What Happens If I’m Hit By An MTA Bus In The Bronx?
If an MTA bus hits you in the Bronx, you must file a Notice of Claim within ninety days to start your personal injury claim. Failure to meet this deadline can affect your ability to file a lawsuit due to the agency’s strict notice requirements and procedural rules.
At Uptown Injury Law, PLLC, our car accident lawyer meets all required deadlines, handles all communications with the transit authority, prepares you for sworn questioning, and blocks improper evidence requests to get fair compensation. We also secure bus footage, operator records, and maintenance data to prove negligence of government agencies. Contact us for a free consultation.
Can You File a Claim Against the MTA After a Bronx Bus Accident?
Yes, you can file a claim against the MTA and New York City Transit after a Bronx bus accident, but the process is more complex than suing a private company. As a government-operated entity, the MTA is protected by strict procedural rules that do not apply to private companies. For example, you have to attend a 50-hour examination under oath and file the lawsuit within one year and ninety days.
To avoid liability in personal injury lawsuits, the MTA also hires experienced defense lawyers who aggressively defend these cases and often raise sovereign immunity defenses. Moreover, they closely analyze accident details, medical documentation, and witness statements to challenge liability. Without legal representation, these tactics can weaken your claim.
How Do Attorneys Investigate An MTA Bus Crash In The Bronx?
At Uptown Injury Law, our lawyers secure traffic surveillance, MTA accident reports, onboard bus data, and operator statements to determine liability. We also assess the accident scene to document vehicle positions, impact points, and roadway conditions to determine how the bus accident happened.
Moreover, our team examines bus driver records, training history, and prior safety violations to establish driver negligence. To prove mechanical issues, we also analyze bus maintenance records to identify potential causes of the MTA accident. With over $100 million recovered in settlements over the past 15+ years, our team has the experience needed to pursue full compensation for your losses. Contact us for a free case review.
Do You Have To Attend A 50-H Hearing For An MTA Bus Accident Claim?
Yes, you have to attend a 50-H hearing after filing an MTA bus accident claim. This hearing allows transit authority attorneys to question you under oath about the accident and your injuries. Your testimony is recorded and preserved for use throughout the legal process to challenge the severity of your injuries. Additionally, the transit authority schedules a 50-H hearing after you file the Notice of Claim and before you file a lawsuit.
When Can You File A Lawsuit After An MTA Bus Accident?
You can file a personal injury lawsuit within one year and ninety days from the accident date under New York General Municipal Law §50-i. However, before filing suit, you must first serve a Notice of Claim within ninety days and wait at least thirty days before filing the lawsuit. In wrongful death claims, the 90-day period begins after the court appoints an estate representative.
Although these deadlines are strictly applied, courts may allow limited exceptions in the following situations:
- Actual Knowledge: The court considers whether the government entity already knew the essential facts of the accident.
- Reasonable Excuse: It includes hospitalization, serious medical incapacity, or other conditions that prevented timely filing.
- No Substantial Prejudice: The court evaluates whether the delay impaired the government’s ability to investigate or defend the claim.
- Injured Minor: If the injured party was under eighteen at the time of the accident.
Can You Recover Pain And Suffering Damages In An MTA Bus Case?
Yes, you can recover pain and suffering damages in an MTA bus case. These damages can provide compensation for your emotional distress and loss of enjoyment of life. However, you must prove that the accident caused serious injuries that exceed the no-fault insurance limits. To support this claim, you should provide medical records that clearly show how your injuries reduce your quality of life.
How Much Is A Bronx MTA Bus Accident Case Worth?
A Bronx MTA bus settlement case can range from tens of thousands to several million dollars, depending on injuries and liability. If you have minor injuries, a case may resolve for a few thousand dollars. However, if your case involves multiple parties and serious injuries that require surgery, compensation often reaches six or seven figures. In fact, our lawyers have recently secured $4.8 million in an MTA bus accident case involving multiple vehicles and severe injuries caused by safety violations. If you are dealing with a city or MTA bus accident, contact our lawyers to secure the maximum compensation available under New York law.
What If The MTA Claims You Were Partially At Fault?
You can still recover compensation even if you were partially at fault for your injuries, but your compensation is reduced by your percentage of fault under the New York pure comparative negligence rule. For example, if you are 20 percent at fault and your total damages equal $100,000, you will recover $80,000.
During the claims process, transit authorities often attempt to shift blame and reduce your compensation. They may claim the bus operated normally, and your own actions caused the injury. Therefore, you should gather strong evidence, such as bus footage and witness statements, to challenge these arguments.
Hit By An MTA Bus In The Bronx? Uptown Injury Law, PLLC, Can Help You File A Claim — Call Us Now!
After a serious bus accident, you may be dealing with medical treatment, lost income, and financial uncertainty, while New York law imposes strict procedural rules that must be followed to protect your claim. Even a simple filing mistake or missed deadline can limit the compensation you’re entitled to recover.
Recognized by National Trial Lawyers Top 40 Under 40, our lawyers at Uptown Injury Law, PLLC, manage all filings and hearings to prevent procedural errors. Moreover, our team works with accident reconstruction experts and medical providers to calculate future medical bills and long-term losses. Call 917-540-8728 or visit The Bruckner Building, 2417 Third Ave, Suite 505, Bronx, for a free case review.
FAQs
How Long Does an MTA Bus Injury Claim Usually Take to Resolve?
An MTA bus injury claim can take one to two years to resolve, depending on the complexity of your case. If you suffer severe injuries in an MTA bus crash, recovering compensation can take several years. However, if your injuries are minor and liability is clear, you can often recover damages within several months.
Should I Speak to the MTA’s Insurance Adjuster Before Talking to a Lawyer?
No, you should not speak to the MTA’s insurance company before consulting a bus accident lawyer. Adjusters often use your statements to shift blame or reduce compensation after a city bus crash. To counter these strategies, a lawyer handles all communication and conducts a thorough investigation. It will help you get maximum compensation for medical bills and lost wages.
What if the Bus Driver Was Distracted or Using a Phone?
If the bus operator was using a phone, you can prove liability by using phone records, onboard data, and witness statements. These records will prove that drivers violate transit safety rules and increase liability. Moreover, video footage, GPS data, and MTA logs can also reveal distraction patterns, which can significantly support your claim.
Can Social Media Posts Affect My MTA Bus Accident Claim?
Yes, social media posts can negatively affect your MTA bus accident claim. Insurers often review posts to dispute injury severity or daily limitations. Even simple photos or comments may be misinterpreted and used against you. Therefore, you should limit online activity to protect your credibility. It will help you in preserving your ability to pursue substantial compensation for your medical expenses and lost wages.
What if the MTA offers a Quick Settlement? Should I Accept?
No, you should not accept a quick settlement without legal review. Early offers often undervalue future medical care, lost income, and the long-term effects of a crash. Once you accept this settlement, you can not seek additional compensation for your damages. Therefore, to secure proper financial support for recovery, you should hire a lawyer who calculates the full impact of your injuries.
Should I Sign the Medical Authorizations the MTA Sends Me?
No, you should not sign the medical authorizations the MTA sends without legal guidance. These forms often allow broad access to the entire medical history. This access allows the Metropolitan Transportation Authority (MTA) to use your past medical records to challenge your injury or reduce the compensation you deserve.
Are There Limits or Special Rules on Suing Public Agencies Like the MTA?
Yes, there are strict limits and special rules to sue public agencies like the MTA. You must first file a Notice of Claim within ninety days of the accident. After that, you must attend a 50-H hearing and give sworn testimony under oath. Once you have completed these filing requirements, you can file a lawsuit within one year and ninety days.
