When a Routine Bus Ride Turns Dangerous
For countless New Yorkers, hopping on an MTA bus is just another piece of the daily puzzle. Yet, for many, this everyday trip can spiral into a life-altering disaster. According to MTA data, roughly 4,500 bus accidents occur each year across the city’s five boroughs, with hundreds resulting in injuries to passengers, pedestrians, and other road users.
These crashes arise from a range of issues: fatigued drivers, reckless actions at the wheel, mechanical failures, hazardous road conditions, or errors by other motorists. Adding to the challenge is the intersection of personal injury law with the specific legal structure governing the Metropolitan Transportation Authority as a public entity.
For those impacted, recovery goes beyond mending physical wounds. Understanding legal entitlements, meeting strict deadlines, and seeking fair compensation for harm become vital tasks. Having experienced legal support often proves indispensable in tackling this uphill battle.
The MTA’s Special Legal Status Poses Obstacles
The MTA stands apart from a typical defendant in a lawsuit. As a public benefit corporation, it enjoys certain safeguards that can complicate claims for those who suffer injuries.
Many fall into the trap of treating an MTA case like a standard car accident claim. By the time the specific rules come into focus, critical deadlines may have already passed, as pointed out by Jason Tenenbaum of The Law Office of Jason Tenenbaum, P.C.
What makes these cases different? The MTA operates under a “common carrier” duty of care, a higher standard than that of ordinary drivers. Bus operators must exercise exceptional caution to protect passengers, which can strengthen a victim’s position. However, procedural hurdles designed to shield public agencies often counterbalance this edge.
A recent court decision on April 1, 2025, by the appellate division illustrated this tightrope, rejecting a negligence claim in a bus injury case. The ruling found that the movement of the bus was normal and did not exceed typical travel conditions, making clear that while the duty of care stands elevated, the MTA doesn’t shoulder blame for every mishap during regular service.
Fault may not lie solely with the MTA or its driver. Maintenance contractors, bus makers, or other motorists might also bear responsibility. Under New York’s comparative negligence rules, a victim’s partial fault doesn’t block recovery, though it reduces compensation based on the share of blame.
Injuries That Leave Lasting Marks
The sheer size of MTA buses, combined with the absence of seatbelts for many riders, often results in severe harm during accidents. Common injuries range from traumatic brain injuries and spinal damage to broken bones, soft tissue tears, and internal wounds.
Yet the damage isn’t only physical. Many struggle with hidden trauma—PTSD, anxiety, or depression—following such incidents. These emotional injuries deserve just as much weight in a claim as visible ones.
Financial burdens pile up fast. Medical bills soar. Lost wages from missed work sting. Some require long-term rehabilitation or home modifications to adapt to new physical constraints.
A noteworthy case from February 26, 2025, Pena v. Metropolitan Transp. Auth., decided in the Supreme Court of New York County, highlighted the evidence needed to prove negligence. The plaintiff alleged injury when another passenger fell on her during a bus ride but failed to demonstrate that the bus’s movement was unusual or violent, thus finding no negligence against the bus operator. This result underscores the importance of solid proof and expert analysis in crafting a strong argument.
The Tight 90-Day Filing Window
One detail often trips up victims: a narrow 90-day period exists to submit a Notice of Claim after an MTA bus accident.
Not a full year. Not even six months. Just 90 days.
This form must detail the event, the injuries suffered, and the intent to seek damages. Missing this deadline generally means forfeiting the right to pursue a claim, regardless of the injury’s severity or the MTA’s clear responsibility.
Even after filing this notice, the standard three-year statute of limitations for personal injury claims in New York still holds. Without clearing that initial hurdle, though, the process stops dead.
Exceptions to this cutoff are few. Courts might show flexibility for minors or those with significant mental or physical incapacity, but such relief remains uncommon and uncertain.
Mapping Out the Legal Process
The journey from injury to compensation follows a familiar outline, though each case brings its own twists and turns.
After filing the Notice of Claim, the MTA often arranges a pre-action hearing to question the injured party under oath about the incident. This isn’t a casual chat—it’s the MTA’s first shot at building defenses.
Next comes the deep dive into facts. Attorneys gather evidence like bus camera footage, which can vanish if not secured quickly, along with witness statements, driver records, maintenance logs, and medical assessments backed by expert testimony.
Settlement talks often follow. The MTA, like many defendants, prefers to avoid costly trials. Still, initial offers frequently fall short of covering actual losses.
A striking $65 million settlement on March 26, 2025, secured by Block O’Toole & Murphy for a client paralyzed in an MTA accident, demonstrates the potential value of these claims with skilled representation. While this amount represents a rare high mark, it reflects the serious stakes involved in such life-altering cases.
If no settlement emerges, litigation may ensue. A court battle can span one to three years, involving depositions, legal filings, and possibly a full trial.
Retaining counsel with deep knowledge of MTA claim challenges can profoundly influence the outcome at every stage.
Why Specialized Expertise Matters in MTA Cases
Not all personal injury attorneys hold the right skills to handle MTA claims effectively. Critical know-how includes mastering notice deadlines and rules for suits against public entities, decoding MTA policies, grasping bus operation standards, securing reliable expert witnesses for technical insights, and evaluating the particular damages linked to public transit mishaps.
The Law Office of Jason Tenenbaum, P.C. brings focused experience in transportation injury disputes, with a track record of favorable results against the MTA. Their approach combines thorough investigation, vigorous advocacy, and close attention to each client’s specific circumstances.
What often separates a minimal settlement from one that fully addresses a victim’s losses? It frequently boils down to a lawyer’s experience and willingness to prepare a case for trial, even while pursuing settlement options.
A case from February 25, 2025, Squire v. City of New York, decided in the Supreme Court of New York County, revealed another hurdle—determining which entity bears responsibility for incidents near, but not directly on, buses. The Transit Defendants argued the MTA wasn’t the proper party for a defect at the location where the plaintiff fell, contending they neither own nor maintain the property in question. Such narrow legal distinctions can make or break a claim.
The firm’s successes include a recent $595,000 settlement secured by Sakkas, Cahalan & Robinson for the family of a pedestrian fatally struck by an MTA bus, despite thorny liability issues where the pedestrian crossed outside a marked zone and the driver claimed he never saw her.
Actions to Take After an MTA Bus Accident
For anyone involved in an MTA bus accident, specific steps can protect both well-being and legal standing:
- Seek medical attention immediately, even if injuries appear slight.
- Report the incident to the bus driver and law enforcement.
- Collect contact information from witnesses who saw the event.
- Take photos of the scene, any damage to vehicles, and visible injuries.
- Avoid discussions with MTA personnel or insurance agents. It’s important to understand your rights after an accident.
- Contact a knowledgeable attorney as soon as possible.
The Law Office of Jason Tenenbaum, P.C. offers free consultations to accident victims, providing an opportunity to review options without initial fees. Their contingency fee structure means no payment unless they recover compensation.
While healing takes precedence, their team handles the detailed legal work—filing the Notice of Claim, assembling evidence, consulting specialists, negotiating with the MTA, and preparing to fight in court if necessary.
Bus accidents can upend lives in an instant. The battle for just compensation shouldn’t heap on more stress. With savvy representation and prompt action, legal rights gain protection, allowing the focus to return to recovery. Understanding personal injury claims is crucial in these situations.
To arrange a no-cost consultation about an MTA bus accident claim, contact The Law Office of Jason Tenenbaum, P.C. at (516) 750-0595 or email [email protected]. You can also learn more about the MTA on their official website.
