Key Takeaways
- When a bus or delivery truck strikes a pedestrian in New York City, multiple parties may be liable: the driver, the company that employs the driver, and the vehicle owner.
- MTA bus accident claims require a Notice of Claim filed within 90 days, missing this deadline can eliminate your right to compensation entirely.
- Corporate defendants carry substantial insurance policies and deploy professional claims teams immediately after accidents. Getting legal representation early protects you from losing ground you cannot get back.
- New York's no-fault system covers initial medical expenses, but serious injuries, fractures, spinal damage, traumatic brain injuries, qualify for full compensation beyond no-fault limits.
- Michael Gunzburg, P.C. secured a $1.9 million post-verdict settlement for a Bronx pedestrian struck in a crosswalk by a Liberty Lines Transit bus, and a $2.85 million settlement for a pedestrian hit by a company vehicle making an illegal left turn in the Bronx.
The force of a city bus or a fully loaded delivery truck hitting a pedestrian is not comparable to a car accident. These vehicles weigh anywhere from 10,000 to 80,000 pounds. At even modest speeds, that mass transfers into a human body with devastating effect. Spinal injuries, fractures, traumatic brain injuries, torn ligaments, and internal damage are common outcomes.
The legal picture is also more complicated than a standard car accident case. You are not dealing with one individual and their personal auto policy. You are dealing with a corporation, an employer that knew or should have known about driver safety, vehicle maintenance, and route protocols. That distinction matters enormously for what compensation you can recover.
This article walks you through your rights, the deadlines you cannot miss, and what holding a bus company or delivery fleet accountable actually looks like in New York City.
Who Is Liable When a Bus or Commercial Truck Hits a Pedestrian?
In most pedestrian accidents involving commercial vehicles in Manhattan, liability does not rest with the driver alone.
The driver may have made the specific error, failing to yield, cutting a turn too tight, checking a phone, running a light, but their employer almost always shares legal responsibility for what happened.
The company that employed the driver can be held liable under a legal doctrine called respondeat superior, which holds employers accountable for negligent acts their employees commit in the course of their work. Beyond that, companies have independent obligations: they must hire qualified drivers, conduct proper training, maintain vehicles in safe working condition, and enforce hours-of-service rules that prevent fatigued driving.
The vehicle owner may be a separate entity from the employer. This matters particularly for delivery fleets, where trucks are sometimes leased from third-party companies. In some cases, those vehicle owners can also be held liable for entrusting a vehicle to an unfit driver or failing to maintain it properly.
Government entities, including the MTA, NYC Transit, and private bus operators under contract, present a different path. Their liability runs through specific procedures and shorter deadlines. More on that below.
Understanding who all the defendants are is one of the first things an experienced commercial vehicle attorney does when investigating a case. Insurance coverage may exist across multiple parties, and identifying all of it is how you recover what your injuries actually cost.
What Happens When an MTA Bus Hits a Pedestrian?
MTA bus accidents are among the most legally time-sensitive cases in New York City personal injury law. The rules are different from a standard car accident claim, and the consequences of missing deadlines are permanent.
If an MTA bus, NYC Transit vehicle, or other government-operated bus struck you, you must file a Notice of Claim within 90 days of the accident. This is not a lawsuit, it is a formal document notifying the government entity that you intend to bring a claim. Missing this deadline, for almost any reason, means losing your right to compensation regardless of how serious your injuries are or how clearly the driver was at fault.
After the Notice of Claim is filed, you will be required to attend a Section 50-h examination, a deposition where the transit authority's lawyers question you under oath about the accident, your injuries, and your damages. This is standard procedure, and having legal representation at this stage is important.
Once this process is complete, you can file a lawsuit. That lawsuit must be filed within one year and 90 days of the accident date.
The compressed timeline makes MTA cases some of the most urgent to address. The firm has secured a $1.9 million post-verdict settlement for a pedestrian struck by a Liberty Lines Transit bus in the Bronx, a case where the bus driver's own internal report acknowledged that sun glare obstructed his view, and a witness placed a cellphone in his hand at the time of impact. Cases like that one require early investigation while evidence is fresh and driver logs are still recoverable.
