MTA Held Liable for Pedestrian's Injuries
A 59 year-old woman was struck by a New York City bus when she stepped into a crosswalk at a busy intersection. After a jury trial, she was awarded $20 million for her injuries. Learn more about the case and how the Transit Authority can be liable in public transit vehicle accidents.

September 09, 2011 /24-7PressRelease/ -- On June 15, 2009, Alfreda Kusz was on her way to work when she was hit by a bus at 23rd Street and Jackson Avenue, described as a major transit hub where two bus routes and the 7 train intersect. She brought suit against the Metropolitan Transit Authority (MTA) seeking compensation for her injuries, and recently won a $20 million judgment.

Just like drivers of personal vehicles, city buses have a duty to use reasonable care in avoiding pedestrians. Under New York law, pedestrians generally have the right of way on public streets (especially in crosswalks), and vehicular traffic must yield. As such, a person hit by a car or bus may be eligible to seek compensation for injuries caused by a driver's failure to use reasonable care or to obey traffic laws. According to testimony given at trial, Ms. Kusz responded to the pedestrian walk signal and crossed into the intersection before the bus struck her.

People injured by a vehicle owned or operated by the New York City Transit Authority (which includes busses owned by the MTA) must file a notice of claim within 90 days of the accident or the right to seek compensation for their injuries will expire.

The New York City Transit Authority is a self insured entity with regard to no-fault coverage for basic economic losses such as medical expenses and lost wages. Essentially, attorneys representing injured people will deal directly with the Transit Authority to resolve their claim unless they have no-fault insurance through their own motor vehicle policy. However, the Transit Authority only covers up to $50,000 in no-fault claims. This amount does not cover non-economic damages such as pain and suffering, loss of enjoyment of life and mental anguish. As such, damages that exceed the no-fault threshold must be pursued in a lawsuit.

According to the New York Daily News, the judgment will allow Ms. Kusz to obtain the long-term care she needs. Kusz lost her right arm and leg and became blind in her right eye because of the accident. She spent nearly a year in the hospital recovering from her injuries and still cannot wash or dress herself.

For more information on your rights and options after a bus accident, contact an experienced personal injury lawyer.

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