When a massive MTA bus hits you while you are walking or collides with your vehicle, the resulting injuries and damages can be catastrophic. These accidents often result in severe injuries, totaled vehicles, and MTA may immediately work to shift blame away from their bus driver.
Under New York law, bus operators are held to a standard of reasonable care, and you have the right to hold them accountable when their negligence harms you.
Whether you were crossing the street, driving through an intersection, or stopped in traffic when an MTA bus hit you, proving the bus operator's fault requires knowing what evidence exists, how to preserve it before it disappears, and what legal standards apply to bus drivers. The MTA won't simply accept responsibility; you need to build a strong case with solid evidence and experienced legal representation to recover the compensation you are entitled to.
Key Takeaways About Being Hit by an MTA Bus
- MTA buses are held to a "common carrier" standard requiring reasonable care for public safety
- Bus surveillance cameras, GPS data, and electronic control systems can provide crucial evidence of driver negligence
- You must file a Notice of Claim within 90 days of the accident to preserve your right to sue the MTA
- Bus drivers do not have the automatic right-of-way when pulling from stops—they must yield to traffic
- Common causes of MTA bus crashes include distracted driving, failure to check blind spots, running red lights, and unsafe speeds
Understanding Bus Operator Negligence
MTA bus operators are professional drivers operating massive vehicles in dense urban environments. The law recognizes the danger these vehicles pose and, in a sense, holds operators to a higher standard than ordinary drivers.
The Common Carrier Standard
As common carriers, MTA buses must exercise reasonable care not just for their passengers, but for everyone sharing the road, including pedestrians, cyclists, and other drivers. This heightened duty means bus operators can be held liable for conduct that might not constitute negligence for a regular driver.
This standard requires bus operators to:
- Maintain constant awareness of their surroundings, particularly blind spots
- Anticipate pedestrian movements at crosswalks and bus stops
- Check mirrors and blind spots thoroughly before any maneuver
- Operate at speeds appropriate for conditions and traffic density
- Follow all traffic laws with extra caution, given the vehicle's size and weight
- Avoid distractions, including cell phones, eating, or extended conversations
- Allow extra time and distance for the bus's slower acceleration and longer stopping distances
Common Forms of Bus Operator Negligence
Bus accidents typically result from specific, preventable driver errors, such as:
- Failure to check blind spots: Buses have significant blind spots along their sides and rear. Operators must physically check these areas before changing lanes, merging, or turning.
- Pulling from stops without yielding: When pulling away from a bus stop, operators must yield to traffic that has the right-of-way. Buses do not have automatic priority to re-enter traffic lanes.
- Running red lights or stop signs: The pressure to maintain schedules sometimes leads operators to rush through intersections unsafely.
- Distracted driving: Despite regulations prohibiting it, some operators use cell phones, adjust controls, or interact with passengers instead of keeping their attention on the road.
- Speeding or driving too fast for conditions: Maintaining bus schedules sometimes encourages unsafe speeds, particularly in residential areas or during adverse weather.
- Improper turns: Right-hand turns are particularly dangerous as buses must swing wide, potentially striking pedestrians in crosswalks or vehicles alongside.
- Following too closely: Buses need significantly more stopping distance than cars, yet some operators tailgate, leaving insufficient space to avoid rear-end collisions when traffic stops suddenly.
Critical Evidence in Bus vs. Pedestrian/Vehicle Accidents
Building a strong case against the MTA requires securing evidence quickly before it's lost or destroyed.
Onboard Surveillance Cameras
Modern MTA buses are equipped with multiple cameras that record continuously. This footage is invaluable for proving fault, but it's only retained for a limited period before being recorded over. Without a formal preservation request, this evidence may disappear forever.
GPS and Telematics Data
MTA buses are equipped with GPS tracking and electronic systems that record:
- Vehicle speed at all times
- Location data showing the bus's exact position and route
- Braking events indicating when and how hard the operator applied brakes
- Acceleration patterns revealing aggressive or unsafe driving
- Stop compliance documenting whether the bus actually stopped at stop signs and red lights
This data, like camera footage, must be preserved immediately through legal demands.
Traffic Camera and Surveillance Footage
Many New York City intersections have traffic cameras or nearby businesses with surveillance systems that may have captured the accident. Identifying and preserving this footage requires quick action, as businesses often record over footage within days or weeks.
