Filing a lawsuit against a negligent bus driver and the company they work for can help you get the compensation you deserve after a serious bus accident. Whether you were injured as another driver, a passenger on the bus itself, or even a pedestrian hit by the bus, you could be entitled to substantial financial compensation for your injuries.
Working with our Utica bus accident lawyers, you could be entitled to claim compensation for your medical expenses, lost wages you faced, and other damages like pain and suffering. However, some of these damages might be blocked by insurance claims, and a lawsuit could be your only way of getting the compensation you need.
For a free review of your potential case, call our Utica bus accident lawyers today. To contact The Carrion Law Firm, call (718) 841-0083.
Who to File a Bus Accident Lawsuit Against in Utica, NY
Under NY law, you are often able to sue both a bus driver and the bus company that they work for if the bus driver caused your accident. However, there are some situations where the bus driver might not be the one who actually caused the accident. Our Utica bus accident attorneys explain some scenarios as well as whom you should sue in those situations. In the case of suing a bus company, there are also some complications that might arise if the company is a public transit company.
Suing a Bus Driver
If the bus driver caused the crash, they can often be held directly responsible for the crash. As the individual behind the wheel, the bus driver could bear responsibility for a crash they caused just as any other driver would. This could be the right person to sue if you were riding in the bus when the driver crashed or if you were hit by the bus while in another vehicle, on foot, on a bike, etc.
Suing Another Driver
If the bus accident was actually caused by another driver, they could be held liable for the crash instead. Whether you were a passenger on the bus or in the other car, the driver could be liable for your injuries. You could also hold the other driver accountable if you were on foot, riding a bike, or even driving the bus yourself.
Suing a Bus Company
Many times when a bus driver is responsible for a crash, the company they work for can also be held liable. This can happen because of something the bus company did in their own right, such as failing to properly screen a bus driver or failing to keep their bus in safe condition. You can also sue the bus company in their capacity as the employer of the negligent bus driver, and the bus company can be held liable for their driver’s mistakes behind the wheel during the course of their employment.
However, there are some important issues to be aware of when suing a bus company that is a public entity. You can typically sue private bus companies like Greyhound or Megabus for a crash caused by their driver. However, if the bus company is part of a public transit company or even a public school bus company, there may be additional hurdles to jump through.
Our Utica bus accident lawyers can help you understand any notice and early filing requirements, caps on damages, or other issues with a lawsuit against a public entity. Because of the different organizational structures of different bus companies, these entities may or may not count as public entities. In any case, you should never attempt a lawsuit against them without the help of an experienced Utica bus accident lawyer.
Threshold for Lawsuits Against Bus Companies in Utica
We mentioned that lawsuits are often available against these potential at-fault parties, but there are some general limitations on your ability to sue for a bus accident in many cases. Bus companies and drivers are required to carry insurance that can cover injured passengers – and other drivers are also required to carry auto insurance as well. However, the rules surrounding NY auto insurance might prevent a lawsuit if your injuries are minor or moderate.
In New York, lawsuits can only be filed for auto accidents where the victim suffered “serious” injuries. To meet this threshold, you usually must have lost a body part, suffered a permanent loss of function, or broken a bone. You can also sue for a loved one’s death or the loss of a fetus. There is also a special rule that allows you to sue for any injury that leads to a disability for at least half of the following 180 days (whether they are consecutive or not).
Our Utica bus accident lawyers can help you understand whether your case meets this threshold or not by examining your medical records and potentially seeking additional medical opinions from doctors and experts who can testify in your case.
Damages Available for Bus Accident Victims in Utica, NY
Knowing what damages you could be entitled to without the help of an experienced Utica bus accident lawyer might be difficult. Our attorneys often help victims seek not only medical bills and lost wages but also damages for pain, suffering, emotional distress, mental anguish, and more. Relying on insurance companies to put a value on your damages almost always leads to lower damages than you could be entitled to. Have our experienced attorneys review your case before accepting any damages – and consider pressing your case in court if the damages are not enough.
For a Free Case Review, Call Our Utica Bus Accident Lawyers
To have our Utica bus accident lawyers evaluate your case in a free case review, call The Carrion Law Firm today at (718) 841-0083.