You or a loved one stepped onto your local MTA bus in New York expecting a routine trip across the city, but a sudden collision has meant serious injuries and serious bills.
The Wohlgemuth Law Firm PLLC has years of experience representing injured people who are filing claims against government transportation entities like the MTA. This guide explains how a bus accident lawyer in New York approaches these cases.
Understanding MTA Bus Accident Claims in New York
The Metropolitan Transportation Authority operates as a public benefit corporation, so you must file a notice of claim within 90 days. That is a significantly narrower window than the standard three-year statute of limitations for personal injury cases in New York. A bus accident lawyer who has handled the system before can ensure you do not miss the deadline.
The MTA operates thousands of buses across New York City’s five boroughs and, according to the MTA’s 2023 performance data, serves approximately 1.8 million riders on an average weekday. With this volume of passengers and the complexity of city traffic, accidents inevitably occur.
Common reasons people pursue legal claims after an MTA bus accident include:
- Driver negligence
- Speeding
- Running red lights
- Making unsafe lane changes
- Ignoring blind spots
- Hazardous road conditions
- Mechanical failures
Brake failures and tire blowouts also cause various injuries to passengers and pedestrians.
What Steps Would a Bus Accident Attorney in NYC Suggest After an Injury?
Have you been in a bus accident? If you would like to protect your legal rights, consider taking a few steps after an MTA bus injury.
Start with seeking medical attention, even if your injuries seem negligible. Next, you will want to:
- Document everything you can about the accident scene and your injuries.
- Photograph the accident location, your visible injuries, and property damage.
- Collect contact information from witnesses who saw the accident occur.
- Report the accident to the bus company and request an official accident report that documents the incident, date, time, location, bus number, and driver information.
Remember to request a copy of this report for your records.
How To File an MTA Injury Claim
Making a claim represents the first formal step after MTA bus accident injuries. Your New York bus accident lawyer can confirm how to submit this notice to the MTA within 90 days of the accident date. The notice requires you to describe the damages, including items like lost wages and emotional distress.
You must serve this notice on the MTA’s Office of the General Counsel and keep proof that you met the filing deadline. The MTA then has 30 days to schedule a “50-H hearing.” Your NYC bus accident attorney will prepare you for this hearing and attend the hearing with you, as your statements under oath will become part of your claim and the court’s official record.
Remember That Public Transit Accident Filing in New York Requires Strict Deadlines
New York’s statute of limitations gives three years for personal injury cases, but you face a much shorter timeline for government entities, including the MTA.
You have only 90 days from your accident date to initiate the formal claims process to the MTA, and the courts rarely grant extensions. The strict filing requirements exist partly to allow the MTA to investigate claims while evidence remains fresh and witnesses’ memories remain clear.
Work With an MTA Bus Accident Lawyer To Ease Your Claims Process
According to MTA 2022 claims data, the authority introduced 115 new buses that year. It is easy to understand how the frequency of accidents can go up with even more buses now servicing New York’s roads. A New York bus accident lawyer can guide you through the complex procedural requirements that these authorities require if you are involved in a collision.
Your attorney can check filing deadlines and ensure your claim is filed timely, gather evidence, and review the MTA’s accident reports. They can also interview witnesses, demonstrate your injury’s prognosis, and prepare for the MTA hearing and negotiations.
If the MTA denies your claim or offers inadequate compensation, your lawyer may suggest that you file a lawsuit in court. Based on the MTA’s financial reports, the authority maintains insurance and reserve funds that can cover many legitimate injury claims.
Common Challenges in New York Bus Accident Cases
Bus accident claims present unique challenges compared to standard personal injury cases. New York’s comparative negligence rule may mean you can recover damages even if you share some fault, though your compensation will be reduced accordingly.
The MTA’s legal team may dispute the severity of your injuries or the extent of your claim, so proper documentation is vital. Your New York bus accident lawyer will recommend that you follow your doctor’s treatment recommendations and attend all scheduled appointments to avoid giving the MTA grounds to challenge your claim.
Your MTA bus accident lawyer can also determine the potential economic and non-economic damages. Economic damages cover measurable financial losses, whereas non-economic damages address aspects like a reduced quality of life.
The Wohlgemuth Law Firm PLLC’s Bus Accident Lawyer in New York Can Represent Your MTA Claim
If you have suffered injuries in a bus accident, contact the Wohlgemuth Law Firm PLLC’s New York bus accident lawyer at (718) 474-9100. Understanding the specific requirements for MTA bus accident claims and how the courts determine fault in New York auto accidents can help you protect your legal rights.
Frequently Asked Questions
People who suffer injuries in bus accidents often ask the following questions about the claims process.
How Long Do I Have To File a Claim After a Bus Accident?
A notice of claim with the MTA and/or NYCTA must be filed within 90 days of your accident and a lawsuit must be filed within 1 year and 90 days from the date of your accident if you have not resolved your claim.
What Information Must I Include in My MTA Notice of Claim?
Your notice of claim to the MTA must include:
- The accident’s date, time, and location
- How the collision occurred
- Details about your injuries
Your New York bus accident lawyer may recommend including information about the damages you suffered.
When Should I Contact an Accident Lawyer?
You should contact a lawyer as soon as possible. Filing your notice of claim on time protects your legal rights.
