Bus Accident Lawyer in New York

Bus Accidents are accidents in which people are injured physically and/or emotionally by or in buses. The personal injury laws relating to bus accidents help determine which individuals were at fault for the incident, which individuals need to pay for medical treatment, and which individuals need to pay for vehicle repairs.  

Seek experienced assistance from a qualified bus accident lawyer in New York. Call (646) 766-8308 or contact us right away to secure your consultation.

Public vs. Private Bus Ownership

The heart of a personal injury case, as it relates to a bus accident, is whether the bus company is privately or publicly owned. If private, the personal injury laws and processes are identical to those for a car accident. If public, the personal injury laws and processes will be altered in the following ways:  

• The legal process will, as a whole, be accelerated.
• Special procedural requirements will be set to make a claim
• The total amount of damages that individuals can claim will be capped: While the government agency will set a cap on the amount of damages that an individual can claim, these agencies often deny non-economic damages and punitive damages altogether, meaning an individual cannot sue for “pain and suffering.”
• “Sovereign Immunity” may be granted: If the employee(s) driving the publicly owned bus are also public servants – a.k.a government employees – “sovereign immunity” protection can be granted, meaning discretionary immunity was granted to the governmental unit (as an agency) or its employees. While sovereign immunity will make the process more regimented from a procedural standpoint, it does not mean that you are not able to sue a government-owned-and-operated bus.

Understanding Bus Accident Liability in New York

Liability in bus accidents often involves determining fault among multiple parties, including drivers, bus companies, and even municipalities. In New York, bus accident laws require operators to adhere to rigorous safety standards, reflecting the city's dense population and high traffic volumes. A violation of these statutes could significantly impact a case's outcome. Navigating these intricacies requires a sound legal strategy aimed at discerning factual liabilities and ensuring rightful compensation.

New York's no-fault insurance laws may apply, allowing victims to recover costs for medical expenses and lost earnings regardless of who was at fault. Understanding this framework is crucial for effectively pursuing personal injury claims. Engaging with legal professionals familiar with these local parameters can ensure that victims adequately address all potential avenues for compensation.

Common Causes of Bus Accidents in New York City

Bus accidents in New York City are often attributed to factors such as driver fatigue, mechanical failures, or challenging road conditions. The bustling streets of New York pose unique risks, where aggressive driving and frequent stops increase accident risk. Identifying the root causes in each incident not only aids in establishing liability but also in improving future safety protocols.

Legal professionals in New York often explore whether state-mandated maintenance checks were properly adhered to and whether the bus driver adhered to legal service hours. Both elements can significantly influence liability outcomes. Given these variables, gathering substantial evidence becomes imperative, often involving detailed evaluations of traffic surveillance and witness accounts.

Legal Process for a Bus Accident Personal Injury Lawsuit

If you have been in a bus accident, the first step in the legal process is filing a notice of claim, which essentially alerts the bus company and your local courts that you are intending to sue the bus company. While this does not effectively commence a lawsuit, it is a necessary step to take, as not filing a notice of claim results in the loss of your ability to sue. One must also remember to respect the statute of limitations, which, in this case, is typically two (2) or more years. If you have been injured by another passenger in a said bus, and not injured by the negligent or deliberately reckless actions of the bus driver, your claim will be a civil suit rather than an accident suit.  

Our expert bus accident attorney in New York is ready to provide personalized legal guidance. Call (646) 766-8308 to secure your consultation.

Frequently Asked Questions

How Long Do I Have to File a Bus Accident Claim?

Under New York law, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the accident. However, if the bus is operated by a municipal entity, such as the MTA, the timeline can be drastically reduced to a 90-day deadline to file a notice of claim. Consulting with a bus accident attorney in New York promptly ensures that these critical deadlines are not missed, preserving your right to pursue compensation.

What Should I Do Immediately After a Bus Accident?

In the aftermath of a bus accident, prioritize personal safety and seek medical attention, even for injuries that seem minor. Document the scene thoroughly by collecting witness testimonies and photographing physical evidence. Reporting the accident to the appropriate authorities and obtaining a copy of the official report serves as foundational evidence. It is advisable to contact a bus accident lawyer in New York who can guide the legal steps to take next and navigate insurance claims efficiently.

Can I Sue for Emotional Distress After a Bus Accident?

Victims in New York can pursue claims for emotional distress in bus accident cases, provided that they can substantiate the psychological impact through medical evaluations and expert testimony. This form of compensation accounts for trauma-related ailments like PTSD or anxiety, which can disrupt daily living. Legal counsel can assist in documenting these non-economic damages effectively, ensuring that such claims are robustly presented alongside physical injury claims.

Who Can Be Held Liable in a Bus Accident?

Liability in bus accidents can extend beyond the driver and bus company to include manufacturers of faulty bus components or municipalities responsible for maintaining safe road conditions. In New York, joint and several liability rules allow victims to recover full compensation from any liable party, provided negligence is established. An experienced legal team can delineate these responsibilities and strategically pursue claims against each at-fault entity, ensuring comprehensive recovery. Turn to a trusted bus accident attorney in New York as soon as possible.

What Compensation Am I Entitled to After a Bus Accident?

Victims of bus accidents in New York may be eligible for various forms of compensation, covering economic and non-economic losses. This includes medical expenses, lost income, rehabilitation costs, and property damage. Pain and suffering, a non-economic damage, accounts for physical pain and emotional distress endured. Each category of compensation requires meticulous documentation and strategic legal advocacy to maximize recovery, aligning legal actions with the specific losses incurred.

If you have been injured in a bus accident in New York, call us now at (646) 766-8308 or contact us online. Our team of experienced bus accident attorneys are ready to help.