Bus Fails to Use Kneeling Device

When an MTA bus driver fails to lower the bus kneeling mechanism for an elderly or disabled passenger, can the transit authority be held liable for resulting injuries?

Under New York law, public transit operators owe a duty of reasonable care to safely discharge passengers. However, determining negligence when a driver fails to engage a bus’s hydraulic kneeling system depends heavily on two specific factors: industry safety standards and the passenger’s apparent need for assistance.

1. Establishing Industry Safety Standards

To prove a bus driver was negligent for failing to lower the bus, an injured plaintiff must demonstrate that general industry safety standards required the driver to deploy the kneeling device under the specific circumstances. Expert testimony is typically required to establish what constitutes standard operating procedure for municipal and private bus operators in New York.

2. Passenger Request vs. Obvious Disability

New York appellate courts have repeatedly evaluated whether a bus driver has a legal duty to lower the vehicle without an explicit request. The central issue is whether the passenger asked for the kneeling device to be engaged or whether the passenger appeared visibly disabled or unable to exit safely.

• Visible Disability: If a passenger exhibits obvious physical limitations, difficulty walking, or mobility impairments, the driver may have an affirmative duty to deploy the kneeling step regardless of whether the passenger asks.
• Unrequested Assistance: In cases where a passenger does not ask for help and shows no obvious signs of physical impairment, courts frequently dismiss claims against transit authorities. For example, appellate decisions involving passengers who regularly navigated bus steps without visible difficulty held that drivers were not negligent for failing to unilaterally activate the kneeling system.

Summary of Liability in Bus Kneeling Accidents

If you are injured exiting a bus that failed to lower its kneeling device, establishing liability requires proving two core elements:

1. Industry safety standards required the bus driver to activate the kneeling mechanism under the existing conditions.
2. The passenger explicitly requested assistance, or their physical condition made their need for the kneeling device obvious to the driver.

By James Santner, Esq.

MTA bus operators are required to deploy kneeling mechanisms and ramps for passengers needing assistance. If you were injured in a transit collision or bus boarding incident, contact a motor vehicle accident attorney in Staten Island at Minchew & Santner, LLP for immediate legal help.