People who live and work in the Bronx might take the bus to work or school every day. Visitors to the city might take tour buses to see the sights. In either case, a bus accident could spell disaster. The bus driver, bus company, or even governmental entities may be held responsible, depending on the situation.
Bus accidents often involve numerous injured victims, serious injuries, and high damages. You should speak to a lawyer as soon as possible, as you might have claims for significant damages. As we investigate, we should focus on gathering records pertaining to the bus and driver, your injuries, and police records about the crash. Your attorney may also help you navigate insurance claims.
Speak to our bus accident lawyers by calling The Carrion Law Firm at (718) 841-0083 and ask for a free case evaluation.
Who You Can Sue for a Bus Accident
Part of what makes bus accident cases so complicated is the number of people who might be involved. There could be many injured victims, and defendants can include bus drivers, their employers, or even governmental entities.
Bus Drivers and Other Drivers
Many accidents stem from bus driver negligence, and they may be held liable for your damages. Often, bus drivers have their own personal insurance in addition to professional insurance to help cover damages after an accident.
Our bus accident lawyers will help you figure out how the bus driver is responsible. A common cause of bus accidents is distracted drivers. If they were looking at their phone or talking to a passenger on the bus, they might have been too distracted to drive safely.
We should also consider including other drivers in the case. It is possible that the bus driver was not the only negligent driver, and someone else in another vehicle contributed to the accident. We can work with the authorities to identify the other drivers involved, allowing us to include them in the case.
Private Bus Companies
If the bus driver negligently caused the accident, their employer may be held responsible, too. The legal doctrine of respondeat superior holds that when an employee negligently causes injuries, their employer may be held vicariously liable.
If you were injured in an accident with a tour or charter bus, you can file a case against the private bus company that hired the driver. However, cases involving public transportation are more complicated because they often involve governmental entities.
Public Transportation Entities
The Metropolitan Transportation Authority (MTA) governs the public transportation in New York City. It is one of the largest public transportation agencies in the world. If you were injured in a bus accident in the Bronx on an MTA bus, you can sue the MTA for damages.
Suing a public entity is not easy, and there are a few additional legal hurdles. For example, you must submit a notice of your claim to the MTA before you can file your case. According to G.M.U. Law § 50-e(1)(a), we must submit your notice no more than 90 days after the accident.
This is a very tight deadline, and you might be unable to file a lawsuit if we miss it.
Records We Need to Prove Your Bus Accident Claims
Records about the accident are necessary to help us prove your claims in court. This may include records about you, the bus company, and records from law enforcement.
Bus accidents are known for being serious, and you might have severe injuries. We should get copies of your medical records to help us prove how bad your injuries really were. This can be especially important if your injuries come with serious complications or disabilities.
Since bus accidents often involve numerous injured people, the police may respond quickly. There may be police reports that we can use to find more evidence. While police reports are normally not admissible as evidence themselves, they may contain information about other admissible evidence that we can use.
You may have a claim against the bus company, and we can demand copies of certain business records. For example, records about the driver, safety requirements, bus maintenance, and more may shed light on how your accident happened.
How Much Are Your Damages Worth in a Bus Accident Case?
Your damages may be worth considerable compensation, but this value is based on factors specific to your situation.
First, we should consider your property damage. If you were driving your vehicle when you were struck by a bus, you might claim damages for the loss of your car. You can also claim the value of lost personal items that were inside the car.
Again, injuries in bus accident cases tend to be severe. You might have needed extensive emergency treatment, racking up enormous medical bills. You may claim your current medical bills and future costs of treatment if you need long-term care.
Other damages may be unrelated to money but still warrant financial compensation. Damages for psychological trauma, physical pain, mental suffering, distress, humiliation, and the loss of enjoyment of your life may be worth significant compensation. Ultimately, the jury will determine the value of these claims.
Filing an Insurance Claim for a Bronx, NY Bus Accident
When it comes to vehicle accidents, including bus accidents, insurance is a common means of obtaining financial compensation.
If you were driving a car, you might have to follow New York’s no-fault insurance laws. According to I.S.C. Law § 5104(a), people injured in vehicle accidents may not file lawsuits unless they have a “serious injury.” Your only option is to file a claim with your personal injury protection (PIP) insurance.
A serious injury is defined under § 5102(d). It includes death, dismemberment, the loss of a fetus, fractures, the permanent loss or limitation of bodily systems or functions, or medically diagnosed, non-permanent injuries that hinder your ability to do normal daily tasks for at least 90 days after the accident.
