Business Records Evidence in NY Personal Injury Cases | Legal Analysis

Key Takeaway

Expert analysis of Jesa Med. Supply v NYC Transit Authority and business records evidence. Learn how absent records affect personal injury cases in NY.

Business Records and the “Absence of Evidence” Rule in New York Personal Injury Cases

When pursuing personal injury claims involving public transportation accidents in New York City and Long Island, one of the most challenging obstacles can be proving that an incident actually occurred. A recent appellate decision demonstrates how defendant organizations, particularly the MTA and NYC Transit Authority, can use the absence of records as powerful evidence that alleged accidents never happened.

The Jesa Medical Supply Decision

Jesa Med. Supply, Inc. v NYC Tr. Auth., 2013 NY Slip Op 50188(U)(App. Term 2d Dept. 2013)

“In support of its cross motion for summary judgment dismissing the complaint, defendant NYC Transit Authority (NYCTA) submitted an affidavit from its claims examiner, who stated that it is NYCTA’s business practice to maintain a log of all people injured or involved in a motor vehicle accident involving a NYCTA vehicle. Since the only information that had been provided to defendant was the date on which plaintiff’s assignor had allegedly been injured while a passenger on defendant’s bus, defendant’s claims examiner had searched defendant’s records and found that there was no record indicating that plaintiff’s assignor had been injured as a [*2]passenger, or otherwise, by a NYCTA vehicle on the date of the alleged accident or even that she was at the scene of an accident involving a NYCTA vehicle on the date in question”

A search of a business record which shows the absence of an event is prima facie proof that the event never occurred. Another in a short series of “it never happened” cases.

Understanding Business Records Evidence Law

The principle established in this case has profound implications for personal injury victims throughout Long Island and New York City who are involved in accidents with public transit vehicles, including MTA buses, subway trains, and other municipal transportation.

The Prima Facie Evidence Standard

When a business maintains systematic records of certain types of events as part of its regular business practice, the absence of a record for a particular event can constitute prima facie evidence that the event never occurred. This legal doctrine places a significant burden on injured parties to overcome the presumption created by missing records.

Why This Matters for Transit Accidents

The NYC Transit Authority, like many large transportation organizations, maintains detailed incident logs and accident reports as part of their standard operating procedures. These records serve multiple purposes:

Regulatory compliance with federal and state transportation authorities
Insurance claim documentation and risk management
Fleet maintenance and safety analysis
Legal defense preparation

Implications for Different Types of Public Transportation Cases

This evidentiary principle affects various scenarios involving public transportation accidents across the New York metropolitan area:

MTA Bus Accidents

Whether you’re a passenger on a Nassau Inter-County Express bus on Long Island or riding an MTA bus through Manhattan, the Transit Authority maintains comprehensive accident logs. If you’re injured in a bus accident, the absence of any incident report for that date and location can be used against your claim.

Subway and Rail Incidents

The MTA’s extensive record-keeping extends to subway incidents, Long Island Rail Road accidents, and Metro-North collisions. From platform accidents at Penn Station to incidents on the LIRR’s busy commuter lines serving Nassau and Suffolk Counties, the absence of records can be problematic for injury claims.

School Transportation

School districts throughout Long Island and New York City maintain similar records for school bus incidents. Students injured while riding school buses may face the same evidentiary challenges if no incident report was filed.

The Legal Framework: Business Records Exception to Hearsay

This case illustrates how the business records exception to the hearsay rule can work against injury victims. Under New York law, business records are admissible as evidence when they are:

Made in the regular course of business
Created at or near the time of the recorded event
Based on information from someone with knowledge of the facts
Maintained as part of systematic record-keeping practices

The Absence of Records Doctrine

When these criteria are met, the absence of a record where one would normally be expected can be just as powerful as the presence of a record. The court in Jesa Medical Supply recognized that systematic record-keeping practices create a reasonable expectation that significant events would be documented.

Challenges This Creates for Personal Injury Victims

For individuals injured in transportation accidents throughout Long Island and New York City, the Jesa Medical Supply decision creates several significant challenges:

Immediate Reporting Becomes Critical

The decision emphasizes the importance of ensuring that accidents are immediately reported to the appropriate authorities. If you’re injured on an MTA bus in Queens or a Nassau County bus on Route 25, it’s crucial that the incident is properly documented in the driver’s log and reported to supervisors.

Witness Documentation

When official records may be absent or disputed, independent witness testimony becomes even more valuable. Passengers who witnessed an incident, pedestrians who saw a bus accident, or surveillance footage from nearby businesses can help establish that an incident occurred.

Medical Documentation

Immediate medical attention not only ensures proper treatment but also creates contemporaneous medical records that document injuries consistent with the alleged incident. Emergency room visits, ambulance reports, and treating physician notes can help establish the occurrence of an accident even when official transit records are lacking.

Strategic Responses to “Absence of Evidence” Defenses

Experienced personal injury attorneys must develop comprehensive strategies to overcome the evidentiary presumption created by absent business records:

Challenging Record-Keeping Practices

Not all record-keeping systems are perfect. Attorneys can investigate whether the defendant’s record-keeping practices are truly comprehensive and whether there are gaps or inconsistencies in how incidents are documented and maintained.

