Buses provide transportation services to countless people in Corona. Many use MTA buses for their daily commute, while others come to Queens on private charter buses or ride tour buses to see the many sites Corona offers.
However, many victims do not know what to do after getting injured in a bus accident. We recommend working with our attorneys to understand how to recover compensation from the driver and bus company. Bus accident cases have issues that are typically not a concern in other vehicle claims, like suing the government. Fortunately, we know what requirements must be met when suing a municipal bus company like the MTA, including how long you have to sue. We can also help you determine each liable party if a charter bus driver injured you. Private bus companies are often held responsible for their driver’s negligence.
For a free assessment of your case with our Queens bus accident attorneys, contact The Carrion Law Firm today at (718) 841-0083.
Why You Should Work with Our Attorneys After a Bus Accident in Corona, Queens
Recovering compensation after a Corona bus accident is often more challenging than a car crash claim. Large private bus companies and public transportation agencies are typically liable for these accidents, but suing them is not like suing a private individual. Different rules and limitations apply that can seriously impact your compensation if going through the process without legal support.
Our bus accident lawyers understand the complex nature of these cases and can guide you through the recovery process. We will explain how your case will proceed depending on the defendant and determine the best routes to compensation, including filing a lawsuit. The following are major reasons for having legal counsel represent you after your bus accident in Corona:
Determine the Liable Parties
Corona is an immensely popular area of Queens, bordering some of New York City’s most visited attractions and sports venues. As such, numerous types of buses provide services in the neighborhood. Buse companies can typically be split into two types: private and public companies. Which kind was involved in your crash will inform our legal strategies when assessing liability.
Countless private bus companies, like Megabuses and Greyhounds, operate in Corona, picking up and dropping off visitors. Perhaps you were injured on a tour or charter bus traveling around the New York State Pavilion or to the Queens Zoo. In these cases, we can sue the bus driver for negligence. However, vicarious liability allows our team to file a claim against the private bus company for its driver’s carelessness. As long as the driver’s conduct was not outside the scope of their work, we can hold their employer liable even if there is no evidence of the private bus company specifically acting negligently.
Liability is more complex when a public bus company driver is responsible for the crash. The MTA operates countless bus routes throughout Corona. For instance, you might have been injured on your way to see a Mets game at Citi Field or stepping off at your everyday stop. Unfortunately, certain legal rules prevent lawsuits from being filed against government workers. Instead, we will typically pursue compensation from the public bus company individually, like the MTA.
Overcoming Challenges to Filing a Lawsuit
Vehicle accidents in New York are subject to no-fault insurance rules, including bus accidents. The benefit of this system is that you can use your own car insurance for coverage if you have it. Your Personal Injury Protection (PIP) insurance provides coverage for a certain amount of your medical expenses and some of your lost income, but not all. The drawback is that it limits victims to recovering their economic damages, not their non-economic losses. Further, victims are only permitted to file a lawsuit to recoup these damages in limited situations.
The first way to beat this limitation is to gather medical evidence showing that your economic losses were greater than the basic loss amount of $50,000 set by I.S.C. Law § 5012(a). Our team can file a lawsuit to recover your remaining economic damages that exceed $50,000 and opens the door to recovering your non-economic damages.
You can also file a lawsuit if you suffered serious injuries, as defined by § 5012(d). Some of the injuries on the list are obviously serious by their nature, like miscarriage and death. Other injuries might need more medical evidence to explain why they are serious, like those impacting your daily activities for the first 90 days following the accident.
Determine How Long You Have to File a Claim
Again, the type of bus driver and company responsible for your injuries will impact how long you have to file a lawsuit. You will have the most time to file your claim if it is against a private bus company and its driver. C.V.P. Law § 214(5) allows accident victims three years to file a claim against a private commercial bus company.
You typically have far less time to file a lawsuit against a public bus company like the MTA. Even before you can file your lawsuit, G.M.U. § 50-e(a) requires you to provide the MTA with a “notice of claim” within 90 days from the date of the accident. Essentially, your notice gives the public agency a fair warning of your impending claim and allows them to settle it before initiating time-consuming litigation. Your notice must include the parties involved, the nature of the crash, and the damages you sustained and seeking compensation for. If the claim is not settled, § 50-i gives you one additional year from the claim denial to file your lawsuit with the court.
This is an extremely short amount of time to prepare what is typically a complex case. For instance, many people likely witnessed the accident, and we will need time to identify and interview them.
Call Our Bus Accident Attorneys in Corona, NY Today for Help Filing Your Claim
Call The Carrion Law Firm at (718) 841-0083 to receive a free case evaluation with our bus accident lawyers.