At Main Street and Roosevelt Avenue in Flushing, buses converge from every direction. More than a dozen routes terminate or pass through the area, feeding the 7 train and the LIRR. Thousands of pedestrians cross in front of them every hour. It is one of the busiest bus hubs in New York City, and a vivid example of a fact that gets lost in most bus accident articles: many of the people hurt by buses are not passengers. They are pedestrians in crosswalks, cyclists in bus lanes and drivers in the next lane.
This article focuses on them. If a bus hit you while you were walking, biking or driving anywhere in the borough, a bus accident lawyer Queens NY residents trust can explain how your claim works, from the no-fault rules to the short deadline for suing the MTA.
Why Buses Hit People Outside the Bus
- Left turns. A bus turning left across a crosswalk can strike pedestrians who are crossing lawfully with the signal. The bus’s size, its A-pillars and mirrors create blind spots that hide pedestrians at exactly the wrong moment.
- Right turns. Buses swing wide and their rear wheels track inward, catching cyclists and pedestrians on the corner.
- Pulling into and out of stops. Buses merging back into traffic cut off cars and cyclists; buses pulling to the curb can strike cyclists in bike lanes.
- Rear-end and sideswipe crashes in congested traffic.
- Speed and schedule pressure. Operators trying to stay on schedule may push through yellow lights or turn quickly.
The MTA has adopted safety measures over the years, including operator training focused on pedestrian safety, audible turn warnings on some buses, and mirrors designed to reduce blind spots. When those measures fail, or an operator does not follow training, people get hurt.
Who Operates Queens Buses
Queens local and express buses are operated by MTA New York City Transit and MTA Bus Company. Which one operates your route matters for the Notice of Claim. The bus number, route and depot records identify the operator.
The 90-Day Notice of Claim
Before suing the MTA entity, you generally must serve a written Notice of Claim within 90 days of the crash. The MTA may require a 50-h examination, and a lawsuit must generally be filed within one year and 90 days. These deadlines apply to pedestrians, cyclists and drivers just as they do to passengers.
No-Fault: Different for Each Victim
Buses are generally excluded from the no-fault law’s definition of motor vehicle for purposes of benefits to bus occupants. For people outside the bus, the analysis differs:
- Drivers of cars hit by buses generally claim no-fault under their own auto policy.
- Pedestrians and cyclists generally look to a household auto policy for no-fault benefits. Whether benefits are available from the bus’s coverage is a technical question that depends on how the law treats the bus; a lawyer should review it promptly.
Because the rules are complex, file any applicable no-fault applications within 30 days and get advice early.
The Serious Injury Threshold
Whether the serious injury threshold limits your claim against the bus operator depends on the no-fault analysis for your situation. Courts have addressed these questions in different contexts, and the answer can turn on facts. Many pedestrian and cyclist injuries from buses, such as fractures, meet the threshold regardless.
Proving Fault Against a Bus
- Bus cameras: many MTA buses have interior and exterior cameras. Request preservation immediately.
- Automated camera enforcement: the MTA’s bus-mounted cameras that enforce bus lane and bus stop rules may have captured relevant footage of the street.
- GPS and bus location data: showing speed and timing.
- Operator records: training, discipline and prior incidents, obtained in litigation when relevant.
- Traffic signal timing: showing who had the right of way.
- Witnesses: passengers and bystanders.
- Police report from the local precinct.
New York City’s right-of-way law (Administrative Code Section 19-190) applies to bus operators as well as other drivers, making it a violation to fail to yield to a pedestrian or cyclist with the right of way and cause injury.
Queens Hot Spots
- Flushing: Main Street, Roosevelt Avenue and Kissena Boulevard, with heavy bus volumes and crowded crosswalks.
- Jamaica: Archer Avenue, Jamaica Avenue and Parsons Boulevard, a major bus hub near the LIRR and subway.
- Woodhaven and Cross Bay Boulevards: Select Bus Service with dedicated lanes and high speeds.
- Northern Boulevard and Hillside Avenue: long corridors with frequent stops.
- Merrick Boulevard and Guy R. Brewer Boulevard in southeast Queens.
Comparative Fault
If you were crossing against the signal or riding outside a bike lane, New York’s pure comparative negligence rule reduces your recovery by your share of fault rather than barring it. Bus operators still must exercise due care.
What To Do After Being Hit by a Bus
- Call 911 and get medical care.
- Note the bus number, route number and direction.
- Photograph the bus, the scene, signals and your injuries.
