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Bus Accident Lawyer in NYC
We handle bus accident cases across the five boroughs: MTA buses, NYC Transit Authority buses, Access-A-Ride vans, school buses, charter and tour buses, and private commuter buses. The single most important thing to know about a bus accident case in New York is that the clock starts running the moment you are hurt, and it runs faster than people expect. Prior results do not guarantee a similar outcome. Call 718-261-0546.
The 90-day Notice of Claim is the case-killer
If you were hurt on an MTA bus, an NYC Transit bus, or any city-operated bus, you have 90 days from the date of the crash to file a Notice of Claim under General Municipal Law §50-e and Public Authorities Law §1276. Missing that 90-day deadline ends most cases before they start. The lawsuit itself must then be filed within one year and 90 days under GML §50-i.
We file the Notice of Claim within 24 hours of intake on every MTA bus case. The Notice is a short document but it has to be served on the right entity, contain the right information, and be sworn correctly. Get any of that wrong and the MTA moves to dismiss.
What about a private bus or a charter?
Private bus operators (Greyhound, BoltBus, Megabus, tour and charter buses, private commuter buses, hotel shuttles) follow the standard three-year statute of limitations under CPLR §214(5). No 90-day Notice. The case is procedurally simpler but the carriers fight harder because there is no government deference. The same accident-scene and medical-record work-up applies.
School buses are a hybrid
NYC school buses are operated by the Department of Education directly or by private contractors under contract with the DOE. A DOE-operated school bus follows the 90-day Notice rule. A privately-contracted school bus follows the three-year statute. The bus markings and the DOE contract number tell you which it is. We pull the contract and the route assignment to confirm before filing.
When the plaintiff is a child, the statute is tolled until the child turns 18 under CPLR §208. But the 90-day Notice rule against the City is not tolled. We file the Notice immediately even for child plaintiffs.
What the case is worth depends on the injuries
MTA bus crashes generate a wide range of injuries depending on where you were and what the bus did. We have seen:
- Passengers thrown forward when an MTA bus brakes hard, sustaining whiplash, concussion, and shoulder dislocations.
- Pedestrians struck by a turning bus, almost always catastrophic given the weight differential.
- Drivers and passengers in cars hit by a bus changing lanes without checking the mirror.
- Cyclists sideswiped by a bus pulling into a stop.
The serious-injury threshold under Insurance Law §5102(d) still applies to bus cases involving cars or cyclists. For passenger cases, the threshold is met whenever there is a fracture, significant disfigurement, dismemberment, or 90/180-day medically-determined disability.
The MTA is self-insured up to substantial limits, which means there is no third-party insurance carrier to fight. The MTA itself defends the case through its in-house Law Department or outside counsel. Settlements at mediation are common for clear-liability cases.
The 50-h hearing
Before you can file a lawsuit against the MTA or City of New York, you have to sit for a "50-h hearing" under General Municipal Law §50-h. It is a pre-suit deposition. The MTA's lawyer asks you questions under oath about the crash. You answer. The transcript becomes part of the case.
Skipping the 50-h or appearing unprepared damages the case. We prepare you in detail before the hearing, attend with you, and use the transcript to strengthen the lawsuit when we file it.
Preserving the bus camera footage
MTA buses are equipped with multiple onboard cameras. The footage typically overwrites in 30 to 90 days depending on the agency and the storage rotation. We send a spoliation preservation letter within 24 hours of intake demanding the footage be preserved. Without that letter the agency may overwrite the recording in routine operations and the case loses its strongest evidence.
Same applies to private bus operators. Greyhound, Megabus, Coach USA, tour buses, all run camera systems with similar retention windows.
What to do after a bus crash in NYC
- Get medical care immediately. Even if you feel fine. Adrenaline masks injuries. The ER record from the day of the crash is the foundation of every PI case.
- Photograph the scene. Bus number, route number, license plate, damage to the bus and any other vehicles, your injuries, the street, the traffic conditions.
- Get witnesses. Other passengers, pedestrians, drivers. Names and phone numbers.
- Report the bus crash to the agency. The MTA Crash Report line is 718-927-6772 for buses. Document the report number.
- Do not give a recorded statement to the agency's investigator. They will call. They are not on your side. Tell them you are represented and refer them to your lawyer.
- Call us within the first week. 718-261-0546. Free consultation. We come to you. We file the Notice of Claim before the 90-day clock runs.
Concierge service: we come to you
You do not have to come to the office. Our concierge meets you at home, at the hospital, at rehab, at your job site, anywhere in the five boroughs or Long Island. The Forest Hills office is for legal mail, not client meetings.
Talk to Nick
Free consultation. No fee unless we win. Twenty-two years on personal injury cases in New York City. Call 718-261-0546 or tell us what happened. Hablamos español.
Related: Personal Injury Lawyer NYC · Car Accident Lawyer Queens · Pedestrian Accidents · Truck Accidents
Attorney Advertising. Prior results do not guarantee a similar outcome. This page is informational and does not create an attorney-client relationship. Every case is different. The information here reflects general principles of New York personal injury law and is not a substitute for legal advice on your specific situation.
Law Offices of Nicholas Rose, PLLC | 102-11 Metropolitan Avenue, Forest Hills, NY 11375 | (718) 261-0546 | nicholas@nroselaw.com
Common questions.
You have 90 days from the date of the crash to file a Notice of Claim under General Municipal Law §50-e and Public Authorities Law §1276. The lawsuit itself must be filed within one year and ninety days under GML §50-i. Miss either deadline and the case is over. We file the Notice within 24 hours of intake on every MTA bus case.
A 50-h hearing is a pre-suit deposition that the MTA can demand under General Municipal Law §50-h before you are allowed to file the lawsuit. They ask you questions about the crash under oath. We prepare you for it, attend with you, and use the transcript to strengthen the case. Skipping the 50-h or appearing unprepared damages the case.
The case framework is the same against the MTA, but the damages picture changes. As a passenger you have zero comparative fault. As a driver hit by the bus you may face a fault dispute. We work up both with the same urgency, the 90-day Notice runs identically.
Bus cameras and DVR systems typically overwrite in 30 to 90 days depending on the agency. We send a preservation letter (spoliation notice) within 24 hours of intake demanding the footage be saved. Without that letter the agency may overwrite the recording in routine maintenance and the case loses its strongest evidence.
Yes. School buses are operated by NYC DOE-contracted private companies, by the DOE directly, or by private school operators. The Notice of Claim deadline still runs 90 days when the operator is public; the private-operator case follows the normal three-year statute under CPLR §214(5). Child plaintiff cases also benefit from the infancy tolling under CPLR §208, the statute is tolled until the child turns 18.
New York no-fault PIP under Insurance Law §5102 covers up to $50,000 of medical bills and lost wages regardless of fault, billed to the bus operator's no-fault carrier (or the at-fault driver's carrier if you were in a car). After PIP is exhausted, your health insurance picks up. The pain-and-suffering recovery (the lawsuit) is separate, it happens at settlement or verdict, not during treatment.
Free consultation. No fee unless we win.
Call 718-261-0546 or use the form. I answer my own phone during business hours, and the answering service patches urgent calls through after hours.
Twenty-two years on these cases. Boutique New York City practice with a real team behind it. Bilingual concierge on staff. Hablamos español. Arabic spoken on request.
