Bus drivers on Long Island, and their employers, are legally classified as "common carriers." A common carrier is a company that transports passengers for a fee. Because you place your safety entirely in their hands when you step aboard, New York law holds them to a standard of care.
This means they have a legal duty to use caution to ensure your safety from the moment you board the bus until you have safely exited, and a Long Island bus accident lawyer can explain how this duty applies to your situation. This standard applies to public transit like the Nassau Inter-County Express (NICE) Bus and Suffolk County Transit, as well as school buses and private charters.
Proving that a driver or company breached this duty of care involves a detailed investigation into specific operational standards, maintenance logs, and driver history. The process is further complicated by short deadlines if a government entity is involved.
If you have a question about an injury you or a loved one sustained on a bus, we are here to help. Call William Mattar Law Offices at (516) 444-4444.
Key Takeaways for Long Island Bus Accident Claims
- Bus drivers are "common carriers" held to a safety standard. This means they must use caution to protect passengers, which is a stricter requirement than for regular drivers.
- Claims against public buses like NICE have a very short deadline. You must file a formal "Notice of Claim" within 90 days of the accident upon the appropriate entity, or you could lose your right to compensation.
- Responsibility may extend beyond the driver to the bus company, maintenance crews, or even government entities. A thorough investigation identifies at-fault parties to maximize your potential recovery.
What Does Reasonable Care Actually Mean in New York?
New York law requires bus drivers and their employers to exercise "reasonable care," but what is considered "reasonable" for a common carrier is far more demanding than for a regular motorist, which can directly affect the deadline to file a claim.
This heightened duty of care covers specific actions and responsibilities. Our firm would investigate whether the carrier failed in any of these duties:
Safe Place to Get On and Off
Drivers must stop at locations where passengers board and exit without facing immediate hazards. Forcing you to step out into moving traffic, onto a broken curb, or an icy patch may be a breach of this duty.
Proper Driver Vetting and Training
Bus companies have a duty to hire qualified drivers and provide them with proper training. This includes:
- Medical Fitness: Requiring drivers to undergo medical exams to ensure they are fit for duty.
- Clean Record: Passing mandatory background checks and drug and alcohol screenings as required by state and federal regulations.
- Ongoing Competency: Successfully completing biennial road tests and reviews under the provisions of NY DMV Article 19-A and other standards.
Vehicle Maintenance
The bus itself must be kept in safe working order. This includes regular and documented inspections of brakes, tires, steering, and all safety equipment.
Safe Operation
This duty requires more than obeying traffic laws. It also includes:
- Operating the bus smoothly to prevent falls from sudden stops or starts.
- Assisting elderly or disabled passengers when necessary.
- Protecting passengers from foreseeable dangers, which sometimes include criminal acts by other passengers.
When a bus company fails in any of these areas and an injury results, it could be found negligent.
How Is a Bus Driver's Duty of Care Breached on Long Island?
Based on our experience handling vehicle accident cases, breaches of a bus driver's duty of care on Long Island frequently happen in a few key ways:
- Driver Fatigue: Unions and safety advocates have raised concerns about long hours and the risk of tired drivers behind the wheel. A fatigued driver's reaction time slows, and their judgment is impaired, making accidents more likely.
- Unsafe Stops: A driver may be found negligent for letting a passenger off in an unsafe location, like far from the curb or in a poorly lit area at night. Such actions lead to trip-and-fall injuries or even cause a passenger to be struck by another vehicle.
- Improper Maintenance: While transit authorities like NICE Bus have been working to upgrade their fleets, issues with brake failure, tire blowouts, or malfunctioning doors still occur and may point to company negligence.
- Driver Error and Distraction: This includes common driving errors like speeding, tailgating, or running red lights, as well as being distracted by a phone or another device. Onboard cameras are now frequently used to document this type of behavior.
- School Bus Specifics: Incidents at bus stops, such as not waiting for children to be safely clear of the bus before moving, represent a serious breach of duty. The law requires a specific CDL for school bus drivers due to the particular vulnerability of their passengers.
Try to recall every detail you remember about the driver's actions and the condition of the bus, especially if you were involved in a Long Island bus crash. Your memory of these events provides a valuable starting point for our investigation into whether a breach of duty occurred.
Who Can Be Held Responsible for a Bus Accident?
After a bus accident, several parties could be responsible for your injuries. Our job is to identify all of them to ensure you pursue compensation from every liable entity.
- The Bus Driver: The individual driver is held personally liable if their direct actions—like speeding, distracted driving, or running a red light—caused the accident.
- The Bus Company or Transit Authority: Under a legal principle called vicarious liability, the employer is typically responsible for the negligent actions of its employees while they are on the job. We can pursue a claim against the company for:
- The driver's negligence.
- Its own direct negligence, such as failing to train the driver properly or not maintaining the bus.
- Maintenance Companies: Some bus companies outsource their vehicle maintenance. If a crash was caused by a mechanical failure, such as faulty brakes, the third-party maintenance company could be at fault.
