The Metropolitan Transportation Authority, or MTA, is the largest public transit authority in the United States. It serves all of the New York City metropolitan area, plus 12 counties in New York and 2 counties in Connecticut. Each week, the MTA transports 11 million passengers each week on its buses and trains.
While the MTA generally offers safe, reliable transportation, accidents can and do happen. If you are hurt in an MTA bus accident, you may be able to file a claim against the MTA. With the help of our New York bus accident attorneys, you can recover financial compensation for your medical bills, lost wages, pain and suffering, and other losses.
At the Odierno Law Firm, we are dedicated to helping our clients get maximum compensation for their injuries. We treat each client with respect and compassion while fighting to ensure that they get the money that they deserve for their injuries. Reach out today to learn more or to schedule a free initial consultation with a member of our legal team.
When Is the MTA Responsible for a Bus Accident?
While riding the bus is relatively safe, the MTA is still involved in far too many crashes. According to data released to the New York Post, in a period of just 31 months, MTA buses were involved in 21,283 accidents. On average, 2.7 people per day were injured in these accidents – and at least 14 people died.
There are many possible causes of bus accidents. In some cases, another driver is responsible for causing a wreck – such as by running a red light and crashing into a bus. In other situations, it is the MTA itself that is at fault for an accident. This may include accidents related to:
- Bus drivers who are driving under the influence of drugs and/or alcohol
- Distracted driving accidents
- Careless driving, such as speeding, changing lanes without looking, or taking a turn without slowing down
- Poor or improper bus maintenance, such as failure to maintain brakes
- A defect in a bus part or tires
- Failure to properly hire and/or train bus drivers
If the MTA is responsible for a bus accident, then you may be able to file a claim against it. These claims are usually based on a legal theory of negligence, or carelessness. Negligence is the failure to use the care that a reasonable person would in a similar situation – such as by not speeding.
In some cases, the bus crash may be the result of intentional or reckless behavior, such as a drunk driving accident. You can still pursue a claim against the MTA for this type of collision, in addition to any criminal charges that prosecutors might pursue.
It can often be difficult to determine liability in a motor vehicle accident. If you have any questions about your legal rights, our NY bus accident lawyers can help. Schedule a free initial consultation to learn more about pursuing legal action for an MTA accident.
Filing a Claim for a MTA Accident
If the MTA is responsible for a bus collision, then you can still seek financial compensation from it. However, as a government agency, there is a special procedure that must be followed when filing a claim against the MTA.
First, you must file a Notice of Claim with the MTA within 90 days of the accident. This is much shorter than the standard 3-year statute of limitations for personal injury claims in New York. If you don’t file a claim within this time period, then you may not be able to seek financial compensation.
Second, once you have filed a Notice of Claim, you will receive a claim number from the MTA. You must then wait 30 days before taking any action. During these 30 days, the MTA will review and investigate – and possibly settle – the incident.
Third, once the 30 days have passed, you can file a lawsuit against the MTA. This claim must be brought within 1 year and 90 days after the accident. Again, if you don’t file a lawsuit against the MTA within this time, you will likely be barred from doing so.
Filing a lawsuit does not mean that your case will go to trial. In fact, the vast majority of personal injury claims are resolved outside of court. It is an important step to preserve your legal rights while your lawyer investigates your case, exchanges information with the MTA, and performs legal research.
You may be entitled to three types of damages in a MTA bus accident lawsuit:
- Economic damages pay for direct financial losses. Examples of economic damages include property damage, lost wages, reduced earning capacity, medical expenses, and future medical treatment.
- Non-economic damages pay for indirect losses, such as pain and suffering, emotional distress, scarring, disfigurement, and loss of enjoyment of life.
- Punitive damages are available in more unusual cases involving reckless or intentional conduct. These damages are meant to punish an at-fault party rather than compensate an injury victim, and are awarded by a jury.
If a loved one dies as a result of a bus accident, then you may be able to seek damages through a wrongful death lawsuit. The personal representative or executor of the estate will file this claim, with all money recovered to be distributed to surviving family members through the estate. Damages in a wrongful death claim may include money for funeral and burial expenses, loss of consortium, medical bills, and pain and suffering.
The key to getting top dollar for your MTA bus crash losses is working with an experienced personal injury lawyer. Whether you have suffered catastrophic or minor injuries, The Odierno Law Firm will advocate for you and work to get you the best possible outcome.
When to Contact an Attorney After a MTA Bus Accident
Personal injury claims against government agencies in New York have a much shorter time frame. You must file a notice of claim within 90 days, and then a lawsuit within 1 year and 30 days. For this reason, it is important that you schedule a consultation with a New York bus accident attorney as soon as possible – even if you aren’t sure if you have a case.
It is often difficult to know whether you have a potential claim. In a bus accident, you may not have been paying attention or have any real perspective on what caused the crash. Many people may just assume that there is nothing that they can do except move forward with their lives after a bus crash.
For example, consider a situation where a bus driver failed to properly negotiate a turn and crashed into another vehicle. Passengers may not realize that the bus driver didn’t receive proper training, and may assume that it was just an unlucky incident. A New York bus accident lawyer can help you determine whether you have a potential claim against the MTA or another party.
There may also be cases where the MTA wasn’t at fault for an accident – but a third party. If a bus part was dangerous or defective, then you could file a lawsuit against the manufacturer, retailer, or distributor. For example, if the tire blew out and caused a wreck because the tire was faulty, you could file a claim against the manufacturer. You may not even realize that this is an option until after you consult with a seasoned attorney with experience handling crashes involving commercial motor vehicles.
Our law firm represents pedestrians, bicyclists, motorcycle drivers, passengers, and drivers of other vehicles in bus accident cases. We offer free initial consultations, where we will listen to your story and offer you legal advice on your rights and options. If you decide to hire our law offices, we will immediately start to investigate the accident by requesting documentation from the bus agency, interviewing witnesses, analyzing accident reports, and seeking photos and videos of the accident.
At the same time, we will perform legal research to build a strong case for compensation. When we have identified all potentially responsible parties, we will take action. We will file a Notice of Claim with the MTA, and also send a demand letter to any other at-fault parties’ insurance companies. Throughout the process, we will keep you updated and informed.
In most situations, we are able to negotiate a fair settlement for our clients that takes into account their full scope of losses. When that isn’t possible, we will move forward with a lawsuit to continue building evidence to support the claim. When necessary, we will go to trial and make arguments, introduce evidence, and question witnesses before asking a jury to return a verdict in your favor.
Bus accidents can be incredibly traumatizing, and often cause serious injuries. It can be hard to know what to do in the aftermath, particularly while you are still dealing with doctor’s appointments and other issues. If you have been hurt in a bus crash, we are here for you. Call our law offices at any time to schedule a free consultation with a New York bus accident lawyer.
Involved in an MTA Accident? Don’t Wait to Call.
In the days and weeks after a bus accident, your main focus will likely be on your physical and mental recovery. Given the short time limits for pursuing a claim against the MTA, it is also important to think about your financial recovery. Our law firm can handle the legal aspect of your case for you, while you focus on your health and wellbeing.
Based in Melville, New York, The Odierno Law Firm represents clients throughout Suffolk, Nassau, Kings, and Queens Counties. We offer free initial consultations to all prospective clients and never charge a fee unless we recover money for you. To learn more or to schedule a no-cost, no-obligation appointment with a Long Island bus accident attorney, give us a call at 631-994-3043 or fill out our online contact form.