If the bus that hit you was operated by a private company, a charter bus, a school bus contractor, or a private shuttle, the 90-day government deadline does not apply. The standard three-year statute of limitations for personal injury claims in New York applies instead. But even private companies move quickly to protect themselves after accidents, so acting early is still in your interest.
If you were hit by an MTA bus and are unsure whether you filed a Notice of Claim in time, contact an attorney immediately. There are narrow exceptions to the 90-day rule, but they are difficult to obtain and require prompt action.
What Are the Most Common Causes of Bus and Delivery Truck Pedestrian Accidents in Manhattan?
Manhattan's density makes it uniquely dangerous for pedestrians when large commercial vehicles are involved. Streets are narrow, intersections are complex, and the turning radius of a full-size bus or delivery truck requires drivers to exercise exceptional care.
Illegal or unsafe turns are one of the most common causes. A bus swinging wide on a left turn, or a delivery truck cutting a right turn from the middle lane, can strike pedestrians who are lawfully in the crosswalk. New York Vehicle and Traffic Law establishes clear duties for drivers making turns at intersections, violations create strong liability. The Manhattan illegal turn pedestrian accident page covers this in detail.
Failure to yield at crosswalks is another consistent pattern. Pedestrians crossing with a signal, within a marked crosswalk, have a legal right of way that commercial vehicle drivers routinely ignore, particularly when they are behind schedule or distracted.
Distracted driving affects commercial drivers as much as any other category. Drivers checking route apps, dispatch systems, or phones while navigating busy intersections is a documented problem with delivery fleets. Cell phone records and in-cab telematics data can establish distraction in litigation. The distracted driver pedestrian accidents page explains how that evidence is used.
Fatigued driving is particularly relevant for long-haul delivery drivers. Federal hours-of-service regulations limit how many hours commercial drivers can operate, and violations of those rules are evidence of negligence.
Poor vehicle maintenance - worn brakes, faulty mirrors, malfunctioning turn signals, can be an independent basis for liability against both the driver and the fleet owner.
Each of these causes leaves a distinct evidentiary trail. An experienced Manhattan pedestrian accident lawyer knows what to look for and how quickly evidence disappears after a commercial vehicle accident.
What Should You Do Immediately After Being Hit by a Bus or Truck?
The steps you take in the hours and days following the accident have a direct impact on your claim. Here is what matters most.
Call 911 and get a police report. In any accident involving a commercial vehicle, law enforcement should respond. The police report documents the driver's information, the vehicle identification, the company name, and the officer's observations about the scene. Get the report number before you leave.
Get the driver's information and the company name. Every commercial vehicle must display the operator's name, DOT number, or company identification. Photograph the truck, the company logo, the license plate, and any vehicle identification numbers you can see.
Document the scene. Photographs of the crosswalk, the traffic signals, skid marks, debris, and the position of the vehicle tell a story that words cannot fully capture. If you are too injured to do this yourself, ask a bystander or call someone who can.
Get witness contact information. People who see bus and delivery truck accidents in Manhattan frequently stop because the events are dramatic. Their accounts are valuable, and they disperse quickly.
Seek medical attention the same day. Even if you feel able to walk away, the adrenaline response following a high-impact accident can mask serious injuries. Traumatic brain injuries, spinal fractures, and internal damage can all present with delayed or minimal symptoms initially. Pedestrian accident injuries of this type require immediate documentation to establish causation, gaps in medical treatment are frequently used by defense lawyers to undermine claims.
Do not give a recorded statement to the company's insurance team. After a serious bus or truck accident, the company's insurance adjuster will contact you quickly. They are not trying to help you, they are gathering information to limit what they pay. You are not required to speak with them. Refer all communications to your attorney.
Contact a commercial vehicle pedestrian accident attorney as early as possible. If an MTA vehicle was involved, you have 90 days. Even in non-government cases, evidence from dashcams, onboard telematics, and driver logs can be overwritten or destroyed quickly. Legal holds on that evidence need to be established early.
How Do You Prove Negligence Against a Bus Company or Delivery Fleet?
