The law that applies to your claim
GML §50-e — ninety days, not three years
A claim against a public transit authority, a municipality or a school district generally requires a notice of claim within 90 days of the accident, with suit to follow within one year and 90 days. Westchester’s Bee-Line, the MTA and school districts are all public entities. This is the deadline that ends bus cases.
Ordinary reasonable care — Bethel v. NYCTA
New York once held common carriers to a heightened duty. The Court of Appeals ended that: a bus operator owes the same duty of reasonable care under the circumstances as any other driver. The claim is proved on ordinary negligence.
No-fault covers passengers
A passenger injured on a bus generally claims no-fault benefits for medical treatment and a portion of lost earnings, subject to the 30-day filing rule. Pain and suffering still requires clearing the serious injury threshold of Insurance Law §5102(d).
Establish who owns the bus first
Everything follows from this. A Bee-Line, MTA or school-district bus is a public entity with a 90-day notice requirement. A private charter, tour, casino or shuttle operator is an ordinary defendant with the usual three-year period.
Liveries and contracted operators muddy it further — a bus in municipal livery is sometimes run by a private contractor under agreement. Getting this wrong is fatal to the claim, so it is the first thing we establish, not the last.
How people are hurt
- Passengers thrown by sudden stops, hard turns or acceleration before seating
- Falls boarding or alighting, including at a stop short of the curb
- Doors closing on passengers or clothing
- Collisions with other vehicles, cyclists and pedestrians
- Pedestrians struck by a turning bus
- School bus incidents, including loading and unloading
The evidence is good if you move fast
Buses are heavily instrumented. Most carry multiple interior and exterior cameras, GPS and telematics recording speed and braking, and the operator files a report the same day. Transit agencies also log passenger complaints about specific operators.
All of it is retained on a schedule and much of it cycles within weeks. A preservation demand and a Freedom of Information Law request need to go out immediately — and the notice of claim is running the whole time.
How long you have to act
- Three years from the date of the accident for most negligence claims (CPLR §214).
- Two years for wrongful death (EPTL §5-4.1).
- 90 days to serve a notice of claim where a city, county, school district, transit authority or other public body is involved (General Municipal Law §50-e), with suit generally within one year and 90 days.
The 90-day rule is the one that quietly ends otherwise strong cases. If a public entity may be involved, that is the first thing to check — not the last.
What it costs
Nothing up front. These cases are handled on contingency: there is no fee unless we win, and the consultation is free. You will be told the percentage and how expenses are handled, in writing, before you sign anything.
Common questions
I missed the 90 days. Is there anything to do?
Possibly. A court may permit a late notice of claim in defined circumstances, weighing whether the entity had actual knowledge and whether it is prejudiced. It is discretionary and never guaranteed, so it should be pursued immediately.
I was hurt but the bus never touched me.
A bus that forces another vehicle to swerve or brake can still be responsible. Physical contact is not required to establish negligence.
My child was hurt getting off a school bus.
Districts and their contractors owe duties around loading and unloading, and motorists must stop for a stopped school bus. A minor’s time to sue may be extended, but the 90-day notice against a public entity generally is not — treat it as urgent.
