I was riding on a crowded bus. I did not get a seat. While we were moving, the bus driver had slammed on the brakes. As a result, I fell forward onto the floor and injured my shoulder. What claims do I have?

No Fault Claim

New York is a no fault state. That means your medical expenses and part of your lost wages will be paid for through car insurance. In order to receive these benefits, you must file a no fault application within 30 days after the accident. As a passenger on the bus, the primary no fault carrier is the company who wrote a policy for a vehicle owned by you or any blood relative with whom you reside. If you or your family do not own a car, then the no-fault carrier would be the bus company itself. On a City bus you file a no fault application with the New York City Transit Authority.

Personal Injury Claim

Under the no fault law, you can sue for your pain and suffering if you have sustained a serious injury. New York Insurance Law § 5104. For purposes of this post, I will assume that you have sustained a serious injury. This is based on your description of falling to the floor inside of a bus onto your shoulder.

You still must prove fault on the part of the bus driver. If there was another car involved, that driver too would be a potential defendant in a lawsuit. On the other hand, if there was no other vehicle involved in the accident, then you must prove that the bus driver had acted unreasonably under the circumstances.

In order to prove fault against a bus driver for injuries sustained by a passenger when the vehicle comes to a sudden halt, the injured party must demonstrate that the stop caused a jerk or lurch that was “unusual and violent.” Urquhart v New York City Transit Authority, 85 NY2d 828, 623 NYS2d 838 (1995); Stark v New York City Transit Authority, 203 AD3d 776, 160 NYS3d 643 (2d Dept 2022).

Proof of “Unusual and Violent”

It is not sufficient for a passenger to testify about a sudden movement on the bus. However, a passenger’s testimony must have some objective proof that the sudden stop was out of the ordinary. Urquhart v New York City Transit Authority, 85 NY2d 828, 623 NYS2d 838, 647 NE2d 1346 (1995) (Passenger testified he heard the bus driver arguing with another passenger. And then, when the bus driver stop suddenly, the passenger fell to the floor near the back of the bus and slid the entire length of the bus to the front and sustained injuries.)

See also Disalvatore v New York City Transit Authority, 45 AD3d 402, 845 NYS2d 312 (1st Dept 2007). (Passenger on bus testified that the bus driver was driving so fast and erratically that the 84-year-old was swaying and jolting side to side trying to reach a seat. She testified that she had never experienced anything like that in her life. Despite the bus driver contradicting this testimony, a jury found in the passengers favor and the appellate court affirmed the verdict.)

Insufficient Proof

However, just because a passenger characterizes a stop as “violent” is not sufficient to prove fault against the bus driver. Stark v New York City Transit Authority, 203 AD3d 776, 160 NYS3d 643 (2d Dept 2022). (Passenger was standing near a row of seats, holding onto a pole. Even though she testified the bus driver had “violently” stopped short, none of the other 10 passengers on the bus were affected. The bus driver also testified that he was traveling at a very slow rate of speed, and there were no hazards on the roadway which would have caused him to slam on the brakes.)

In your particular case, I would need more facts to determine if there is any liability against the bus driver for causing your fall and injuries on the bus.

By James Santner, Esq.

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