- Other Drivers: If another vehicle caused the bus to crash, that driver and their insurance company would also be part of the claim.
- Government Entities: If a poorly maintained road or a malfunctioning traffic signal contributed to the accident, the city, county, or state responsible for its upkeep might be liable. Claims against government bodies have unique rules and very short deadlines that must be followed precisely.
What Are the Deadlines for a Bus Accident Claim in NY?
In New York, you generally have three years from the date of an accident to file a personal injury lawsuit. However, when the bus is owned or operated by a government entity, the timeline shrinks considerably, especially if you were injured as a passenger.
Notice of Claim:
- The Rule: For claims against most municipal entities, which includes NICE Bus or county-run transit systems, you must file a formal "Notice of Claim" within just 90 days of the accident.
- What This Means: This is not a lawsuit. It is a legally required document that officially informs the government body of your intent to make a claim.
- The Consequence of Missing It: If you fail to file this notice on time, you may lose your right to sue and recover any compensation, regardless of how strong your case is. Every case is unique.
Statute of Limitations:
- After filing the Notice of Claim, the time limit to actually file the lawsuit is also shorter, typically one year and 90 days from the date of the incident. Every case is unique.
Because these deadlines are strict and unforgiving, contact a personal injury attorney as soon as possible. We can handle paperwork to ensure your rights are protected.
What Should You Do After Getting Home From a Bus Accident on Long Island?
Once you’re back home and the shock wears off, the steps you take over the next few days can shape your entire claim after a bus accident.
Here’s what to focus on after you walk through your front door:
- Get a full medical evaluation. Buses don’t have seatbelts in most cases, so people frequently hit seatbacks, poles, windows, or the floor. Injuries like concussions, whiplash, and joint damage sometimes take a day or two to flare up. Seeing a doctor right away if you suspect injury is important.
- Recall and document everything you remember about the driver, the route, and the moments leading to the injury. Memory fades quickly, especially after something stressful. Details about where you were sitting, how the bus was moving, whether it jolted, or if people were standing in the aisle all help establish what went wrong. These observations become valuable later, especially if the bus company disputes your version of events.
- Request confirmation that bus camera footage exists, and do it immediately. Internal and external bus cameras sometimes overwrite themselves in a matter of days. You don’t need the footage yet; you just need the bus company or transit authority to preserve it. A simple written request helps prevent one of the most important pieces of evidence from disappearing.
- Save the clothing and personal items you were wearing. Torn pants, broken glasses, dented phones, damaged shoes—these items show the physical forces involved in the crash. Put them in a bag and store them safely. They may become useful in proving how you were injured.
- Document your symptoms in a daily journal. Note pain levels, headaches, dizziness, trouble sleeping, or anything that makes daily tasks harder. Bus injuries often create patterns that doctors can connect to specific movements inside the bus, such as sudden stops or sharp turns.
- Hold onto all paperwork the bus company or school district gives you. This includes incident reports, letters, follow-up instructions, or even automated emails. These documents show what the carrier knew about the crash and how quickly they responded. They also help identify the correct agency or company to pursue.
- Avoid giving detailed statements to insurance companies without advice. Carriers may reach out early, asking you to explain what happened. These conversations sometimes lead to misunderstandings or statements taken out of context. You’re not required to answer right away. Waiting for legal guidance protects you from avoidable mistakes.
Frequently Asked Questions About Long Island Bus Accidents
What if I was partly at fault for my injury, like if I stood up while the bus was moving?
New York uses a comparative negligence rule. This means your compensation might be reduced by your percentage of fault, but the common carrier's duty to operate the bus smoothly to prevent falls is still a major factor in the case.
Are the rules different for a NICE Bus versus a private charter bus?
While both are considered common carriers, claims against public entities often require that a Notice of Claim be filed within 90 days. A private company does not have this special requirement, though their insurance policies will have their own deadlines for reporting a claim. Sometimes, however, there is a private-public partnership. Under these circumstances, it is important to consult an experienced attorney as soon as possible.
Does the bus company have to pay my medical bills?
Your initial medical bills will typically be covered by New York's No-Fault insurance. However, for pain and suffering and other costs that exceed your No-Fault benefits, we would pursue a liability claim against the at-fault parties.
What if I was injured as a pedestrian or cyclist hit by a bus?
The common carrier's higher standard of care also extends to protecting other people on the road. You absolutely have the right to file a claim against the bus driver and their employer for your injuries.
Your Path Forward Starts With a Simple Conversation
You may be thinking that taking on a large transit authority is impossible. It is not. The law holds them to a standard of reasonable care for a reason: to protect you. You do not have to figure this all out alone.
Our role is to hold them accountable to that standard. We will handle the investigators, the paperwork, and the deadlines. Your job is to focus on your recovery.
The first step is a phone call. Contact William Mattar, P.C. today at (516) 444-4444.