If you are a passenger on the bus, you may still file with your PIP insurance if you have any. However, if you do not have auto insurance, you may consider filing a third-party insurance claim with the bus company’s insurance provider.
How Long You Have to Prepare a Bus Accident Claim
A bus accident case may take time to prepare, and you should speak to an attorney for help as soon as possible.
Under the statute of limitations, C.V.P. Law § 214, you have 3 years from the day of the bus accident to file a personal injury lawsuit. Again, preparing a case takes time and effort, and you should meet with a lawyer soon.
Under limited circumstances, you may have the statute of limitations tolled, and your time to file extended. One possible tolling method is available under § 208(a). If you are a minor during the accident or have a legal disability that prevents you from filing your case, you may have the statute tolled until you are 18 or your disability is lifted.
Whatever your situation, you should try to begin your case as soon as possible. Insurance claims and formal investigations will likely take time, and if you wait too long before seeking a lawyer’s help, you might run out of time to prepare a lawsuit.
How to File a Bus Accident Lawsuit in the Bronx, NY
Filing a bus accident lawsuit is not a simple task and requires time, effort, and extensive preparations.
Your first step is to hire a lawyer who will help you collect evidence. We need evidence to file your initial complaint with the court. While we do not need all the evidence necessary to meet our burden of proof, we should have enough to show that you have a valid cause of legal action.
Next, you and your attorney should evaluate your damages. This may include numerous financial costs in addition to subjective, painful experiences. Remember, any damages that are not claimed in the initial complaint might be off the table forever.
Once our bus accident lawyers have all the necessary information, we can draft a formal legal complaint. The complaint must contain specific details about you, the defendant, how the accident happened, your damages, evidence to support your claim, and why we believe the defendant is responsible.
Can I File a Bus Accident Claim if I am Partly to Blame for the Accident?
Multiple people often share fault for an accident. Sometimes, injured victims share some blame. Even so, they may still file a case against the bus driver and their employer, but the court may alter their damages.
New York follows a pure comparative negligence law under C.V.P. Law § 1411, which means a plaintiff’s damages may be reduced according to their share of fault. If the court determines you are 20% responsible for the bus accident, your overall damages may be reduced by 20%.
A plaintiff might share responsibility for a bus accident if they somehow contributed to the accident. If you were driving your vehicle and cut the bus driver off without using a signal, you might be partially at fault.
It is less likely for a passenger on the bus to be responsible for the accident unless they did something unusual or outrageous, such as purposefully distracting the bus driver.
Is a Lawsuit or Settlement Better in a Bus Accident Case in the Bronx, NY
Whether you should take your lawsuit to court or accept a settlement depends on your needs and what you want. Both options have pros and cons, and you should talk to your lawyer before making a final decision.
One thing most people dislike about lawsuits is the time they take to complete. Many cases last for months or even years if the facts and evidence are more complicated. However, if your lawsuit is successful, you may be awarded the full extent of your damages without being restricted by insurance policy limits or negotiations with the defendant.
A settlement can net you compensation, but it is often somewhat less than what your claims are worth. You can negotiate with the defendant about the settlement amount, and you may get more if you have stronger evidence and better odds of winning in court. Settlements do not require a trial, so you may get compensation faster.
What You Should Do Immediately Following a Bus Accident
Immediately following a bus accident, seek help and remain calm. Call 911 or have someone else do it for you. Be sure to have emergency medical responders and the police dispatched to the scene.
You should remain at the scene until the authorities arrive. There may be numerous people involved in the accident, and it can be easy to slip away unnoticed. You may need emergency help, and the police may want statements from passengers and victims about what happened.
Take photos and record videos of the accident aftermath if you can. Photos and videos may be extremely helpful, as they may preserve details from the scene that are lost when the authorities clear everything away.
How You Might Be Injured in a Bus Accident in the Bronx, NY
The details of how your bus accident occurred and how you were injured are crucial to proving your claims. Many bus accidents involve collisions with other vehicles. Depending on the size of the other vehicles and how many are involved, your injuries might be catastrophic.
In other cases, a bus might topple over on the road. Buses are enormous, heavy vehicles, and they may fall over if the bus driver is speeding or making tight turns. Bad road conditions may also contribute to accidents like this.
Other accidents may involve sudden stops. If the bus driver slams the brakes for some reason, passengers may be thrown around the bus, as they normally do not have seatbelts.
Contact Our Bronx, NY Bus Accident Lawyers for Help Now
Speak to our bus accident lawyers by calling The Carrion Law Firm at (718) 841-0083 and ask for a free case evaluation.