Physical Evidence from the Scene
Photographs and measurements from the accident scene provide crucial context:
- Skid marks show braking distance and speed
- Vehicle damage patterns indicate points of impact and force
- Debris fields reveal the collision dynamics
- Traffic control devices document signals, signs, and road markings
- Weather and lighting conditions affect visibility and safe speeds
Witness Statements
Pedestrians, other drivers, and passengers who witnessed the accident provide independent accounts of what happened. Their contact information must be gathered immediately, as memories fade and witnesses become difficult to locate over time.
Driver Records and History
The MTA bus operator's personnel file may reveal:
- Prior accidents or safety violations
- Disciplinary actions for unsafe driving
- Training records showing inadequate preparation
- Drug and alcohol testing results
- Hours of service records indicating potential fatigue
This information is obtained through legal discovery after filing suit.
Do Bus Drivers Have Right-of-Way When Pulling from Stops?
This is one of the most common misconceptions about bus accidents. Many people, including some bus operators, incorrectly believe that buses have an automatic right-of-way when pulling away from bus stops.
The Legal Reality
New York Vehicle and Traffic Law does not grant buses automatic priority to re-enter traffic. While buses may use turn signals to indicate their intention to pull out, they must yield to vehicles that have the right-of-way in the traffic lane.
Common Bus Accident Scenarios
Understanding how bus accidents typically occur helps identify negligence and liability.
Pedestrian Accidents at Crosswalks
Pedestrians struck while legally crossing in crosswalks represent some of the most serious bus accidents. These occur when operators:
- Make right turns without checking for pedestrians in the crosswalk
- Fail to yield to pedestrians with the right-of-way at marked crossings
- Block crosswalks, forcing pedestrians to walk around the bus into traffic
- Accelerate through yellow lights, striking pedestrians who began crossing legally
New York law grants pedestrians in crosswalks a clear right-of-way. Bus operators who strike pedestrians in crosswalks are almost always at fault.
Pedestrians Struck While Boarding or Exiting
People boarding or exiting buses are particularly vulnerable, especially when operators:
- Pull away before passengers have safely exited
- Fail to ensure passengers are clear before closing doors and moving
- Position the bus too far from the curb, forcing passengers to step into traffic
- Stop in unsafe locations where passengers must exit into active traffic lanes
Side-Swipe Collisions
Vehicles traveling alongside buses get sideswiped when operators:
- Change lanes without adequately checking blind spots
- Drift across lane markings while distracted or fatigued
- Make wide right turns that sweep into adjacent lanes
- Pull from bus stops into traffic without ensuring the lane is clear
Side-swipe accidents often result in multi-vehicle collisions as affected drivers lose control or are pushed into other vehicles.
Rear-End Collisions
Buses rear-ending stopped or slowing traffic typically indicate:
- Following too closely based on the bus's weight and stopping distance
- Distracted driving leading to delayed recognition of stopped traffic
- Excessive speed making it impossible to stop in time
- Brake failure due to inadequate maintenance
Bus rear-end collisions are particularly dangerous given the massive weight and force involved.
Intersection Collisions
T-bone and angle collisions at intersections occur when bus operators:
- Run red lights or stop signs due to time pressure or distraction
- Misjudge gaps in traffic when making left turns
- Fail to yield right-of-way to vehicles with green lights
- Block intersections causing gridlock and collisions
Injuries Commonly Sustained in Bus Accidents
The massive size and weight of buses—often 40 feet long and weighing 30,000-40,000 pounds—means collisions can cause devastating injuries.
For Pedestrians
Pedestrians struck by buses frequently suffer:
- Catastrophic or fatal injuries from the initial impact
- Traumatic brain injuries from head strikes on pavement
- Spinal cord injuries potentially causing paralysis
- Multiple fractures including pelvis, legs, and ribs
- Internal organ damage and internal bleeding
- Crush injuries if run over by the bus
Pedestrian fatalities in bus accidents are tragically common, and survivors often face permanent disabilities.
For Vehicle Occupants
People in vehicles struck by buses can sustain:
- Whiplash and neck injuries from the force of impact
- Back and spinal injuries including herniated discs
- Head injuries and concussions from striking windows or deployed airbags
- Broken bones
- Chest injuries from seatbelt force or steering wheel impact
- Psychological trauma including PTSD and anxiety about driving
Even seemingly minor collisions can cause serious injuries given the bus's massive weight.
The 90-Day Notice of Claim Requirement
Like all claims against the MTA, you must file a Notice of Claim within 90 days of the accident. This deadline is absolute and applies whether you were a pedestrian struck by a bus or a driver whose vehicle was hit.
