Bergen County bus accident lawyer Sammarro & Zalarick explains how liability works after NJ TRANSIT or private-carrier crashes—when the bus driver, the transit company, or both may be responsible, what deadlines apply, and how to protect your rights from day one.
If you were hurt in a Bergen County bus crash, your first question is simple: Who pays for what happened? In New Jersey, responsibility can fall on the bus driver, the transit company (public or private), another motorist, a maintenance contractor, or even a public entity that designed or maintained the roadway or bus stop. Because bus cases involve special rules (including strict deadlines for claims against NJ TRANSIT and other public entities), getting clear on liability—fast—can make or break your case.
As Sammarro & Zalarick, a Bergen County personal injury firm, we represent injured passengers, pedestrians, cyclists, and drivers after NJ TRANSIT, school bus, and private motor-coach collisions throughout Hackensack, Paramus, Fort Lee, Teaneck, Englewood, and surrounding communities. Below, we explain who can be held responsible, how New Jersey’s comparative negligence works, what to know about Title 59 (the New Jersey Tort Claims Act), how medical bills get paid in bus cases, and the practical steps to protect your rights starting today.
Quick take: liability is often shared
Many Bergen County bus accidents involve shared fault. A bus driver may have been following too closely on Route 4 or accelerating hard near Garden State Plaza, while a third-party driver made an unsafe lane change on Route 17—and the transit company may have skipped critical training or maintenance. New Jersey’s comparative negligence law lets a jury (or insurers) assign percentages of fault to each responsible party; if you’re no more than 50% at fault, you can still recover, reduced by your percentage.
Who can be liable after a Bergen County bus crash?
1) The bus driver (operational negligence)
Professional drivers must use extra caution when transporting passengers who may be standing, boarding, or exiting. Speeding, hard braking, running a light, distracted driving, or failing to secure the bus before passengers step down are classic breaches. Evidence can include:
- On-board video and audio
- Electronic control module (ECM) and GPS data
- Dispatch logs and operator reports
- Passenger and bystander statements
Because public transit is a common carrier in New Jersey, the duty of care is heightened; courts describe it as the utmost caution consistent with passenger safety.
2) The transit company (vicarious and direct liability)
If the driver was acting within the scope of employment, the company is typically vicariously liable for the driver’s negligence. The company may also be directly liable for negligent hiring, poor training, unsafe route design, unrealistic schedules, or missed/defective maintenance (brakes, tires, lights, doors). For public carriers like NJ TRANSIT, the same heightened common-carrier duty applies.
3) A third-party motorist
A car that cuts off a bus or a box truck that stops short can bear a significant share of fault. New Jersey’s comparative negligence rules allow fault—and payment—to be allocated among multiple defendants. If your share of fault is not greater than the defendants’ combined fault, you can still recover.
4) Maintenance and parts contractors
Outside vendors who service fleets (or manufacturers of defective components) can be responsible when the evidence shows poor inspection practices, substandard repairs, or defectively designed or manufactured parts.
5) Public entities (roadway/bus-stop issues)
Municipalities and other public entities may share liability when dangerous bus-stop placement, poor sightlines, broken curb cuts, or faulty traffic devices contribute to an injury. Suing a public entity triggers Title 59, including a fast Notice of Claim deadline.
The law that actually decides who pays (In plain English)
Common-carrier duty: higher care for transit passengers
In Maison v. NJ TRANSIT (2021), the New Jersey Supreme Court confirmed that public transit carriers owe passengers the same heightened “common-carrier” duty as private carriers—meaning the utmost caution consistent with passenger safety. While carriers aren’t absolute insurers of safety, the bar for “reasonable care” is higher than for ordinary drivers, which can be pivotal when proving negligence.
Comparative negligence: New Jersey’s 51% rule
New Jersey follows modified comparative negligence. Your damages are reduced by your share of fault, and you cannot recover if your fault exceeds 50%. Fault may be assigned among the bus driver, the transit company, a third-party motorist, and others.
Suing public entities (Title 59): the 90-day clock
If your case involves NJ TRANSIT or another public entity, you must serve a Notice of Claim within 90 days of the injury. After the entity receives your notice, you generally wait six months before filing suit. Missing the 90-day window can bar your claim, subject to narrow exceptions; as of April 23, 2025, New Jersey requires electronic filing of these notices through its portal.
Pain-and-suffering threshold against public entities
Even when you prove liability against a public entity, non-economic damages (pain and suffering) are available only if you meet Title 59’s threshold: a permanent loss of a bodily function, permanent disfigurement, or dismemberment, and medical expenses exceeding $3,600. This standard influences case strategy and medical documentation from day one.
Statute of limitations
Most New Jersey personal-injury lawsuits must be filed within two years of the date the claim accrues. This two-year limit is separate from and in addition to the 90-day Title 59 notice requirement for public-entity claims.
Who pays medical bills after a bus crash? (PIP vs. “Bus-PIP” vs. health insurance)
This part trips up many people because bus crashes don’t follow the usual auto-PIP rules:
- New Jersey’s standard Personal Injury Protection (PIP) statute is tied to injuries involving an “automobile.” A bus is not an automobile for PIP purposes, so bus passengers generally don’t get standard auto-PIP benefits for their medical bills.
- Instead, New Jersey requires many motor buses to carry Medical Expense Benefits (MEB)—often nicknamed “Bus-PIP.” These benefits are designed to pay injured passengers’ medical expenses up to statutory limits (commonly $250,000).
