The Metropolitan Transport Authority (MTA) provides reliable bus services for commuters all around New York City. But just like any other transportation line, MTA buses are not a hundred percent safe from accidents.
Buses can cause severe injuries and death due to their sheer size and weight. Motorists are not the only ones at risk—passengers, cyclists and pedestrians are vulnerable as well.
If you were injured by an MTA bus, you might be wondering if and how you can pursue damages. Here is some important information that can help you move forward.
Will the MTA be liable for your injuries?
There is no definite answer to this because it depends on the circumstances of the accident. Like standard personal injury claims, you must prove that the MTA or one of its workers was negligent. Furthermore, their negligence must be the primary reason for your injuries.
Common examples of negligence include but are not limited to:
- Driver error (drowsy driving, distracted driving, speeding, etc.)
- Poor bus maintenance
- Faulty equipment (signal failure, broken steps, jammed doors, etc.)
Note that the MTA may not be the sole liable party in your case. For example, if a car cuts the bus driver off and causes them to crash into a post, the car driver may also be legally responsible.
What can you expect when filing a claim against the MTA?
Legal action against a municipal agency can be more complicated than regular claims. First, you should file a notice of claim with the New York City Transit Authority (NYCTA) within 90 days of the incident. This document provides the MTA with the basic details of the accident.
After you file the notice, you have one year and 90 days to file a lawsuit. The MTA may also summon you for a 50-H hearing. This hearing involves giving your testimony about the accident under oath. However, the defendant may use what you say against you during trial.
Why do you need an attorney?
The requirements of filing a claim against a New York agency can be challenging without legal help. It is advisable to work with a personal injury attorney who can guide you through the process and prevent you from saying anything that can harm your case.
With preparation and legal counsel, you have a better chance of recovering compensation for your medical expenses, lost wages, emotional suffering and other damages.