NYC Bus Accident Lawyer: A 2025 Guide to Knowing and Protecting Your Rights

An accident involving a New York City bus can be a terrifying and life-altering event. The sheer size and weight of these vehicles mean that collisions often result in significant, long-lasting injuries, and tragically, are sometimes lethal. If you or a loved one has been hurt in an NYC bus accident, you may be entitled to significant financial compensation for your medical bills, lost wages, and suffering. But you must act quickly. New York law imposes a very short deadline for filing a formal notice of claim to preserve your right to seek damages. This is not a time to wait.

This guide will walk you through the laws governing bus accident liability in NYC, the critical steps you must take after an injury, and the common mistakes that can jeopardize your case. While this information is vital, it cannot replace the experience and strategic insight that comes from years of litigating these complex cases against powerful city agencies.

Understanding Liability in an NYC Bus Accident

Most bus accident cases are built on the legal concept of negligence. Negligence is a legal claim that can be brought under New York common law.[1] To successfully hold a defendant responsible, your attorney must prove that their carelessness directly caused your injuries. In a negligence lawsuit, the injured person—also referred to as the plaintiff—must prove (a) that the defendant owed the plaintiff a duty, (b) that the defendant then breached the duty, and (c) that the breach caused the plaintiff’s injury.[2] However, these cases involve special rules that are critical to understand.

The “Common Carrier” Duty: A Higher Standard of Care

Under New York law, entities that transport the public for a fee, like the MTA and other bus companies, are known as “common carriers.” This designation is important because it holds them to a higher standard of care than a regular driver. Their legal duty is to transport passengers with the utmost care and to keep them safe. This heightened responsibility, established in key New York cases like Adams v. NYC Tr. Auth.,[3] is the legal standard that bus drivers and their employers must meet. When they fail, and a passenger is injured, they can be held liable.

Negligence: Proving Fault

At its core, a negligence claim requires your lawyer to prove four things: 1) that the defendant (e.g., the bus driver) owed you a legal duty of care; 2) that they breached that duty through a careless act or failure to act; 3) that this breach directly caused the accident; and 4) that the accident resulted in your injuries and damages. A breach could be anything from speeding and running a red light to making a sudden, violent stop that throws passengers to the floor.

Comparative Negligence in New York

New York uses a “pure comparative negligence” system to assign fault.[4] This means that even if you are found to be partially at fault for the accident, you can still recover damages. However, your total compensation will be reduced by your percentage of fault. For example, if a jury awards you $100,000 but finds you were 10% at fault, your award would be reduced to $90,000. Insurance companies often try to use this rule to unfairly shift blame onto victims, which is why having an experienced attorney to fight back against these tactics is so important.

Why You Must Act Quickly After a Bus Accident in 2025

In the aftermath of a traumatic accident, taking legal action may be the last thing on your mind. However, time is not on your side. There are two crucial reasons why immediate action is essential for the success of your claim.

First and foremost is the unforgiving Notice of Claim deadline. The most critical factor in any claim against the MTA is the strictly limited time window to serve a formal Notice of Claim, a requirement mandated by New York General Municipal Law § 50-e. This isn’t a suggestion; it’s a rigid rule. Missing this deadline, with very few exceptions, will permanently extinguish your right to sue and recover compensation, no matter how severe your injuries are.

Second, evidence disappears quickly. Witnesses move or their memories fade. Onboard bus surveillance footage, traffic cameras, and videos from nearby businesses are often erased or recorded over within weeks, if not days. The sooner your attorney can send preservation letters and launch an investigation, the better your chances of securing the proof needed to win your case.

A Step-by-Step Guide: What to Do After an NYC Bus Accident

While every case is unique, following these steps can help protect your rights and maximize the value of your claim.

Step 1: Get to Safety and Seek Immediate Medical Attention

Your health and safety are the number one priority. If you can, move away from traffic and danger. Call 911 immediately to report the accident and request an ambulance. It is crucial to get a professional medical evaluation, even if you feel you are not seriously hurt. Adrenaline from the trauma can mask pain from significant injuries like concussions or internal damage. A prompt medical visit also creates a critical official record that links your injuries directly to the accident.

Pro-Tip: Never say “I’m fine” or downplay your injuries at the scene. Stick to the facts when speaking with police or medical personnel. What seems like minor soreness can develop into a chronic condition.

Step 2: Gather Critical Evidence at the Scene

If your injuries permit, try to gather as much information as possible before leaving the scene. This evidence is invaluable for your attorney’s investigation. Use your phone to document everything:

• The bus number, route number, and license plate.
• The exact location, including the street, intersection, and nearest address.
• The driver’s name, if possible.
• Photos of the accident scene, vehicle damage, your injuries, and any contributing factors like road hazards.
• The names and phone numbers of any other passengers or eyewitnesses.

Pro-Tip: Use your phone to take a short video, slowly panning the entire scene. This can capture important details about traffic flow, weather conditions, and vehicle positions that still photos might miss.

Step 3: Ensure a Police Report is Filed

Do not leave the scene of the accident until the police have arrived and completed their report (unless you are taken by ambulance). The official police report is a cornerstone of your case. It serves as the first official record of the incident and often contains the names and contact information of all parties and witnesses, diagrams of the scene, and the officer’s initial observations. Be sure to get the report number so your attorney can obtain a copy.