- Get witness names, including passengers.
- Get the police report number.
- File applicable no-fault claims within 30 days.
- Contact a lawyer immediately to serve the Notice of Claim within 90 days and preserve video.
What a Claim Can Include
Medical expenses, past and future lost earnings, pain and suffering, scarring and disfigurement, future care, and property damage to your bike or car. In fatal crashes, the estate may bring wrongful death and survival claims, with a Notice of Claim generally due within 90 days of the appointment of the estate’s representative.
Deadlines
- Notice of Claim against the MTA: 90 days.
- Lawsuit against the MTA: generally one year and 90 days.
- No-fault applications: 30 days.
- Wrongful death: two years, with notice requirements.
For MTA bus information, see MTA.info. For city pedestrian safety data, see Vision Zero.
We Take On the Transit Authority
Mushiyev Law represents pedestrians, cyclists, drivers and passengers hurt by MTA buses across Queens. We serve notices quickly, preserve bus video and build the case. There is no attorney fee unless we recover money for you. Visit our home page or contact us.
Directions From Queens to Our Rosedale Office
Mushiyev Law is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, beside the Cross Island Parkway and the Belt Parkway interchange.
From Main Street in Flushing, take the Van Wyck Expressway south to the Belt Parkway east and the Cross Island Parkway to Rosedale.
Three Queens Scenarios
The Flushing crosswalk. A hypothetical shopper is crossing Main Street with the walk signal when a bus turning left from Roosevelt Avenue strikes her, fracturing her pelvis. The bus’s exterior camera captures the turn. Under the city’s right-of-way law and general negligence principles, the operator failed to yield. Her lawyer serves a Notice of Claim on the correct MTA entity within 90 days, preserves the video, and attends her 50-h examination with her. She has no car in her household, so her no-fault coverage requires careful analysis, while her liability claim against the transit authority proceeds.
The Woodhaven bike lane. A cyclist riding in a painted lane on Woodhaven Boulevard is sideswiped by a Select Bus Service bus pulling toward a stop. He fractures his collarbone and wrist. His household auto policy provides no-fault benefits. Bus lane enforcement cameras and the bus’s own cameras show the bus moving into the lane without checking the right mirror.
The Jamaica rear-end. A driver stopped at a light on Archer Avenue is rear-ended by an MTA bus. Her own auto insurer pays her no-fault benefits. The presumption that the rear driver was negligent applies to bus operators too. Her claim against the MTA requires a Notice of Claim within 90 days, and her injuries are evaluated under the serious injury threshold.
The Human Toll
Because buses are so large, crashes involving pedestrians and cyclists often cause catastrophic injuries: pelvic and leg fractures, crush injuries, traumatic brain injuries and amputations. Recovery can take months or years, and some injuries are permanent. Claims must account for future medical care, lost earning capacity and the effects on family life. Building that picture takes time, but the 90-day notice deadline does not wait, so protect the claim first and develop it over time.
Safety Near Buses
When walking, watch for turning buses even when you have the signal; make eye contact with the operator when you can. When cycling, stay out of a bus’s right side as it approaches a stop, and never pass a bus on the right at an intersection. When driving, give buses room to pull out from stops. Most bus crashes happen in seconds; a moment of extra caution prevents many of them.
Drivers Hit by Buses
When a bus sideswipes or rear-ends a car, the car’s occupants usually claim no-fault benefits under their own auto policy, then pursue the transit authority if their injuries meet the serious injury threshold. Damage to the car is claimed against the MTA as well. Photograph the bus number, which appears on the front, sides and rear, and the route sign. Buses are heavy, and even low-speed impacts can cause significant neck and back injuries for people in passenger cars. Get evaluated promptly and keep records of all treatment and missed work.
Frequently Asked Questions
A bus hit me while I was crossing the street in Queens. What is my deadline?
You generally must serve a Notice of Claim on the MTA entity within 90 days and sue within one year and 90 days.
Do I get no-fault benefits if a bus hits me as a pedestrian?
Possibly through a household auto policy, and the analysis of other coverage is technical. File applicable claims within 30 days and get legal advice promptly.
What evidence exists after a bus crash?
Bus interior and exterior cameras, bus lane enforcement cameras, GPS data, operator records, signal timing, witnesses and the police report.
Are bus drivers subject to the NYC right-of-way law?
Yes. The law applies to bus operators as well as other drivers.
How much does a bus accident lawyer in Queens cost?
Mushiyev Law works on contingency: no attorney fee unless we recover money for you.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.