Proving negligence in a commercial vehicle case means establishing four things: the driver (and company) had a duty of care toward you as a pedestrian, they breached that duty, the breach caused your injuries, and you suffered real damages as a result.
In practice, this means gathering evidence that most individual accident victims do not know exists:
Driver qualification records - licensing, training certifications, prior violations, and drug and alcohol testing results are all discoverable in litigation. A driver with a history of moving violations who was put back on the road creates direct employer liability.
Vehicle maintenance logs - companies are required to maintain inspection and repair records for commercial vehicles. Braking failures, faulty mirrors, and malfunctioning signals can all appear in maintenance records that the company would prefer not to produce.
Electronic logging device (ELD) data - federal law requires most commercial drivers to use electronic logging devices that track driving hours, location, and speed. This data can prove speeding, establish driver fatigue, or place the vehicle at the scene.
Dashcam and surveillance footage - many commercial vehicles have front and rear dashcams. City traffic cameras, nearby business security systems, and residential doorbell cameras may also have captured the accident. This footage has strict retention windows, often as short as 30 days, which is why preservation demands need to go out immediately.
Dispatch records and route logs - delivery schedules that put unrealistic time pressure on drivers, or GPS records showing erratic driving patterns, can establish that the company's operational practices contributed to the accident.
Michael Gunzburg, P.C. handles all of this investigation. The firm's 39+ years of trial experience includes understanding how corporate defendants document their operations, where they try to conceal unfavorable evidence, and how to compel production of records they would rather not disclose.
If you were struck in a crosswalk, the Manhattan crosswalk accident claims page explains how crosswalk-specific evidence strengthens the liability picture.
What Compensation Can You Recover?
Being struck by a bus or delivery truck typically results in serious, often permanent injuries. The compensation available reflects that severity.
Medical expenses - emergency care, surgery, hospitalization, physical therapy, medication, specialist visits, and future medical costs if treatment will continue. Michael Gunzburg's background as a Certified Public Accountant is particularly relevant here: calculating lifetime medical costs and future lost earnings is a financial analysis, not just a legal one, and his dual credentials allow him to build that case with the same rigor an economic damages expert brings.
Lost wages - income you were unable to earn during recovery, and future earning capacity if your injuries prevent you from returning to your occupation.
Pain and suffering - compensation for the physical pain, emotional distress, and impact on quality of life that follow a serious commercial vehicle accident. New York law allows recovery for these non-economic damages when injuries are serious.
Permanent disability or disfigurement - injuries that leave you with lasting limitations on your mobility, function, or appearance are separately compensable.
Wrongful death damages - if a family member was killed by a bus or commercial truck, their surviving family may be entitled to recover under New York's wrongful death statute. The firm's wrongful death page covers the specific damages available and who can bring a claim.
For pedestrian accident victims considering the financial scope of their case, the Manhattan pedestrian accident compensation page provides a detailed breakdown of economic and non-economic damages.
What Is the Deadline to File a Claim After a Bus or Truck Accident in NYC?
The timeline depends on who owns and operates the vehicle:
MTA, NYC Transit, or other government-operated buses: Notice of Claim within 90 days of the accident. Lawsuit must be filed within one year and 90 days.
Private companies (delivery fleets, charter buses, rideshare contractors): Standard personal injury statute of limitations of three years from the date of the accident.
City-contracted private operators: May be treated as government entities depending on the nature of the contract. Confirm with an attorney immediately.
These deadlines are strict. Courts rarely grant exceptions, and the consequences of missing them are permanent. If you are uncertain about which category applies to your accident, that question should be answered before anything else.
Frequently Asked Questions
Can I sue the MTA if I was hit by an MTA bus?
Yes, but the process is more involved than suing a private company. You must file a Notice of Claim within 90 days of the accident, attend a Section 50-h examination, and file your lawsuit within one year and 90 days. The MTA has experienced defense lawyers and will fight these claims aggressively. The firm has secured significant recoveries from the MTA and private transit companies, including a $1.9 million post-verdict settlement for a Bronx pedestrian struck at a crosswalk by a Liberty Lines bus.
What if the delivery truck that hit me was a subcontractor, not the main company?