- The Schaefer case clarified that when a bus passenger is hurt, the bus insurer’s MEB (not the passenger’s auto-PIP) is typically responsible for the medical bills, with fee-shifting rules sometimes allowing counsel-fee awards when passengers must sue to enforce coverage.
Because Bus-PIP/MEB coverage, health insurance, and reimbursement rights can overlap, bring all insurance cards/policies (auto and health) to your consultation so your lawyer can correctly notice the proper carriers and protect your recovery.
Building a winning Bergen County bus case (what we actually do)
Lock down video and data
We send spoliation/preservation notices immediately to secure on-board video, ECM/GPS data, and driver reports before they’re overwritten. In NJ TRANSIT cases, we prepare and file the Title 59 Notice of Claim while evidence is still fresh.
Field investigation
We canvas for street-level cameras near high-traffic corridors (Route 4/17, I-95/GW Bridge approaches, NJ-46/9W) and at malls and transit hubs. We identify witnesses early—passengers often recall hard-stop patterns, late braking, or cell-phone distraction.
Maintenance and training records
We subpoena vendor contracts, work orders, daily defect sheets, and driver qualification/training files to evaluate direct negligence by a transit company or contractor.
Medical causation and permanency
We coordinate specialists for common bus-crash injuries (shoulder tears, cervical/lumbar injuries, concussions). For public-entity defendants, we develop the medical proof needed to satisfy Title 59’s permanency and $3,600 threshold so pain-and-suffering damages are in play
Common scenarios (and how fault is apportioned)
Unsafe merge + following distance
A car abruptly merges into the bus’s lane near Fort Lee, and the bus rear-ends it. The third-party driver may carry major fault for an unsafe move, but the bus driver’s following distance and speed are still evaluated. Comparative fault splits damages accordingly.
Sudden stop injures standing passenger
If the bus brakes hard to avoid a known, recurring hazard near a busy stop, the heightened common-carrier duty helps show the operator should have anticipated and managed the risk (slower approach, more space). If a third-party driver created an unavoidable emergency, fault is shared.
Boarding/alighting injury
Dim step lighting, uneven curbs, or a door malfunction can point to maintenance lapses or poor stop design. For public entities, Title 59 deadlines and thresholds govern the path to recovery.
School bus collisions
Liability often includes the bus contractor and other motorists; Bus-PIP/MEB rules are different for school buses, so the medical-benefits analysis is fact-dependent.
What to do in the first 10 days (and why it matters)
Get medical care and follow up
ER visits document your mechanism of injury. Keep every referral and report—especially for head, neck, shoulder, and knee complaints that often worsen after adrenaline fades.
Preserve evidence
Save your ticket or app receipt, take photos of the bus number and the scene, and write down witness names. Ask a friend to photograph bruising or swelling that may fade.
Report the incident properly
File a police report if one wasn’t taken, and notify the carrier. For NJ TRANSIT cases, consult counsel immediately to prepare your Title 59 Notice of Claim before day 90. After the public entity receives notice, you’ll need to wait six months before suit.
Do not guess about insurance
Whether Bus-PIP/MEB, your health plan, or your auto policy pays first depends on the exact scenario. Bring all policies to counsel so the right carrier is placed on notice.
Damages you can recover
- Medical expenses (ER, imaging, therapy, surgery)
- Lost wages and diminished earning capacity
- Household/essential services
- Pain and suffering and loss of quality of life (note the Title 59 threshold for public-entity defendants)
How Sammarro & Zalarick helps Bergen County bus-accident victims
- We know the local routes and the players. From Route 4/17 and I-95 to Paramus and Fort Lee corridors, we understand traffic patterns, stop placements, and incident hotspots.
- We move fast to preserve evidence. On-board video, ECM and GPS data, maintenance logs, and dispatch records are secured early.
- We navigate Title 59—without missing a beat. We’ll draft and file your Notice of Claim within 90 days and track the six-month waiting period before suit.
- We build the medical record that matches New Jersey law. Especially in public-entity cases, we document permanency and medical expenses to meet the pain-and-suffering threshold wherever possible.
- We coordinate benefits. We identify whether Bus-PIP/MEB or health insurance is primary and protect your net recovery at settlement.
Bottom line: If you were injured on an NJ TRANSIT, school bus, or private carrier in Bergen County, call Sammarro & Zalarick for a free consultation. We’ll answer your questions, preserve crucial evidence, and map out the best path forward.
Bergen County bus accident lawyer FAQ
Who is usually liable in a Bergen County bus accident—the driver or the transit company?
Often both. The driver may be negligent; the transit company is usually vicariously liable and may also be directly liable for training, supervision, or maintenance issues. For NJ TRANSIT, the same heightened common-carrier duty applies.
What if another car caused the crash?
New Jersey uses comparative negligence. Fault (and payment) can be split among multiple parties. If you’re no more than 50% at fault, you can recover—reduced by your percentage.
How long do I have to act?
Most injury suits must be filed within two years, but if a public entity is involved you must serve a Notice of Claim within 90 days and wait six months before filing. Missing the 90-day notice can bar your claim, subject to limited late-notice relief. Talk to a lawyer immediately.
Can I get pain and suffering against NJ TRANSIT?
Yes, but only if you meet Title 59’s threshold: permanent loss of bodily function/disfigurement/dismemberment and $3,600+ in medical expenses.
Who pays my medical bills if I was a passenger?
Standard auto PIP often doesn’t apply to bus passengers because buses aren’t “automobiles” under the statute. Some buses carry Bus-PIP/MEB for passengers’ medical bills, and health insurance may step in. Coverage is fact-specific—bring all policies to your consultation