I was the only person who did not get a seat on the bus. Suddenly the bus driver pulled over to a bus stop and I went flying down the aisle. Since everyone else was seated, nobody else fell. I broke my arm in the fall. Do I have a claim against the bus driver?

You probably do have a claim. The fact that other people on the bus were not hurt does not mean you have no case. But you do have to show that you were subject to “unusual and violent jerks, lurches or sudden stops” See Urquhart v New York City Transit Authority, 85 NY2d 828 (1995). The common law holds that a passenger has to expect occasional starting stopping and occasional jolting. But according to your description, you “went flying,” so that sounds like it was an unusual and violent stop. You also explained that everyone else on the bus was sitting, so that was the reason you were the only one who fell into the aisle.

You also explained that the bus driver “suddenly” pulled over to a bus stop. That description implies that bus driver was about to miss a bus stop before he actually pulled the bus over to make the stop. If the bus had stopped due to a sudden emergency (like a truck pulling in front of the bus) and that emergency was not caused by the bus driver’s inattentiveness, then the bus driver would not be responsible for the accident or your broken arm.

Municipal Claims

Assuming you were in a Transit Authority bus, as with all municipal claims, you will have to file a notice of claim within 90 days after your accident. You will probably have to appear for a municipal hearing (like a deposition). Then you must file a summons and complaint against the Transit Authority within one year and 90 days after your accident.

No Fault Claim

A no-fault claim will cover your medical bills and lost wages. You should file a no-fault application within 30 days of your accident with your own car insurance policy. If you do not own a car, you should file the claim with the Transit Authority.

By James Santner, Esq.

If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.