Your Rights as a Passenger After a Bus Accident on Route 4 or Route 80

As a passenger on a bus, the law holds the bus operator to the highest standard of care for your safety. If you were injured in a crash on Route 4, Route 80, or another New Jersey roadway, you have the right to pursue compensation for your medical bills, lost income, and the pain you’ve experienced. 

These cases are not like typical car accidents; they involve difficult federal and state regulations, and when a public entity like NJ Transit is involved, very short deadlines apply—sometimes as little as 90 days to file a Notice of Claim. The bus company and its insurers will have a team of investigators working immediately after the crash, looking out for their interests. Our role as bus accident lawyers is to build your case and ensure your rights are protected from the start. 

If you have questions about what to do next, we are here to help. Call us for a free review of your case at (201) 585-9111.

Key Takeaways for Your Rights as a Bus Passenger

  1. Bus operators are held to the highest standard of care. This “common carrier” duty makes them more responsible for passenger safety than a typical driver is.
  2. Strict deadlines apply, especially for public transit. You have only 90 days to file a Notice of Claim against a public entity like NJ Transit, while a two-year statute of limitations generally applies to private companies.
  3. Multiple parties might be responsible for your injuries. Liability extends beyond the driver to include the bus company, other drivers, parts manufacturers, or even government entities responsible for road maintenance.

Why Is a Bus Passenger’s Claim Different from a Car Accident Claim?

Bus companies, whether private charters or public transit, are considered “common carriers.” This legal term means they owe you, their passenger, the highest duty of care. This is a much stricter standard than the one applied to an ordinary driver on the road. 

At the same time, these companies and their insurers have significant resources and legal teams dedicated to minimizing what they pay. They will investigate the crash immediately, looking for any way to argue that something other than their negligence caused your injuries.

This higher standard of care is the key to your claim. It provides a powerful legal foundation to hold the operator accountable.

Think of it like the safety standards for a commercial airline versus a private pilot. One is held to a much more rigorous set of rules because they are responsible for the lives of the public. This same principle applies to bus operators. Furthermore, a crash may involve multiple responsible parties, including the bus company, the driver, another vehicle’s driver, a parts manufacturer, or even a government entity responsible for maintaining the roadway.

Who Could Be Responsible for a Bus Accident in New Jersey?

After a crash on a busy highway like Route 4 or Route 80, it might seem like the bus driver is automatically at fault. The truth is, liability is typically more complicated, and identifying every responsible party is how we work to secure the full compensation you need.

Our investigation goes far beyond the moments just before the impact. We look at the entire chain of events and responsibilities that contributed to the accident.

Could the Bus Company Itself Be Negligent?

We investigate several areas of potential corporate negligence:

  • Negligent Hiring and Training: Did the driver have a history of accidents or a poor driving record? We examine the driver’s qualification file, which is required by federal law, to see if the company should have known the driver posed a risk.
  • Poor Maintenance: Was the bus properly inspected and maintained? We review maintenance logs for evidence of skipped inspections or known issues with brakes, tires, or other systems that could have led to a mechanical failure.
  • Violating Safety Rules: The Federal Motor Carrier Safety Regulations (FMCSRs) set strict rules for everything from how many hours a driver is on the road to vehicle equipment standards. A violation is direct evidence of negligence, a concept known as negligence per se.

What If Another Driver Caused the Crash?

Even if another car cut off the bus or caused the initial collision, the bus company may still share responsibility. 

For instance, if the bus driver was too fatigued, distracted, or inadequately trained to react safely to a foreseeable traffic event, the company’s failures may have contributed to your injuries. We look at all contributing factors to ensure every liable party is held accountable.

Could a Manufacturer or Government Body Be at Fault?

Sometimes, the cause of an accident lies with a third party. This could include:

  • Defective Parts: A tire blowout, brake failure, or other mechanical malfunction could point to a manufacturing or design defect in the bus itself.
  • Hazardous Road Conditions: Poor road design, a lack of appropriate signage, or a large, unrepaired pothole on Route 4 or 80 could mean a public works department or government body shares some liability for the crash.

Claims Against NJ Transit vs. Private Bus Companies: Why the Rules Are Radically Different

The name on the side of the bus, whether it’s NJ Transit, Coach USA, or a smaller charter company, changes everything about your claim. The legal paths and, most importantly, the deadlines are completely different depending on whether the bus is operated by a government entity or a private corporation.

Suing a Government Entity: The New Jersey Tort Claims Act

If your accident involved an NJ Transit bus or another public entity, your claim is governed by the New Jersey Tort Claims Act. This law includes a strict and unforgiving deadline.

You have only 90 days from the date of the incident to file a formal “Notice of Claim” with the correct public entity. Missing this deadline, in most cases, means you lose your right to sue, no matter how severe your injuries are. The government has a layer of protection from lawsuits called “sovereign immunity.” The Tort Claims Act provides a specific waiver of that immunity, but you must follow its strict procedural rules precisely to bring a claim.