The Notice of Claim must include:
- Your name and contact information
- The date, time, and location of the accident
- A description of how the accident occurred
- The nature and extent of your injuries or damages
- The amount of compensation you're seeking
Missing this deadline can permanently bar your claim.
After filing the Notice of Claim, you'll be required to attend a Section 50-h examination where MTA attorneys will question you under oath about the accident. This examination happens before any lawsuit is filed and your testimony can be used against you later, making preparation crucial.
After filing the Notice of Claim, you must wait at least 30 days before suing. For claims against the MTA, the lawsuit must be filed within one year and 90 days of the accident.
Building Your Case Against the MTA
Successfully recovering compensation requires a strategic approach to evidence gathering, legal arguments, and negotiation.
Immediate Evidence Preservation
Your attorney should immediately send spoliation letters demanding that the MTA preserve all evidence, including:
- Bus camera footage from all angles
- GPS and telematics data
- Driver logs and schedules
- The operator's personnel file
- Vehicle maintenance records
- Any incident reports filed
Without formal preservation demands, this evidence disappears—often within 30 days.
Accident Reconstruction
Complex accidents may require accident reconstruction experts who:
- Analyze physical evidence and damage patterns
- Review camera footage and data logs
- Calculate speeds, distances, and timing
- Create demonstrative exhibits showing how the accident occurred
- Provide expert testimony about the operator's negligence
Medical Documentation
Proving the full extent of your injuries requires thorough medical documentation:
- Emergency room records from immediately after the accident
- Diagnostic imaging showing fractures, internal injuries, or soft tissue damage
- Treatment records from all providers
- Expert medical opinions about permanent impairment
- Life care plans projecting future medical needs
- Economic analyses calculating lost earning capacity
Overcoming MTA Defense Tactics
The MTA and its insurers will likely aggressively defend these cases by:
- Blaming the victim: Claiming you were jaywalking, not paying attention, or violating traffic laws. Your attorney must show you were acting legally, and the operator's negligence was the cause.
- Minimizing injuries: Arguing your injuries aren't as severe as claimed or are related to pre-existing conditions. Medical documentation and expert testimony counter these arguments.
- Claiming mechanical failure: Suggesting brake failure or other mechanical issues caused the accident rather than operator error. Maintenance records and expert analysis reveal whether this claim is legitimate.
- Arguing emergency circumstances: Claiming the operator's actions were necessary to avoid a greater harm. Camera footage typically shows whether an actual emergency existed and, if so, whether the operator's actions were reasonable in an emergency context.
Frequently Asked Questions About MTA Bus Accidents
What if the bus driver says I came out of nowhere?
Bus camera footage and witness statements typically reveal the truth. Pedestrians don't materialize from thin air. These claims usually mean the driver wasn't paying adequate attention or failed to check blind spots properly.
Can I get compensation if I was partially at fault?
Yes. New York follows pure comparative negligence, meaning you can recover damages even if you were partially responsible. Your compensation is simply reduced by your percentage of fault.
How long does it take to settle an MTA bus accident case?
This varies significantly. Some cases settle within months after the Notice of Claim is filed; others require filing a lawsuit and may take years. Complex cases involving severe injuries and disputed liability generally take longer to resolve.
What if I was hit by a private bus company, not the MTA?
The same principles apply, though the procedural requirements differ slightly. Private bus companies operating in New York are also common carriers held to a standard of reasonable care. However, they may not require a Notice of Claim or the timing may differ, so consulting an attorney quickly is important.
Contact an Experienced Bus Accident Attorney at William Mattar, P.C. to Learn More
Being hit by an MTA bus—whether as a pedestrian or in your vehicle—can result in catastrophic injuries, overwhelming medical bills, lost income, and long-term disability. The MTA has lawyers and investigators working immediately to minimize their liability and reduce your compensation. You need an attorney fighting just as hard for your rights.
At William Mattar, P.C. we understand the complexities of bus accident cases and the aggressive tactics the MTA uses to defend them. With offices in Buffalo, Rochester, and Syracuse, William Mattar, P.C. can serve clients across New York State, including all five boroughs of New York City. Our team has the resources to preserve critical evidence, build strong cases, and pursue maximum compensation for your injuries.
Contact William Mattar, P.C. today for a free consultation. We'll review your case, explain your rights, and start fighting for the compensation you deserve. Call us now at (844) 444-4444 to learn how we fight to hold the MTA responsible for the harm their negligence caused.