Alternative Sources of Evidence

Beyond official transit authority records, multiple sources of evidence may document an incident:

Police reports filed at the scene
911 call logs and emergency response records
Hospital and ambulance service records
Traffic cameras and surveillance footage
Social media posts or news reports about the incident
Vehicle maintenance records showing damage or repairs

Expert Testimony on Record-Keeping

Expert witnesses familiar with transportation industry practices can testify about the limitations and potential failures of record-keeping systems, helping to undermine the presumption that all incidents would necessarily be recorded.

The Series of “It Never Happened” Cases

As noted in the analysis, the Jesa Medical Supply decision is part of a broader trend of cases where defendants successfully use the absence of records to challenge the occurrence of alleged incidents. This trend affects various types of personal injury cases:

Hospital and Medical Malpractice Cases

Healthcare providers maintain extensive records of patient interactions, treatments, and incidents. The absence of documentation regarding alleged medical errors or hospital incidents can be used to challenge malpractice claims.

Premises Liability Claims

Retail establishments, property managers, and municipalities often maintain incident logs. The absence of records regarding slip-and-fall incidents or other premises liability claims can create evidentiary challenges.

Employers are required to maintain OSHA logs and workers’ compensation incident reports. The absence of such records can be used to challenge workplace injury claims.

Implications for Different Boroughs and Long Island Communities

The practical impact of this evidentiary rule varies across different areas of the New York metropolitan region:

Manhattan

With the highest density of surveillance cameras and the most comprehensive emergency response systems, Manhattan incidents are more likely to generate multiple forms of documentation beyond official transit records.

Outer Boroughs

Brooklyn, Queens, the Bronx, and Staten Island may have fewer alternative sources of documentation, making official transit authority records more critical to establishing incident occurrence.

Nassau and Suffolk Counties

Long Island’s suburban environment often means fewer witnesses and less surveillance coverage, potentially making the absence of official records more problematic for injury victims.

Best Practices for Personal Injury Victims

Given the evidentiary challenges highlighted by the Jesa Medical Supply decision, injury victims should take immediate steps to protect their rights:

At the Scene

Immediately report any incident to the bus driver, conductor, or other transit authority personnel
Obtain names and badge numbers of all transit authority employees present
Take photographs of the scene, vehicle damage, and your injuries
Collect contact information from witnesses
Call 911 if you’re seriously injured

Follow-Up Actions

Request a copy of any incident report filed by transit authority personnel
Follow up with the transit authority’s claims department
Maintain all medical records and documentation
Contact an experienced personal injury attorney promptly

Frequently Asked Questions

What if the transit authority claims no record exists of my accident?

This doesn’t necessarily mean your case is hopeless. An experienced attorney can investigate alternative sources of evidence and challenge the completeness of the record-keeping system.

How long do transit authorities keep incident records?

Retention periods vary, but most maintain records for several years. It’s important to request records as soon as possible after an incident.

Can I still pursue a case if there’s no official record of my accident?

Yes, but it becomes more challenging. Success will depend on developing strong alternative evidence of the incident’s occurrence.

What if the driver told me they would file a report but none exists?

This could indicate a failure in the record-keeping system. Your attorney can investigate whether proper procedures were followed.

Does this rule apply to private transportation companies?

The principle can apply to any organization that maintains systematic business records, including private bus companies, taxi services, and ride-sharing companies.

The Importance of Experienced Legal Representation

The evidentiary challenges created by cases like Jesa Medical Supply demonstrate why experienced legal representation is crucial for personal injury victims throughout Long Island and New York City. Overcoming the presumption created by absent business records requires sophisticated legal strategies and thorough investigation.

Immediate Investigation

Time is critical in developing alternative sources of evidence. An experienced attorney can immediately begin investigating surveillance footage, witness interviews, and documentation requests before evidence is lost or destroyed.

Expert Resources

Challenging the completeness and reliability of business record-keeping systems often requires expert testimony from professionals familiar with transportation industry practices and record-keeping requirements.

Don’t Let Missing Records Derail Your Case

If you’ve been injured in an accident involving public transportation anywhere on Long Island or throughout New York City, don’t be discouraged if the transit authority claims no record of your incident exists. The experienced personal injury attorneys at the Law Office of Jason Tenenbaum understand how to investigate and develop the evidence needed to overcome these challenges.

We have successfully handled cases involving MTA buses, Long Island Rail Road incidents, school transportation accidents, and other public transit injuries. Our team knows how to locate alternative sources of evidence and build compelling cases even when official records are absent or disputed.

Call (516) 750-0595 today for a free consultation. We’ll thoroughly investigate your case, explore all available sources of evidence, and fight to overcome any evidentiary challenges. Don’t let the absence of official records prevent you from getting the compensation you deserve—contact us today to learn how we can help protect your rights and build a strong case for recovery.

Legal Update (February 2026): Since this post’s publication in 2013, New York’s evidence rules regarding business records and the “absence of evidence” doctrine may have been refined through subsequent appellate decisions or procedural amendments. Practitioners should verify current standards for establishing business record practices and the admissibility of negative evidence in motor vehicle accident cases involving public transportation entities.

Filed under: Causation Coverage

Absence of a business record entry = no motor vehicle accident