Pro-Tip: When speaking to the police, state the facts clearly and concisely. Do not guess, speculate, or admit any fault. Let the investigation play out.

Step 4: Understand the Formal Claim Process

As mentioned, suing the MTA involves a rigid, multi-step process. First, New York City’s local laws require a notice of claim to be submitted to the Metropolitan Transportation Authority (“MTA”) and the Office of the Comptroller if the action is filed against the City of New York.[5] This notice must be submitted before any lawsuit can be filed against the MTA or the City for personal injuries arising from a bus accident, and it must be filed within the timeframe set by law.

After the Notice of Claim is filed on time, the city may demand a “50-h hearing.”[6] This is a pre-lawsuit deposition where you must give sworn testimony about the accident and your injuries. You will be questioned by an attorney for the city. Failing to appear for this hearing or providing damaging testimony can ruin your case before it even begins.

Pro-Tip: The 50-h hearing is a critical, high-stakes event. Never attend one without an experienced attorney who can prepare you for the questions, object to improper inquiries, and protect your rights throughout the proceeding.

Step 5: Consult a Specialized NYC Bus Accident Attorney

Proving fault against a powerful, well-defended city agency like the MTA is inherently complex. The procedural rules are a minefield for the inexperienced. The single most effective step you can take to protect yourself is to contact a lawyer who specializes in NYC bus accident claims as soon as possible. An experienced attorney can immediately take over, ensure all deadlines are met, preserve crucial evidence, and build a powerful case while you focus on healing.

Pro-Tip: When choosing a lawyer, ask about their specific track record with MTA cases. General personal injury experience is not enough; you need a firm that knows the specific laws, procedures, and defense tactics used in these unique claims.

Critical Mistakes That Can Devalue Your Bus Accident Claim

In addition to the proactive steps above, avoiding these common pitfalls is essential to protecting the value of your claim.

Expert Insights from a Multi-Million-Dollar Case Study

The power of a skilled legal strategy is best illustrated by example. The bus-accident team at Dansker & Aspromonte Associates secured a recovery of more than three million dollars after a New York City bus struck a pedestrian in a crosswalk. The victim, a 21-year-old man with significant developmental disabilities, sustained catastrophic injuries and tragically passed away months later.

At trial, the defense argued that the young man was at fault for stepping into the crosswalk against the light, which would normally reduce the damages significantly under New York’s comparative-fault rule. However, our legal team presented compelling testimony from the client’s school guidance counselor, who established that he had the mental capacity of a seven-year-old child. The team successfully argued that he could not be held to the same standard of care as an adult. The jury agreed, concluded he could not be held responsible for his actions, and awarded the full measure of damages—approximately $3.5 million—to his family.

While every case is unique and past results do not guarantee future outcomes, this case demonstrates how a deep investigation and creative legal strategy can overcome significant challenges and achieve justice.

Frequently Asked Questions About NYC Bus Accidents

How long do I have to file a bus accident claim in NYC?
You have only a short period after the accident to file a Notice of Claim with the MTA. The lawsuit itself must also be filed within a relatively brief limitations period, but meeting the initial claim deadline is the most critical step.

What if I was a passenger on the bus that crashed?
As a passenger, you have a strong claim. The bus company owes you the highest duty of care. You should follow the same steps: seek medical attention, document everything, and contact an attorney to file a timely claim.

Can I still sue if I was partially at fault for the accident?
Yes. Under New York’s comparative negligence rule, you can still recover damages even if you were partially at fault. Your recovery will simply be reduced by your percentage of fault as determined by a jury.

What is my bus accident case worth?
The value of a case depends on many factors, including the severity of your injuries, the amount of your medical bills and lost wages, your future medical needs, and the strength of the evidence. An experienced attorney can evaluate these factors to estimate your claim’s potential value.

Do I have to pay a lawyer upfront?
No. Reputable firms like Dansker & Aspromonte Associates handle all bus accident cases on a contingency-fee basis. This means you pay absolutely no legal fees unless and until we win a financial recovery for you.

Take the First Step to Protect Your Rights

As you have seen, bus accident cases are legally complex and fraught with procedural traps and strict deadlines. After suffering an injury in one of these accidents, your focus should be on your recovery. Let an experienced legal team handle the fight for justice. Make sure you get to safety, document what you can, and most importantly, contact a specialized attorney before you accept any offer or make any statement to an insurer.

When you are ready, contact our dedicated bus accident attorneys at Dansker & Aspromonte. Our lawyers demonstrate excellence both in and out of the courtroom, and that excellence is proven by the results we achieve for our clients. Call us today at (212) 732-2929 to schedule your free, no-obligation consultation, or reach out through our online portal.

Footnotes

[1] Solomon by Solomon v. City of New York, 66 N.Y.2d 1026 (1985).

[2] Solomon by Solomon v. City of New York, 66 N.Y.2d 1026 (1985).

[3] Adams v. NYC Tr. Auth., 88 N.Y.2d 116 (1996)

[4] NY CPLR § 1411.

[5] NYC Admin. Code § 7-201.

[6] NY Gen. Mun. Law § 50-h.