Suing a Private Company (Coach USA, Charters, Tour Buses)

When you are injured on a bus owned by a private company, the rules are different. Generally, you have a two-year statute of limitations in New Jersey to file a personal injury lawsuit. While this is much longer than the 90-day notice period for public claims, it is still a firm deadline that cannot be missed.

These private companies are also governed by the Federal Motor Carrier Safety Administration (FMCSA), which gives us access to safety records, inspection histories, and driver qualifications. Additionally, federal law mandates that these commercial carriers hold significant insurance policies, often up to $5 million for larger buses, which provides a source of recovery for injured passengers.

Routes 4 and 80 are major corridors for both NJ Transit commuter buses and private lines heading to New York City. At Maggiano, DiGirolamo & Lizzi, P.C., we handle cases involving both types of operators and understand the distinct procedures required for each. If you are unsure which rules apply to your situation, call us.

What Kind of Compensation Is Available After a Bus Injury?

The goal of a personal injury claim is to make you “whole” again financially and to compensate you for the non-economic losses you have suffered. While no amount of money undoes the trauma of an accident, it provides the financial stability and resources needed to rebuild your life. We work to identify all the ways this injury has impacted your life to pursue the maximum compensation available under the law.

Documenting Your Economic Damages

These are the tangible financial losses that have a clear dollar value attached to them. We meticulously gather and document:

  • Current and Future Medical Expenses: This includes everything from the initial ambulance ride and emergency room visit to anticipated future surgeries, ongoing physical therapy, medications, and any necessary medical equipment.
  • Lost Wages: Compensation for the income you lost while you were unable to work during your recovery.
  • Loss of Earning Capacity: If your injuries are permanent and prevent you from returning to your previous job or limit your ability to earn a living in the future, we pursue compensation for this long-term financial loss.

Valuing Your Non-Economic Damages

These losses are real, but they do not come with a receipt. They are meant to acknowledge the human cost of the injury. We may fight to secure compensation for:

  • Pain and Suffering: For the physical pain, discomfort, and emotional distress caused by the accident and your resulting injuries.
  • Loss of Enjoyment of Life: Compensation for the impact the injury has had on your ability to participate in hobbies, activities, and relationships that were important to you before the crash.
  • Permanent Disability or Disfigurement: For life-altering injuries such as significant scarring, amputation, or the development of chronic conditions that will affect you for the rest of your life.

Our role is to compile all medical records, consult with economic and medical professionals when necessary, and document every aspect of your loss to present a comprehensive and compelling demand to the insurance company.

Frequently Asked Questions About Bus Passenger Rights After Route 4 and Route 80 Bus Accidents

What if I don’t feel badly injured right away?

Some serious injuries, like whiplash or internal injuries, sometimes take hours or even days to become fully apparent. Adrenaline from the crash masks pain initially. We advise getting a medical evaluation as soon as possible, even if you think you are fine. Delaying medical care not only harms your health but also gives an insurance company an opportunity to argue that your injuries were not caused by the crash.

The bus didn’t have seatbelts. Does that affect my claim?

No. For most public transit and coach-style buses, passengers are not required to wear seatbelts, and their absence places no fault on you. The responsibility for your safety still rests with the common carrier. In some circumstances, the lack of appropriate safety equipment might even be a factor in the severity of your injuries.

The insurance company for the bus line already called me. What should I do?

You are not obligated to give a recorded statement to the bus company’s insurer. Their adjusters are trained to ask questions designed to get you to say something that will be used to minimize your claim later. 

Politely decline to provide a statement and direct them to your attorney. Anything you say will be taken out of context and used against you.

How much does it cost to hire Maggiano, DiGirolamo & Lizzi?

Our firm handles personal injury cases on a contingency fee basis. This means we only get paid if we successfully recover compensation for you through a settlement or verdict. There are no upfront fees to hire us, and we advance the costs of litigation. Our fee is a percentage of the recovery we obtain for you, which means our goals are aligned to secure the best possible outcome for your case.

Will my case go to trial?

Most personal injury cases are settled before reaching a trial. However, bus companies and their powerful insurance carriers sometimes refuse to make a fair and reasonable settlement offer. 

At Maggiano, DiGirolamo & Lizzi, P.C., we prepare every case from the very beginning as if it will go to trial. This thorough preparation puts us in the strongest possible position to negotiate a favorable settlement or, if necessary, to present your case effectively to a jury.

Don’t Let a Deadline Deny Your Right to Recovery

You should not have to pay out-of-pocket for an accident you did not cause. The most significant mistake is waiting too long, especially if a government entity like NJ Transit is involved. 

Let us handle the legal process. Let us stand up to the bus company’s insurer. Your only job is to heal.

To understand your options and protect your rights, call us today for a no-cost, confidential conversation about your case at (201) 585-9111.