Bus and public transit accident lawyers for New Jersey and New York

For many people in New Jersey and New York, the bus is how they get to work, school and the doctor. Most trips are uneventful, but when something goes wrong, the injuries can be severe. A passenger thrown forward by a hard stop, a driver rear-ended by a bus, or a pedestrian struck at a bus stop may face surgery and months of recovery.

These cases follow different rules from an ordinary car accident. When the bus belongs to a public agency, the law imposes short notice deadlines and limits the damages you can recover. When it belongs to a private company, federal safety rules and special insurance laws may apply. This page explains the main rules in both states. It is general information, so talk with a lawyer about your own facts as soon as you can.

Why public transit claims are different

In New Jersey, the New Jersey Tort Claims Act governs injury claims against public entities. A “public entity” includes the State and any county, municipality, district, public authority, public agency or other public body.¹ NJ Transit is a public entity, and the New Jersey Supreme Court has applied the Act’s notice rules to a driver who was rear-ended by an NJ Transit bus.²

The Act says no lawsuit may be brought against a public entity or public employee unless the claim was first presented the way the Act requires.¹ That is the notice of claim. Miss it, and a strong case can be lost before it begins.

New York has a parallel system. Claims against New York City Transit, the MTA, cities, counties and many other public bodies require a notice of claim, and the time to sue is much shorter than the usual three years. Our notice of claim guide covers these rules for every kind of public entity.

New Jersey Tort Claims Act deadlines

A claim for injury or death must be presented no later than the 90th day after the claim accrues. After that, you must wait six months from the date the entity receives the notice before you can file suit. A claim is barred if it was not presented on time or if two years have passed since it accrued.³

A claim generally accrues on the date of the accident. In Beauchamp v. Amedio, the injured driver waited to file because she was not sure whether her injuries would prove permanent. The Court held that the claim accrued on the day of the crash, not when permanency became clear.²

If the 90 days have passed, a judge may permit a late notice, but only within one year after the claim accrued. You must show “sufficient reasons constituting extraordinary circumstances” for missing the deadline, and the public entity must not have been substantially prejudiced.³

Limits on damages against public entities

Even a timely claim against NJ Transit faces limits on what a jury can award. The most important involves pain and suffering.

Under the Tort Claims Act, you cannot recover for pain and suffering unless you have suffered a permanent loss of a bodily function, permanent disfigurement or dismemberment, and your medical treatment expenses exceed $3,600.⁴ Both parts must be met.

In Brooks v. Odom, the New Jersey Supreme Court held that a plaintiff must prove by objective medical evidence that the injury is permanent, and that the loss of bodily function must be substantial. Subjective complaints of pain and discomfort are not enough.⁵

Gilhooley v. County of Union shows how that standard works for surgical injuries. A woman whose knee could function only with permanent pins and wires met the threshold, even though surgery restored much of her ability to use it. The Court said damages could be awarded even when function is restored through pins, wires or other artificial devices.⁶

The Act also provides that no punitive damages may be awarded against a public entity, and no interest accrues before judgment. Benefits you receive from insurance or other sources that duplicate part of the award are deducted from it.⁴

The duty a bus operator owes passengers

A bus line that carries the public is a “common carrier.” New Jersey has long held carriers to a high standard. In Harpell v. Public Service Coordinated Transport, a case involving a trolley passenger, the Supreme Court said carriers who accept passengers must use great caution to protect them, described as “the utmost caution characteristic of very careful prudent men.”⁷ In Maison v. New Jersey Transit Corp., the New Jersey Supreme Court held that NJ Transit and its bus drivers owe passengers the same heightened duty of care as other common carriers.¹⁶ The Tort Claims Act’s applicable immunities and other requirements still matter.

New York takes a different approach. In Bethel v. New York City Transit Authority, the Court of Appeals abandoned the old rule of extraordinary care for carriers. A common carrier now owes the same duty as anyone else, reasonable care under all of the circumstances. The Court explained that the circumstances, including the dangers of public transportation, still shape how much care is reasonable.⁸

In both states, common passenger injury claims include sudden stops and starts that throw standing riders, doors that close on passengers, buses that pull away while someone is boarding or getting off, and falls on wet or damaged steps. Collisions with cars, trucks and pedestrians are also frequent.

Who pays your medical bills

This question has different answers depending on where you were and what kind of bus was involved.

In New Jersey

New Jersey PIP covers you and your household family members while occupying an automobile, or as a pedestrian struck by an automobile.⁹ The No Fault Act defines an automobile as a private passenger vehicle that is not used as a public or livery conveyance for passengers.⁹ A bus carrying the public does not fit that definition, so your own PIP may not cover an injury you suffer as a bus passenger. If a bus hits your car, though, you were occupying an automobile, and your own PIP generally applies. Our guide to New Jersey PIP explains how it works.

