. The court emphasized that even a good-faith mistake in the notice may result in dismissal if it causes prejudice to the municipal defendant.

Frequently Asked Questions (FAQs)

Q: Can I still recover compensation if I was partly at fault?

A: Yes. New York follows a pure comparative negligence rule. Your compensation will be reduced by your percentage of fault.

Q: What if another driver caused the accident?

A: You may pursue a claim against the third-party driver and their insurance company, in addition to or instead of the bus operator.

Q: Do I need to go to court to recover compensation?

A: Many bus accident cases settle out of court. However, if a fair settlement cannot be reached, your case may proceed to trial. It is important to work with an experienced bus accident attorney serving New York who can guide you through the settlement negotiations and represent you effectively in court if necessary.

Q: Can I sue the City of New York for an MTA bus accident?

A: Yes. The MTA is a public authority, and claims must comply with the Notice of Claim and lawsuit deadlines under General Municipal Law.

Q: How long does a bus accident case take?

A: It depends. Cases involving public entities often take longer due to required hearings and procedural steps. Settlement negotiations, discovery, and trial preparation can take months or years.

Q: What if the accident involved bad weather?

A: Bad weather does not excuse negligence. Drivers are expected to adjust their behavior for conditions like rain, snow, or fog. If you were injured in a weather-related crash, a New York bus accident lawyer can help determine if you have a valid claim.

Contact Stephen Bilkis & Associates

Bus accident claims involve strict filing deadlines, detailed investigations, and careful negotiation with insurance companies or government agencies. Having knowledgeable legal representation from the beginning helps protect your rights and strengthens your case. Our experienced bus accident attorneys in New York are prepared to handle the challenges that come with serious injury claims involving public and private bus operators. We are committed to pursuing maximum compensation for every client we represent.

If you or a loved one has been injured in a bus accident, contact Stephen Bilkis & Associates today at 800.696.9529 to schedule a free consultation. We are available to help victims throughout New York City, Long Island, Westchester County, and surrounding areas, including the Bronx, Brooklyn, Manhattan, Queens, Staten Island, Nassau County, and Suffolk County.

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