The MTA is supposed to get you around the city safely. However, their drivers could be responsible for accidents involving cyclists, pedestrians, and other cars.
Even if you were injured as a rider and the accident was caused by another driver, you could still receive compensation from the MTA alongside what the other at-fault driver pays you. Our lawyers investigate fault and bring cases against the right parties and insurance policies to cover your injuries.
Contact The Carrion Law Firm’s MTA bus accident lawyers at (718) 841-0083 for a free case review.
Can You Sue for Injuries as an MTA Bus Passenger?
Auto accidents in New York are governed by no-fault rules. This means the driver’s insurance policy covers everyone in the vehicle for medical bills and a portion of lost wages/other expenses. They can only sue and can only get damages beyond that coverage if they have “serious injuries.”
That being said, if your injuries are serious enough and the MTA driver was at fault, you usually can sue them and the MTA for your injuries. Their no-fault insurance will cover first without you having to prove fault, but you can get coverage for additional damages from their liability insurance if you can prove their fault.
When you pursue damages this way, you can claim pain and suffering, but only against an at-fault driver.
Can I Sue Another Driver for an MTA Bus Accident?
Just because you were on an MTA bus does not mean the MTA driver caused the crash. Many bus accidents involve other drivers hitting buses, making them responsible.
In this case, you still have to follow no-fault rules. That means you will get some damages paid from the MTA’s insurance, but then you can sue the at-fault driver for additional damages. This allows you to claim pain and suffering and other damages from the individual liability policy for the driver who hit you.
There is a problem, though: the at-fault driver might have a state minimum insurance policy, and their policy might not have enough to cover everyone on the bus. Because of this, the MTA usually has increased insurance coverage to help riders first. This might cover most of all of your injuries before you even need to consider suing the other driver.
Additionally, the MTA might share some blame for the accident, making them liable for a portion of the damages. If bad bus maintenance or another issue contributed to the crash, you can sue both the MTA and the other driver.
Do You Sue the Bus Driver or the MTA?
MTA employees are everyday working people who likely cannot cover your injuries out of pocket even if they want to. However, the MTA is a giant company with insurance policies and additional funds to cover these kinds of accidents.
Generally, cases are better filed against the MTA than the driver. The driver might be part of the case as a witness, but you would not want them paying for damages without help.
Fortunately, a rule called “respondeat superior” allows you to sue the MTA in many cases. As long as an employee’s negligence occurred within the scope of their job duties – i.e., while driving a bus – you can sue the employer for the accident. This opens up additional funding and insurance coverage to pay for damages.
Is the MTA Protected from Lawsuits Under Government Immunity?
Unfortunately, the MTA is subject to special rules that protect government entities from lawsuits. While it is a separate entity from the actual government, special rules still require additional notice.
While this is not total immunity, it does limit your case somewhat by shortening your filing deadline and requiring you to give the MTA notice of your intent to sue.
Act quickly and contact our MTA bus accident lawyers right away, as you typically need to get notice filed within 90 days of the accident.
Can Pedestrians Sue for MTA Bus Accidents?
If you were on foot when an MTA bus hit you, you could have serious injuries and damages you need covered. Fortunately, New York’s no-fault insurance laws include pedestrians under the coverage for a no-fault policy.
That means that the MTA’s insurance should cover you as if you were a rider. You do not need to prove fault to get this initial coverage, but you cannot claim pain and suffering unless you have “serious injuries.”
Can Cyclists Sue for MTA Bus Accidents?
Similarly, people on bicycles also count as “pedestrians” for purposes of insurance. This means you can get compensation from the MTA’s no-fault bus insurance, too.
Still, to sue for additional damages and pain and suffering, you need “serious injuries.”
What Qualifies as “Serious Injuries” for a Bus Accident in New York City?
New York’s no-fault insurance laws limit lawsuits against drivers so they can only be filed when there are “serious injuries” involved. This also blocks pain and suffering damages unless you meet this “serious injury threshold.”
Under I.S.C. Law § 5102(d), “serious injuries” include any of the following:
- Death
- Lost fetus
- Permanent injuries
- Amputations
- Lost organs
- Lost function/use
- Broken bones
- “[S]ignificant disfigurement”
- Any injury limiting your daily activities for at least 90 of the next 180 days after a crash.
Because a broken bone is on this list, many injuries that you might casually describe as mild or moderate are indeed included as “serious.” This gives you the right to sue in more cases than you might expect.
Because death and loss of a fetus are on this list, you can also sue for the death of a loved one in any MTA bus accident case.
How is Fault Determined in an MTA Bus Accident?
Whether you sue the bus driver or another driver will come down to details about who was at fault. Courts and insurance companies generally need to see some kind of breach of a legal duty to find fault.
