What happens after an MTA bus accident

If you were injured in an accident involving an MTA bus in New York City, you can file a claim for damages against the Metropolitan Transportation Authority. The MTA is a government agency, which means the process differs from suing a private company—you have shorter important date, stricter notice requirements, and a different path to settlement or court.

Most MTA bus accident cases settle before trial. Settlement means the MTA agrees to pay you a sum of money in exchange for you dropping your claim. The amount depends on your medical bills, lost wages, pain and suffering, and the strength of evidence that the MTA was at fault. You do not have to accept the first offer, and you can negotiate.

The process typically takes one to three years from the date of your accident to settlement or judgment. During that time, you will exchange documents with the MTA's lawyers, possibly give a recorded statement, and attend a settlement conference where both sides present their case to a neutral third party.

Key Takeaways

  • You must file a Notice of Claim with the MTA within 90 days of the accident, or you lose the right to sue.
  • The MTA is a government entity, so you cannot sue it the same way you would sue a private bus company.
  • Settlement offers usually come after your medical treatment is complete and your lawyer has gathered evidence of the MTA's fault.
  • Most cases settle for amounts ranging widely based on injury severity, but you can refuse an offer and go to trial.

The 90-day Notice of Claim important date

Before you can file a lawsuit against the MTA, you must file a Notice of Claim within 90 days of the accident. This is a short written statement sent to the MTA's Claims Bureau that tells them you were injured and intend to sue. Missing this important date means you cannot pursue a claim at all, even if you have a strong case.

The Notice of Claim must include your name, the date and location of the accident, a brief description of what happened, and the injuries you suffered. You do not need a lawyer to file it, but many people have a lawyer send it because it must be done correctly and on time. You can file it by mail, email, or in person at the MTA's office in Lower Manhattan.

After you file the Notice of Claim, the MTA has 30 days to respond. They will either deny it outright or ask for more information. If they deny it, you can still file a lawsuit in court, but you must do so within one year and 90 days of the accident. If they ask for more information, provide it promptly—delays can hurt your case later.

Proving the MTA was at fault

To win a settlement or judgment, you must show that the MTA or its bus driver was negligent—meaning they failed to act with reasonable care and that failure caused your injury. This is not automatic just because you were hit by an MTA bus. The MTA will argue that you were partially or fully at fault, or that the accident was unavoidable.

Evidence of fault includes the bus driver's actions (sudden braking, failure to yield, speeding), witness statements, video from the bus or nearby cameras, the accident report filed by police, and informed analysis of how the accident occurred. Your lawyer will request the bus driver's employment record, training records, and any prior complaints about unsafe driving. The MTA must turn over the bus's maintenance records and any mechanical defects that may have contributed.

Comparative negligence rules explore in New York: if you are found to be partially at fault (for example, you were jaywalking), your settlement is reduced by your percentage of fault. If you are found more than 50% at fault, you cannot recover anything. This is why evidence matters—the MTA's lawyers will work hard to shift blame to you.

Medical documentation and damages

The amount of your settlement depends directly on the medical evidence you gather. You must see a doctor as soon as possible after the accident and follow their treatment plan. Keep records of every visit, test, prescription, and therapy session. The MTA's insurance company will review all of this to calculate what they believe your case is worth.

Economic damages are the concrete costs: emergency room bills, surgery, physical therapy, medications, lost wages while you recovered, and future medical care if your injury is permanent. These are the easiest to prove because they have receipts and documentation. Bring all medical bills and pay stubs to your lawyer.

Non-economic damages are pain, suffering, emotional distress, and loss of enjoyment of life. There is no receipt for these, so they are harder to quantify. The MTA will offer a lower number; your lawyer will argue for a higher one based on the severity of your injury, how long recovery took, and whether you have permanent limitations. Cases involving broken bones, spinal injury, or head trauma typically result in higher non-economic damages than minor sprains.

How settlement negotiations work

Once your medical treatment is largely complete and your lawyer has gathered evidence, the MTA's insurance company will make an initial settlement offer. This offer is almost always lower than what your lawyer thinks the case is worth. You are not required to accept it. Your lawyer will counter with a higher demand, and the two sides will negotiate back and forth.

Many cases move to mediation, a meeting with a neutral mediator where both sides present their case and try to reach agreement. The mediator does not decide the case; they help both sides understand the strengths and weaknesses of their positions. Mediation often happens before trial and can move a stalled negotiation forward.

If you and the MTA cannot agree on a settlement amount, the case goes to trial. At trial, a judge or jury hears evidence and decides whether the MTA was at fault and how much to award you. Trials are unpredictable and expensive, which is why most cases settle. However, if the MTA's offer is unreasonably low, trial may be your better option.

What settlement actually covers

When you accept a settlement, the MTA pays you a lump sum. That money must cover all your damages—past medical bills, past lost wages, and compensation for pain and suffering. It does not cover future medical care unless you negotiate a structured settlement, which is rare.

Before you receive the settlement check, your lawyer's fees and costs come out first. In New York, personal injury lawyers typically work on contingency, meaning they take a percentage of your settlement (usually one-third) only if you win. Court costs, informed witness fees, and medical record retrieval fees also come out of the settlement. You should understand these deductions before you accept any offer.

Once you sign the settlement agreement, you give up the right to sue the MTA for that accident ever again. This is why it is important not to settle too early—before you know the full extent of your injuries. If you discover a serious problem months later, you cannot go back and ask for more money.

When to hire a lawyer

You can file a Notice of Claim on your own, but most people hire a lawyer because the process is complex and the MTA has experienced lawyers working against you. A lawyer knows the important date, what evidence to request, how to value your case, and when to push for trial versus accept a settlement.

Many lawyers offer free consultations and work on contingency, so you do not pay anything upfront. During the consultation, bring the accident report, photos of the scene, medical records, and any witness contact information. The lawyer will tell you whether you have a viable claim and what they think it might be worth.

If you decide not to hire a lawyer, be aware that you must still meet all important date and follow all procedures. The MTA's lawyers will not help you, and mistakes can cost you your entire claim. At minimum, consult with a lawyer before accepting any settlement offer.

Frequently Asked Questions

Can I sue the MTA if I was a passenger on the bus?

Yes. Passengers have a duty of care claim against the MTA for injuries caused by the bus driver's negligence, such as sudden braking, failure to yield, or speeding. You still must file a Notice of Claim within 90 days. Passenger cases often settle because the MTA's liability is clearer than in pedestrian cases.

What if the bus hit me while I was crossing the street?

You can still file a claim, but the MTA will argue that you were jaywalking or failed to look both ways. You must prove the bus driver saw you or should have seen you and had time to stop. Witness statements and video are critical in these cases. Comparative negligence may reduce your settlement.

How long does it take to get paid after settlement?

After you sign the settlement agreement, the MTA typically pays within 30 to 60 days. Your lawyer's office will receive the check and deduct their fees and costs before sending you the remainder. Ask your lawyer for a detailed breakdown of deductions before you sign.

What if I was partially at fault for the accident?

New York allows you to recover even if you were partially at fault, as long as you were not more than 50% responsible. Your settlement is reduced by your percentage of fault. For example, if you were 20% at fault and the settlement is $10,000, you receive $8,000.

Can I settle my case without a lawyer?

You can, but it is risky. The MTA's insurance company will offer you less if you do not have a lawyer, and you may miss important date or fail to gather critical evidence. Many lawyers work on contingency at no upfront cost, so hiring one usually does not cost you money—only a percentage of what you win.