Private buses are covered by a separate law. The owner or operator of a motor bus registered in New Jersey must maintain medical expense benefits of up to $250,000 per passenger per accident, payable without regard to fault.¹⁰ In exchange, the bus owner and operator are exempt from pain and suffering claims by passengers entitled to those benefits, unless the injury involves death, dismemberment, significant disfigurement or scarring, displaced fractures, loss of a fetus, or a permanent injury, certified by a physician.¹⁰

That law excludes buses owned and operated by NJ Transit, as well as school vehicles, hotel buses and several other types of vehicles.¹⁰ For an NJ Transit passenger, health insurance may be the main source of payment for medical care while the claim is pending.

In New York

New York’s no-fault law has a specific rule for bus passengers. Occupants of a bus, other than operators, owners and employees of the owner or operator, receive first-party benefits under any auto policy covering them and members of their household. If there is no such policy, the bus’s insurer provides the benefits.¹¹ Our guide to New York no-fault explains the 30-day application deadline and what benefits cover.

Claims against the MTA and New York City Transit

Claims against New York City Transit require a notice of claim served on the authority within the time and in the manner required by General Municipal Law § 50-e. The lawsuit cannot be started until at least 30 days after the claim is presented, and an injury action must be commenced within one year and 90 days of the accident.¹² The MTA itself is governed by similar rules.¹²

Under § 50-e, the notice is generally due within 90 days. A court may allow a late notice, but never beyond the time limit for starting the lawsuit. One factor the court weighs is whether the agency learned the essential facts of the claim within the 90 days.¹³

New York City Transit may also require you to be examined under oath about the claim before you sue.¹² Cities, counties and school districts use a similar examination, often called a 50-h hearing, which generally must be demanded within 90 days after the notice is filed.¹³ One caution about subsidiaries. Public Authorities Law § 1276 exempts subsidiary corporations of the MTA from its notice of claim requirement, so identifying the exact operator early matters.¹²

Port Authority claims

The Port Authority of New York and New Jersey runs the Port Authority Bus Terminal, the George Washington Bridge Bus Station, the PATH system and other facilities. Both states consent to suits against it, but on strict terms. A suit must be commenced within one year after the cause of action accrues, and a notice of claim must be served on the Port Authority at least 60 days before the suit is filed.¹⁴

Put those two rules together and the notice must go out at least 60 days before the one-year deadline. As a practical matter, that leaves about ten months after the accident to serve it.

Private, charter and interstate buses

Tour buses, casino buses, commuter lines run by private companies, airport shuttles and intercity carriers are usually not public entities. The Tort Claims Act and municipal notice rules generally do not apply, and the ordinary deadlines for suing do. Those are generally two years in New Jersey (N.J.S.A. 2A:14-2(a)) and three years in New York (CPLR 214(5)).

Private carriers that cross state lines are regulated by the Federal Motor Carrier Safety Administration. A for-hire interstate passenger carrier must carry at least $5,000,000 in financial responsibility for a vehicle seating 16 or more people, including the driver, and $1,500,000 for a vehicle seating 15 or fewer.¹⁵

Federal hours-of-service rules also limit how long a bus driver can work. A passenger-carrying driver may not drive more than 10 hours after 8 consecutive hours off duty, may not drive after 15 hours on duty, and is subject to weekly limits of 60 hours in 7 days or 70 hours in 8 days.¹⁵ A tired driver who broke these rules is strong evidence of negligence, and so are poor hiring, training and maintenance records. Our page on truck accidents explains how federal carrier records are used in commercial vehicle cases.

Evidence in bus cases

Modern buses record a great deal. The challenge is getting that information before it is overwritten.

• Onboard and exterior cameras, which may record over footage on a set schedule.
• Vehicle data showing speed, braking and door operation.
• Dispatch records, radio logs and route schedules.
• The driver’s training, discipline, licensing and medical certification files.
• Maintenance and inspection records for the bus.
• Incident reports filed by the driver and supervisors.
• Names of other passengers who saw what happened.

If you can, write down the bus number, route, time and direction of travel, and photograph any step, door or handrail involved. Get medical care right away and tell the provider exactly how you were hurt.

How Parra Klein handles bus and transit cases

We start with the deadline. On the first day, we identify every public or private entity that may own, operate or maintain the bus, and we prepare and serve each required notice of claim on time. When a deadline has already passed, we evaluate whether a late notice motion is possible.

At the same time, we send preservation demands for video, vehicle data, dispatch records and driver files. We obtain the police report and speak with witnesses while memories are fresh.

We sort out the insurance questions that make these cases confusing, including PIP, no-fault, private bus medical benefits and health coverage, so your medical care can continue. We work with your treating doctors to document permanency with objective evidence, because the Tort Claims Act and the private bus threshold require it. We handle communication with the carriers and transit agencies, and we prepare each case for trial.

Arlene Parra and Juan Carlos Reyes are fluent in Spanish, and we serve clients in Spanish from the first call. We meet clients at our offices in Elmwood Park and Union City, New Jersey, and in Manhattan, and we offer remote consultations. There is no attorney’s fee unless we recover money for you.