Many Korean Americans rely on public transportation. The MTA New York City Transit, which provides bus and subway services centered around Manhattan, and New Jersey Transit, which serves New Jersey, New York, and Philadelphia, are undoubtedly the most accessible modes of transportation for the Korean community. What should you do if an accident occurs while using public transportation? The steps that a passenger who is injured in an accident must take, as well as their legal rights and procedures, differ from those of victims in regular automobile accidents. For example, if a bus traveling from New Jersey to Manhattan is involved in an accident, here are the key points and actions that the injured passenger should be aware of:

“Common Carrier” Law
Transportation providers that offer public transit services are generally subject to “Common Carrier” laws. A “Common Carrier” is defined as a transportation provider that offers services to the general public, including public buses, trains, subways, trolleys, and taxis. Under “Common Carrier” laws, bus drivers are held to a higher standard of negligence than regular automobile drivers. It is reasonable to apply a higher level of safety standards to bus drivers, who are responsible for the safety of the general public, compared to private vehicle drivers. However, the injured party must still prove the driver's negligence to assert their legal rights.

Public vs. Private Buses
Injured passengers need to determine whether the bus involved in the accident is privately owned or publicly operated. If it is a privately owned bus, the individual owner must be included in the lawsuit, and the legal procedures and standards differ from those for public buses. For instance, while most New Jersey Transit buses are state-owned, some routes are operated by private bus companies under a delegation from New Jersey. It is also important to remember that school buses are considered private buses.

Claims Against the Government
In the case of a personal automobile accident, victims typically contact their insurance company to file a claim for medical benefits and property damage. Similarly, victims of public bus accidents must promptly send a Notice of Claim to the relevant government agency (within 90 days of the accident) to formally notify them of their personal injury claim. After the initial notice, a lawsuit against the government agency can only be filed after six months. Additionally, while the statute of limitations for personal automobile accidents is two years, lawsuits against the government have a one-year limit.

Liability Beyond the Driver
In bus accidents, liability may not rest solely with the driver. Depending on the cause of the passenger's injuries, other parties may also be held responsible, including the bus company owner, the agency responsible for bus maintenance and operation, and the bus manufacturer. If a brake failure is determined to be the cause of the accident, the bus manufacturer may be held liable, and if the accident was due to maintenance issues, the maintenance agency must be included as a defendant in the lawsuit.

Unlike private vehicles, public transportation like buses has complex operational characteristics and must ensure the safety of the general public, which means that the safety standards required of drivers and responsible parties are higher than those for ordinary individuals. The legal procedures and rights exercised under these higher safety standards also differ, as previously mentioned. So, when a bus accident occurs, do the steps that an injured passenger must take differ from those of a personal automobile accident victim? The answer is no. (1) Regardless of the severity of the injury, a bus passenger involved in an accident should seek immediate medical attention. A prompt and accurate assessment from a medical professional is crucial, as such records will be vital for any future claims. (2) Gather all possible information. Document the scene with photos and videos. Obtain contact information from witnesses (other passengers, police, etc.). (3) Inform the driver or responding police officers about your injuries. (4) Seek legal advice from an attorney as soon as possible to understand your rights and responsibilities.

Many Korean Americans use public transportation daily between New Jersey and New York. By riding buses, trains, and subways, we entrust our safety and lives to the drivers. Most experienced drivers safely transport us to our destinations, and public transportation is generally safe. Nevertheless, accidents can unfortunately occur. It is essential to act promptly on the points mentioned above to protect your legal rights and interests as an injured passenger.

Written by Michael Maggiano, Esq. and Attorney Eunmi Hwang

Accident Injury Specialists (including buses/trucks)

New York/New Jersey

201 Columbia Avenue

Fort Lee, New Jersey 07024

☎ 201-585-9111

mmaggiano@mdltriallawyers.com

ehwang@mdltriallawyers.com