The MTA (Metropolitan Transportation Authority) is the pubic transit authority that owns and operates public bus transportation throughout the boroughs of New York City. The bus fleet consists of the MTA Bus and the New York City Transit, and it operates more than 5,000 buses that transport an average of 2.4 million passengers a day. It is the largest public bus authority in North America.
With this amount of bus traffic, bus accidents are a frequent occurrence.
Who can bring a claim against the MTA?
Anyone who has suffered serious injury and who can show that the injury was caused by the MTA’s negligence can bring a claim. Injured parties could be passengers, pedestrians, bicyclists or drivers or passengers in a vehicle that was hit by an MTA bus.
What time limitations exist for filing a claim?
Your attorney must file a notice of claim within 90 days of the date that the serious injury occurred. A notice of claim notifies the agency (public corporation, in this case the MTA) that you are suing it for damages.
After filing the notice of claim, the city has 30 days to review your claim and can offer to settle out of court. When the 30-day waiting period is over, your attorney can commence legal actions for the lawsuit. The lawsuit must be started within one year and 90 days of the date of the loss, damage or injury.
Due to the time constraints for filing a notice of claim, it is wise to consult with an attorney as soon as possible after your accident.
What happens if you fail to file the notice of claim within time?
If you fail to file a notice of claim within 90 days, a special proceeding must be commenced in the Supreme Court. However, it is not within your best interests to delay and it is highly possible you may lose the right to pursue a lawsuit. Exceptions are when the court decides the delay was justified. However, a factor that the court also considers is whether the delay has prejudiced the agency in maintaining a defense on the merits.
When to Seek Legal Help
You are advised to seek legal help immediately. Filing court documents are best left in the hands of competent and experienced attorneys. At Sackstein Sackstein & Lee, LLP, we offer a free initial consultation to discuss your bus accident and evaluate the prospects of representing you in a case.