In most cases, a traffic violation such as the following constitutes a breach:
- Tailgating
- Speeding
- Running a stop sign or red light
- Failure to yield
- Failing to signal a turn or stop
- Driving on the sidewalk
- Drunk driving
- Distracted driving.
Alternatively, a violation can include something unreasonable to do from the perspective of a “reasonable driver of ordinary prudence.” This means patently unsafe things, such as the following:
- Failing to adjust speed to the circumstances
- Failing to check blind spots
- Improper lookout
- Tired driving.
Some of these might overlap with traffic violations, but the point here is that they are generally unsafe, whether there is a law on point or not.
When a law is on point, a violation of the law generally suffices; you do not need to show carelessness or recklessness. A violation of a law meant to keep people safe constitutes “negligence per se” on its own.
Can Multiple Drivers Be at Fault for an MTA Crash?
In many accidents, the crash will be caused by a combination of what each driver did. This means you do not have to pick whether to blame the MTA driver or the other driver; you can sue both of them.
Courts can assign partial blame to each driver, making each of them pay a share of the total damages equal to their percentage of fault. The jury will assign fault based on what each driver did, looking at the totality of the circumstances.
If you were a cyclist, pedestrian, or another driver, you could be blamed for a percentage of the fault, too. In this case, your total damages are reduced by your share of the fault. However, you can still get paid for the defendants’ shares of fault if they contributed to your injuries.
What if I Hit an MTA Bus?
Driving around the city can be stressful, potentially resulting in a literal accident with a bus. Just because it seems like you initiated the accident does not mean you were at fault, legally speaking.
If the MTA bus stopped short without signaling, turned suddenly, or did something else illegal to help contribute to the accident, you might still be able to claim damages. As mentioned above, the damages might be reduced by your percentage of fault but the MTA is still on the hook for their share of fault.
Your own no-fault insurance might also cover some of your damages, regardless of fault. That is the core promise of a “no-fault” insurance system. Your policy might also have other first-party coverages to help you.
Can I Sue for an MTA Bus Accident if I am From Out of State?
New York City is a huge tourist destination, and many accidents with MTA buses involve travelers from out of state. Whether you were a rider, a pedestrian, a cyclist, or a driver in another car, you can still sue the MTA for accidents their drivers cause.
As a rider, pedestrian, or cyclist, you usually still have to follow no-fault insurance rules. This means you cannot get pain and suffering or file a lawsuit until you prove you have “serious injuries.” However, out-of-state drivers with out-of-state insurance might not face these same restrictions.
In any case, our local New York City MTA bus accident lawyers can handle your case for you. A lawyer from your home state is likely not licensed to practice in New York. Our lawyers know the ins and outs of lawsuits in New York and against the MTA.
Your case also likely needs to be handled in New York City. Injury lawsuits are usually filed where they happened, meaning local attorneys like ours are your best option.
Can I Settle with Insurance for an MTA Bus Accident?
Insurance is tricky in MTA bus accident cases. If you were a passenger, then you only have one insurance policy to worry about: the MTA’s. If you were in another car, you might have your own no-fault insurance policy to worry about first.
You can accept money from your insurance policy without “settling” the case, but any money you accept from the MTA might function as a settlement. If you settle your case, you cannot go back to court or negotiate for additional damages.
It is important to review any settlement offers or payments from the MTA or their insurance before accepting them. Settlement values are often too low in the beginning, and we will need to negotiate to get your damages paid in full.
Do I Have to Pay for a Personal Injury Lawyer in an MTA Accident?
In New York City, victims need to bring their own lawyers to file a lawsuit. However, our lawyers typically take cases on a contingency fee basis, allowing us to open our services to people who might otherwise not be able to afford a lawyer.
With this structure, we get paid from the winnings in your case. That means you pay nothing up front, and we only get paid if you do.
We already have laws and ethical requirements to put your best interests first and to fight for you, but tying our fee to your success doubly ensures we work for you. Unlike insurance workers, we have no split loyalties between you and the company, and we must focus on winning your case.
Do I Need a Lawyer for My MTA Bus Accident Case?
You should never go up against anyone in a lawsuit without a lawyer on your side, let alone one of the largest public transit companies in the world. The MTA has lawyers – as do their insurance teams – and they will do everything they can to stop your case and avoid payouts.
Generally, the funds the MTA pays out are from taxpayer funds, meaning the government also has an incentive to protect the MTA from liability. With all of this pressure against you, you need a lawyer on your side.
Moreover, having a lawyer on your side means we can help in these important ways:
- Collecting evidence (e.g., bus security footage, medical records, driver logs)
- Analyzing and compiling evidence
- Calculating damages
- Negotiating a settlement
- Fighting your case at trial.
We do all of this while you focus on your recovery.
Call Our MTA Bus Accident Attorneys in New York City Today
For help with your injury case, contact The Carrion Law Firm’s MTA bus accident attorneys at (718) 841-0083 right away.