Park Slope is one of the busiest neighborhoods in Brooklyn, with thousands of residents and tourists relying on buses for transportation every day. Unfortunately, most do not know what to do when they are involved in a bus accident.
When you are injured in a bus accident, speak with our attorneys to start your claim. Our team can explore the various compensation options that will likely be available. We can start by getting you compensation through your insurance or the bus company’s commercial policy. We can also determine if your economic losses or injuries are serious enough to file a lawsuit for pain and suffering damages. One of the other challenges for victims is knowing who to sue. Our lawyers have extensive experience bringing claims against city and state government agencies and can help you overcome the additional hurdles to compensation suing a public bus company presents.
Contact The Carrion Law Firm at (718) 841-0083 for a free case evaluation with our Brooklyn bus accident attorneys today.
How Insurance and Lawsuits Work for Bus Accidents in Park Slope, Brooklyn
Recovering compensation after being injured in a Park Slope bus accident is often a difficult task for victims. No-fault insurance rules and their limitations on your right to file a lawsuit present significant challenges to covering all your damages. Fortunately, our experienced bus accident attorneys can review your insurance options and whether you meet the threshold to file a lawsuit. While these cases are complex, you will typically have a few insurance policies to provide coverage that can help cover your immediate expenses.
No-Fault Insurance
When someone is injured in a bus accident, your own or the bus company’s no-fault insurance, or “Personal Injury Protection” (PIP) coverage, will typically cover your medical expenses and lost income if your injuries keep you out of work. If you were injured while driving or the passenger in another vehicle, you will turn to your coverage first. If you were a passenger on the bus when injured, the bus company’s PIP insurance should provide the first bit of compensation. Further, you can claim this coverage without proving negligence.
The bad news is that PIP coverage will only compensate a limited amount of your medical bills and a portion of lost income. If your injuries are serious, you can quickly exceed these limits. In many cases, though, the bus company will have insurance policies that provide higher limits for bodily damages than the minimum PIP coverage. In these cases, we can file a third-party claim with the additional policy to cover damages your PIP did not. However, insurance still might not provide compensation for your pain and suffering. You will need to file a lawsuit to recover your non-economic losses and any remaining economic damages you have.
Filing a Lawsuit
The other major drawback to the no-fault system is its limitations on victims’ right to file a claim in court. Vehicle accident lawsuits are reserved for serious cases, as the law considers it. Thus, you can file a lawsuit if certain conditions are met.
One way to overcome the limitation is to show that your damages exceed the “basic economic loss” of $50,000, according to I.S.C. Law § 5012(a). If your medical treatment, exams, lost earnings, and any other necessary expenses add up to more than $50,000, you can file a lawsuit for pain and suffering. Many bus accident damages exceed this limit.
The other way to file a lawsuit is by overcoming the “serious” injury threshold. Under § 5012(d), if you suffer a serious injury, like the loss of a body part or organ function, disfigurement, or miscarriage, you are permitted to file a lawsuit. You can also meet this requirement if you suffered broken bones or your injuries impaired your daily and usual activities for 90 out of the first 180 days after your accident. Considering the broad scope of the legal definition, we can usually find a way to file your lawsuit.
Parties that Can Be Held Responsible in a Park Slope, Brooklyn Bus Accident
Another challenge in many bus accident claims is determining who to sue for your injuries. While assessing the extent of your damages, we will determine whether the bus that injured you was privately or publicly operated and if other drivers shared fault for the accident.
Public Bus Companies
Park Slope is one of the busiest neighborhoods in Brooklyn and NYC, so many MTA buses operate there around the clock. As such, it is common for MTA buses to be involved in accidents.
However, the MTA is a publicly-operated transportation company, which places additional challenges on injury victims’ claims. For example, you must start your claim quickly because you only have 90 days following the accident to provide the agency with notice of your claim, as per G.M.U. § 50-e(a). The notice must provide details regarding the accident and the injuries and damages you are claiming. If they ignore or refuse your claim, § 50-i provides one year and 90 days to file a lawsuit.
Private Bus Companies and Drivers
The rules just discussed will not be an issue if the bus company or driver responsible was privately operated. For instance, numerous tour buses provide services for nearby Prospect Park. If you were injured because the bus driver acted negligently, you can typically sue them and the bus company. Private bus companies are vicariously liable for the negligent conduct of their employees if they cause an accident while on the job, which is usually the case.
Other Drivers
Most bus accidents in Park Slope involve other drivers. If you were the passenger on a bus hit by another vehicle, our team will determine each party’s liability. In most cases, we will sue both drivers to maximize your chances of recovering compensation.
Our Park Slope, Brooklyn Bus Accident Attorneys Are Here to Fight for the Compensation You Deserve
Call The Carrion Law Firm at (718) 841-0083 to get your free case review with our bus accident lawyers.