Gloria Aguilar v. New York City Transit Authority (2005),$27.5 million for bus accident

When a Bus Ride Turns Tragic: Understanding the Gloria Aguilar Case and Bus Accident Claims in New York

Every day, millions of people rely on buses to get around New York City. While generally safe, bus accidents do happen, sometimes with devastating consequences. The case of Gloria Aguilar v. New York City Transit Authority (2005) serves as a stark reminder of the potential for life-altering injuries and the complexities of pursuing justice in such situations. This blog post delves into the details of this landmark case and explores the legal landscape surrounding bus accidents in New York.

The Horrifying Incident and Its Aftermath

In November 2005, Gloria Aguilar, a 45-year-old janitorial worker and mother of three, was crossing a street in Manhattan when she was struck by a New York City Transit bus. The impact was horrific: Aguilar was dragged along the street, trapped beneath the vehicle. Rescuers worked to free her, but the damage was done.

As a result of the accident, Aguilar’s left leg was amputated above the knee. Her injuries were so severe that her right leg was rendered essentially useless. She endured ten surgeries and suffered numerous setbacks. Beyond the physical trauma, Aguilar developed post-traumatic stress disorder (PTSD) and severe depression, leaving her dependent on others for even the most basic care. The accident also took a toll on her personal life, impacting her relationship with her husband.

The Legal Battle: Negligence and Liability

Aguilar’s case went to trial, where her attorneys argued that the bus driver was negligent, leading directly to her catastrophic injuries. The New York City Transit Authority (NYCTA), however, countered that Aguilar was outside the crosswalk and had walked into the side of the bus, implying contributory negligence on her part.

In 2009, a Manhattan jury sided with Aguilar, awarding her \$27.5 million for medical expenses, pain and suffering, and loss of services. This was reported to be the largest amount ever awarded for a lost leg at the time. The jury found the bus driver 100% at fault but also partially blamed Aguilar.

The Appeal and the Final Outcome

The NYCTA appealed the verdict, arguing that the pain and suffering award was excessive and that the finding of full liability against the city was against the weight of the evidence. In 2011, a state appeals court modified the award, reducing it to \$18 million. The breakdown of the final award was as follows:

  • \$6.9 million for medical expenses
  • \$10 million for past and future pain and suffering
  • \$500,000 for past and future loss of services to her husband

Key Legal Concepts in Bus Accident Cases

The Aguilar case highlights several important legal concepts relevant to bus accident claims in New York:

  • Negligence: This is the cornerstone of personal injury claims. To establish negligence, it must be proven that the bus driver (or another responsible party) owed a duty of care to the injured person, breached that duty, and that the breach directly caused the injuries. Negligence in bus accident cases can take many forms, including:

    • Driver error: Speeding, distracted driving, driving under the influence, or failing to obey traffic laws.
    • Inadequate training or supervision: Bus companies have a responsibility to properly train and supervise their drivers.
    • Improper maintenance: Failing to maintain the bus in safe operating condition.

    • Liability: Determining who is liable (legally responsible) for a bus accident can be complex. Potentially liable parties include:

    • The bus driver: For negligent actions behind the wheel.

    • The bus company: For negligent hiring, training, or maintenance practices.
    • The Metropolitan Transportation Authority (MTA): If the bus is operated by the city.
    • Third-party motorists: If another driver’s negligence contributed to the accident.
    • Vehicle or part manufacturers: If a defect in the bus contributed to the crash.
    • Duty of Care: Bus drivers and companies owe a duty of care to their passengers, pedestrians, and other motorists to operate their vehicles safely.
    • Breach of Duty: A breach occurs when the bus driver or company fails to meet the expected standard of care.
    • Comparative Negligence: New York operates under comparative negligence principles. This means that if the injured person is also partially at fault for the accident, their compensation may be reduced by their percentage of fault.

    • Damages: These are the monetary compensation awarded to the injured party to cover their losses. Common types of damages in bus accident cases include:

    • Medical expenses: Past and future costs of medical treatment, rehabilitation, and ongoing care.

    • Lost wages: Compensation for lost income due to the inability to work.
    • Pain and suffering: Compensation for physical pain, emotional distress, and mental anguish.
    • Loss of services: Compensation to the injured person’s family for the loss of their companionship, assistance, and support.
    • Property damage: If the accident damaged the person’s vehicle, belongings, or property.
    • Statute of Limitations: In New York, there is a limited time to file a lawsuit after a bus accident. For most cases, the statute of limitations is three years from the date of the accident. However, claims against the city or the MTA have a shorter deadline: a Notice of Claim must be filed within 90 days of the accident. Failing to meet these deadlines can result in the loss of your right to sue.

Navigating the Complexities of Bus Accident Claims in NYC

Bus accident cases in New York can be particularly complex due to the involvement of multiple parties, insurance companies, and potentially, government entities like the MTA. Here’s what makes these cases challenging:

  • Identifying all responsible parties: A thorough investigation is needed to determine all parties who may be liable for the accident.
  • Dealing with insurance companies: Insurance companies often try to minimize payouts, making it essential to have an experienced attorney negotiate on your behalf.
  • Filing a Notice of Claim: When suing the city or the MTA, strict adherence to the 90-day Notice of Claim requirement is crucial. Errors or omissions in the notice can jeopardize your claim.
  • Understanding MTA’s internal investigation process: The MTA conducts its own investigation of bus accidents, which can impact your claim.
  • Comparative negligence: The issue of comparative negligence can complicate matters, as the injured person’s degree of fault can reduce their compensation.

Advice if You’re Involved in a Bus Accident

If you are involved in a bus accident in New York, here are some important steps to take:

  1. Report the accident: Call the police and ensure a police report is filed.
  2. Seek medical attention: Even if you feel fine, see a doctor to check for any hidden injuries.
  3. Gather information: Collect the bus driver’s name, bus number, route information, and contact information from any witnesses.
  4. Document the scene: If possible, take photos of the accident scene, bus damage, and your injuries.
  5. Report to the MTA: If an MTA bus is involved, file an official incident report with them.
  6. Contact an attorney: Consult with an experienced personal injury attorney who specializes in bus accident cases.

The Importance of Legal Representation

Given the complexities of bus accident claims, seeking legal guidance is essential. An experienced attorney can:

  • Investigate the accident to determine liability.
  • Gather evidence to support your claim.
  • Negotiate with insurance companies.
  • File a lawsuit on your behalf, if necessary.
  • Represent you in court.
  • Ensure that you receive the full compensation you deserve.

Conclusion

The case of Gloria Aguilar v. New York City Transit Authority serves as a powerful illustration of the devastating consequences of bus accidents and the importance of seeking justice. If you or a loved one has been injured in a bus accident in New York, it is crucial to understand your legal rights and take the necessary steps to protect them. Contacting an experienced personal injury attorney is the first step toward navigating the complexities of the legal process and pursuing the compensation you deserve.