Bus accidents in New York City involve a legal framework that is different from ordinary car accidents in several important ways. The bus may be operated by the MTA, a private carrier, a charter company, or a school district. The passengers have no control over the vehicle and no ability to avoid the collision. And if the bus is operated by a government entity, the filing deadlines are dramatically shorter than in a standard personal injury case.
Understanding who operated the bus, what duty they owed, and what deadlines apply is essential for anyone injured in a bus accident in New York.
The common carrier standard
Buses are common carriers. Under New York law, a common carrier owes its passengers the highest degree of care — a standard that exceeds the ordinary negligence standard that applies to private drivers. The bus operator must exercise the care that a reasonably prudent person would exercise under the circumstances, with the understanding that the passengers have entrusted their safety entirely to the carrier.
This heightened standard applies to the operation of the bus (speed, braking, turning, lane changes), the maintenance of the vehicle (brakes, tires, steering, doors), and the actions of the driver (attentiveness, distraction, fatigue). When the carrier breaches this duty and a passenger is injured, the carrier is liable for the full damages.
MTA and government-operated buses
If the bus is operated by the Metropolitan Transportation Authority, the New York City Transit Authority, or another government entity, the claim is subject to special rules. A notice of claim must be filed within 90 days of the accident. This is not a suggestion. It is a jurisdictional requirement. If the notice of claim is not filed within 90 days, the right to sue is lost — regardless of how serious the injuries are.
The lawsuit itself must be commenced within one year and 90 days of the accident. This is substantially shorter than the three-year statute of limitations for ordinary personal injury claims. The compressed timeline exists because the defendant is a government entity, and the law provides special procedural protections for public authorities.
The notice of claim must include specific information: the nature of the claim, the time, place, and manner of the incident, and the injuries sustained. Filing it incorrectly or incompletely can be as damaging as not filing it at all. If you are injured on an MTA bus, consult with an attorney immediately. The 90-day window is unforgiving.
Private bus companies and charter operators
If the bus is operated by a private company — a charter bus, a tour bus, a commuter shuttle, or a private transit service — the standard three-year statute of limitations applies. The claim is brought against the private company and potentially against the driver individually. The common carrier duty of highest care still applies, and the company is vicariously liable for the driver’s negligence under the doctrine of respondeat superior.
Private bus companies are required to carry substantial insurance. Federal regulations require interstate carriers to maintain at least $5 million in liability coverage. Intrastate carriers in New York must carry coverage that meets state minimums. The available insurance is typically much higher than in an ordinary car accident case, which means the recovery potential for serious injuries is also higher.
Passengers, pedestrians, and other drivers
Bus accident claims are not limited to passengers. A pedestrian struck by a bus has a claim against the bus operator. A driver whose car is hit by a bus has a claim. A cyclist injured by a bus has a claim. Each of these claims involves different factual circumstances but the same legal framework: the bus operator owed a duty, breached it, and the breach caused the injury.
For passengers, the common carrier standard applies. For pedestrians and other drivers, the ordinary negligence standard applies, but the size and weight of a bus means the injuries from a collision are often severe. A bus striking a pedestrian at even moderate speed can cause catastrophic injuries. The damages in these cases reflect the severity.
No-fault and bus accidents
Bus passengers are covered by the bus’s no-fault insurance for medical expenses and lost wages up to the PIP limits. If the passenger has their own auto insurance, their own PIP may provide additional coverage. The serious injury threshold under Section 5102(d) applies to bus accident claims the same way it applies to car accident claims — to recover pain and suffering, the passenger must demonstrate a serious injury as defined by the statute.
What to do after a bus accident
Seek medical attention. Report the accident to the bus operator and obtain the accident report number. Photograph the scene if possible. Get the names and contact information of other passengers who witnessed the accident. Note the bus number, route number, and the time and location of the incident.
If the bus was operated by the MTA or another government entity, consult with an attorney within days, not weeks. The 90-day notice of claim deadline leaves no room for delay.
How Schwartzapfel Holbrook handles bus accident cases
At Schwartzapfel Holbrook, we handle bus accident cases against the MTA, private carriers, and charter operators across New York City and Long Island. Our evaluation of every bus accident includes determining the operator, identifying the applicable filing deadlines, filing the notice of claim when required, and pursuing the full damages available under the common carrier standard.
The 90-day notice of claim deadline for MTA cases is the most critical timeline in bus accident law. Missing it is not an error that can be corrected. Contact us as soon as possible after a bus accident.
Schwartzapfel Holbrook / Fighting For You