This is common with large retailers and logistics companies that use third-party delivery fleets. The identity of the actual employer matters, but it does not necessarily eliminate liability for the company that hired them. Courts have found that when a company exercises sufficient control over how delivery drivers operate, including requiring them to wear branded uniforms or use company apps, those drivers may be treated as employees for liability purposes. This is fact-specific and requires investigation.
What if I was partially crossing against the signal when I was hit?
New York follows a pure comparative negligence standard, meaning you can still recover compensation even if you were partly at fault. Your recovery is reduced by your percentage of fault, so if you were found 20% responsible, you recover 80% of your damages. Insurance companies will attempt to exaggerate your share of blame to reduce what they pay. Establishing the driver's negligence, particularly violations of traffic law or company policies, directly limits how much fault gets assigned to you.
How long does a commercial vehicle pedestrian accident case take?
It depends on the severity of injuries and who the defendants are. Cases involving the MTA have mandatory procedural steps that add time. Cases against private companies follow the standard litigation track. Most serious commercial vehicle pedestrian cases take one to two years to resolve, with complex cases sometimes taking longer. The firm does not pressure clients into early settlements before the full extent of injuries is understood.
Do I have a case if the bus or truck didn't make direct physical contact with me, I fell trying to get out of the way?
Potentially, yes. New York courts have recognized claims where a pedestrian was injured as a foreseeable result of a driver's negligent conduct, even without physical contact. These cases require strong evidence of the driver's actions and a clear causal link to your fall. Speak with an attorney before concluding you have no claim.
What if the driver had a green light when he hit me?
Having a green light does not eliminate the duty to yield to pedestrians in the crosswalk. New York Vehicle and Traffic Law requires drivers to exercise due care at intersections, including watching for pedestrians who may be lawfully crossing. A driver proceeding on a green light who strikes a pedestrian with a walk signal can still be found fully negligent.
The Firm Has Handled These Cases Before
The $1.9 million post-verdict settlement referenced above involved a 57-year-old woman struck in a crosswalk at Jerome Avenue and East Knightsbridge Avenue in the Bronx. The Liberty Lines Transit bus driver's own internal report admitted he did not see her. A witness confirmed the driver had a phone in his hand. The defense argued the bus did not make contact, witnesses contradicted that. After trial, the defendant agreed to a settlement.
The $2.85 million settlement involved a 55-year-old woman crossing within the crosswalk at Gerard Avenue and 153rd Street in the Bronx. The driver was operating a company vehicle making a left turn and failed to yield. She suffered injuries to her head, neck, shoulder, lower back, and both knees, requiring arthroscopic surgeries, an anterior discectomy and cervical fusion, and months of physical therapy.
These results are not guarantees, but they reflect the firm's history with exactly this type of case and this type of defendant.
Hit by a Bus or Truck in Manhattan or Anywhere in New York City? Call Michael Gunzburg, P.C.
If a bus, delivery truck, or other commercial vehicle struck you while you were walking, you are facing a legal situation that moves quickly and carries real consequences if handled alone. Corporate defendants and government entities protect themselves immediately after accidents. You deserve the same.
Michael Gunzburg, P.C. represents pedestrian accident victims throughout Manhattan and all five boroughs, including the Bronx, Brooklyn, Queens, and Staten Island, as well as Nassau and Suffolk Counties. The firm handles commercial vehicle pedestrian cases on a contingency fee basis, which means no fees unless you win.
Call (212) 725-8500 for a free consultation, or reach out online. Calls during business hours are answered by the firm's staff. After-hours inquiries receive a callback within 24 hours.
This article is for general informational purposes and does not constitute legal advice. Laws and deadlines referenced reflect New York State law as of the publication date and are subject to change. Consult an attorney for guidance specific to your situation.
Related Pages
- Manhattan Bus and Commercial Vehicle Pedestrian Accident Lawyer
- Manhattan Pedestrian Accident Lawyer
- NYC Bus and Train Accident Attorney
- Manhattan Crosswalk Accident Claims
- Manhattan Hit and Run Pedestrian Accident
- Pedestrian Accident Injuries: Types and Recovery
- Manhattan Pedestrian Accident Compensation
- Pedestrian Accident Insurance Coverage
