When a city bus is involved in a collision in New York, the legal process works differently than it would after a typical car crash. State law generally requires a notice of claim before a lawsuit can proceed against a public entity and that deadline arrives much sooner than many people expect.
Filing a notice of claim
Claims involving public transit buses do not usually begin with a lawsuit. In many cases, New York law requires the injured person to submit a notice of claim first. That filing gives the transit authority formal notice and a chance to review the facts early.
The 90-day deadline can decide whether the case moves forward
In many claims against public entities such as the MTA, the injured person generally has 90 days from the accident date to submit the notice of claim. That is separate from the deadline for filing the lawsuit itself. For many claims involving the MTA or New York City Transit, the deadline for filing suit is one year and 90 days from the date of the accident.
Missing the notice deadline can seriously damage the claim. Courts may allow a late filing in limited circumstances, but timely filing is always the stronger position.
Proving negligence still depends on the evidence
The injured person still needs proof that the bus driver or transit agency failed to meet the duty of care that applies to a common carrier. Useful evidence often includes:
- Traffic camera footage
- Driver logs and route records
- Maintenance and inspection records
- Witness statements
- Police or crash reports
Federal passenger carrier safety information can help explain the safety rules that may apply to that vehicle and route.
Medical records can strengthen the claim
Medical records help connect the injury to the bus accident and show how serious the harm became over time. In public transportation injury claims, identifying the right transit entity and preserving records can become just as important as documenting the injury itself. An attorney can review the deadlines, the available evidence and the injury documentation before the filing window closes.