Filing a claim after an accident is a tricky endeavor and should not be attempted without assistance from a legal professional. After a bus accident, an attorney can help you make a claim by filing a formal complaint with the proper court. However, there are several important decisions to make before filing your complaint and beginning your lawsuit. The legal process, in any case, can be very long, emotionally draining, and incredibly complex. If you are unsure about anything, always consult with your lawyer.
To file a claim after a bus accident in New York, you must think about whom you want to sue. There could be multiple defendants to consider, including bus drivers and the companies that employ them. You must also decide what kind of claim you have usually based on how your accident happened. Most bus accidents are negligence claims, which require proving specific elements and meeting specific legal criteria. You must also determine what your damages are and include them in your complaint. You have a limited time to make a claim after a bus accident. If you still have not filed when your time limit runs out, you might be barred from making a claim at all.
If you were hurt in a bus accident, you can file a claim to get compensation for your damages. You should speak to an attorney before making any major decisions. Our New York bus accident lawyers can help you make your claim and start your case. Call The Carrion Law Firm at (718) 841-0083 to set up a free, private legal consultation with our experienced MTA bus accident attorney in NYC.
What Kind of Claim Do I Have After a Bus Accident in New York?
Before making a legal claim against a defendant, you must file an insurance claim with your insurance company. New York is a no-fault state when it comes to auto accidents. Drivers are required to file claims for compensation with their own insurance companies before they can pursue a lawsuit for additional compensation. Our New York car accident attorneys can help you with both your insurance claim and your lawsuit.
When you make your claim after a bus accident in New York, you must determine what kind of claim you have. In most cases involving auto accidents, plaintiffs file claims based on negligence. A negligence claim involves proving four critical elements: the legal duty of the defendant, the breach of that legal duty, the connection between the breach and the accident, and your injuries and damages. If one element is unfulfilled, your case will be unsuccessful.
Making a claim for intentional tort is possible but less typical. An intentional tort results from a defendant’s purposeful and intentional actions against the plaintiff. If you filed your claim as an intentional tort, you must prove that the bus driver not only caused the accident but intended to cause the accident. Intentional torts can be extremely serious because they are often connected to criminal proceedings against the defendant.
A claim against a public bus company, like the MTA or another publicly owned transportation authority, involves suing the government rather than a private business. In New York, if you are going to sue the city, you must file a notice of claim within 90 days of the accident. This is a very small window of time, so it is crucial to hire a skilled lawyer and move quickly.
If you are unsure what kind of claim you have, speak to our Bronx personal injury attorneys. Most claims end up being claims of negligence, although intentional torts are not impossible. The type of claim you have will determine how we approach your case.
Whom Do I Sue After a Bus Accident in New York?
When suing for a bus accident, most people immediately want to hold the driver responsible. This is reasonable considering the driver was the one operating the bus that hit you. However, you may have other options for defendants. Under certain situations, you may also include the driver’s employer as a defendant in your case.
We will likely start your case by looking at the driver of the bus in your accident. Bus drivers are tasked with operating large, heavy vehicles that can cause serious damage if things go wrong. Bus drivers are also expected to be extremely careful because they often carry dozens of passengers at a time. You could sue the bus driver if they caused the accident because they failed to check blind spots, ran a red light, or were not paying attention to the road.
You might be able to sue the company or city that employs the bus driver too. Under the legal doctrine of respondeat superior, an employer is generally responsible for the actions of its employee if those actions are committed within the scope of employment. However, this typically does not cover intentional acts by the employee. So, if you were hit while the bus driver was on duty, you probably can sue. However, if the driver hit you on purpose or was off duty, respondeat superior might not apply.
However, you can sue the bus driver’s employer for negligent hiring if the employer should have known better than to hire the driver in the first place. This usually comes up when the employee is clearly unfit for a particular job but is hired anyway. For example, if the bus driver intentionally hit you out of road rage, and the employer should not have hired them due to the driver’s lengthy history of road rage offenses, you could sue under a theory of negligent hiring. Our Queens personal injury attorneys can help you file your claim as soon as possible.
What Kind of Damages Do I Claim After a Bus Accident in New York?
After a bus accident, you should review your possible damages with an attorney. Damages are crucial to your case as they will influence the value of your compensation. Our New York bus accident attorneys can help you analyze your damages.
You should always include physical injuries and medical bills in your calculations for damages. Bus accidents can be very serious, and your injuries might be severe, if not totally debilitating. You must also include any property damage if you lost property in the accident, like a bike or your vehicle. Lost wages if you miss work because of the accident should also be counted. This can include lost future earnings if your injuries prevent you from returning to work in the near future.
You should also consider your pain and suffering. Pain and suffering can be physical or mental and is very subjective. People experience pain differently, so it may be difficult to predict your damages for pain and suffering.
Call our Brooklyn personal injury attorneys for help calculating damages for your case. Once you reach that stage, our lawyers can handle the actual filing process.
Call Our New York Bus Accident Attorneys
If you were involved in a bus accident in New York, do not hesitate to get your case started. Call our New York bus accident lawyers for help determining what kind of case you have and how best to proceed. Call The Carrion Law Firm at (718) 841-0083 to set up a free, private legal consultation.