The Metropolitan Transportation Authority (MTA) is responsible for operating and maintaining New York City’s public bus lines. Traffic in NYC is known to get hectic, and accidents with buses are not uncommon.
A bus accident can leave drivers with severe injuries needing extensive medical treatment. While you can sue the bus driver who caused your accident, you can also sue the MTA who employed the driver. Keep in mind that the MTA is considered a public entity and part of the city, so suing them requires following different rules and procedures. Bus accidents often happen when bus drivers fail to look out for other drivers, run red lights, or otherwise drive recklessly. In a lawsuit, injured drivers can claim their medical bills, property damage, and more.
Schedule a free review of your case with our MTA bus accident attorneys by calling The Carrion Law Firm at (347) 658-1226.
Who is Liable for an MTA Bus Accident in NYC?
After an MTA bus accident in New York City, you might be left with painful injuries, mounting medical bills, a totaled car, and other overwhelming expenses. Our MTA bus accident lawyers can help you file a lawsuit to get the compensation you deserve after a crash. One of the most important questions we must answer in your case is who you should hold liable.
In many bus accidents, the bus driver can be held liable. Bus driver negligence is a common cause of bus accidents in New York City, and the bus driver in your case may be no exception. Bus drivers are responsible for operating very large, heavy vehicles at high speeds. If they take their eyes off the road or drive without proper caution, they can cause serious accidents.
You can also hold the MTA liable for the bus accident. Suing the MTA is trickier than suing the bus driver or any other private person. The MTA is a public entity and part of New York City. As such, you must follow different rules when filing your lawsuit.
According to GMU Law § 50-e(a), you must serve notice upon a town, city, or public entity when filing a lawsuit. This notice must be served no less than 90 days from the date the claim arose. In the case of suing the MTA for a bus accident, you have 90 days from the date of the bus accident to file your lawsuit and serve a notice of claim upon the MTA. This is a very short period to begin a lawsuit, so we must act quickly.
Why You Should Hire an Attorney for Your MTA Bus Accident Case in NYC
When hiring an attorney, you should find someone with the skills and experience to effectively advocate for compensation. Our team has experience with bus accident cases involving the MTA, and we are prepared to help you get the compensation you rightly deserve.
One of the most crucial aspects of your case that an attorney can assist with is the preparation of evidence. Generally, we use evidence in two important ways. First, we must present the evidence and facts to the jury. Second, we must use the evidence to persuade the jury that the defendant is liable for your injuries. Simply having evidence is not enough. We must convince the jury that our evidence is true and correct.
We must also help you assess your damages. As discussed in greater detail below, your damages may include a wide array of injuries, expenses, and painful experiences. While some damages come with clearly defined monetary value, others are more subjective. Not only can our attorneys calculate your numerous costs and expenses, but we can advocate for fair compensation for non-economic injuries like your pain and suffering.
Once we have information regarding evidence, damages, and the parties involved in the accident, it is time to draft a formal legal complaint. The complaint is a legal document that initiates the lawsuit. We must take time to ensure that the complaint is accurate and detailed, as it sets the tone for the entire case. If details about damages or the accident are missing, you might risk losing compensation. Our team of legal professionals has filed many complaints before and can help you make sure yours is accurate and correctly filed.
How MTA Bus Accidents Happen in NYC
Bus accidents have various causes, especially in New York City, where traffic is notoriously chaotic and unpredictable. Many accidents happen because of bus driver negligence, reckless driving, speeding, ignoring traffic signals, and more. Discussing how your bus accident happened with our team is important as it will influence how our MTA bus accident attorneys approach your case.
Many bus accidents happen when the bus driver is distracted. There are lots of potential distractions for bus drivers. Not only must they keep their attention on the road, but they might have numerous passengers to contend with. If a bus driver is distracted and causes an accident, they can be held liable.
Accidents also happen at intersections when bus drivers fail to stop. The failure to stop might be because they were speeding and could not stop in time. It might also be because they tried to cross an intersection before a yellow traffic light turned red. When this happens, bus drivers place other drivers at risk, and our legal team can help you hold them liable.
Other common reasons for bus accidents include failing to signal when turning or changing lanes. A bus is a very large vehicle. If a bus driver fails to signal a turn or lane change, they might hit other drivers riding alongside them. In most cases, the other driver will be the one with the more severe injuries, and the bus driver can be held liable.
What to Do During and After an MTA Bus Accident in NYC to Help Your Lawsuit
Your case begins at the exact moment of the bus accident. While your first concern should be getting help and getting to a hospital, you should also try to take steps to preserve evidence and gather the information you can use in a lawsuit later.
It is common for people in various accidents to take pictures while they wait for help to arrive. Often, these pictures are intended for insurance claims, but they can also be used as evidence in a lawsuit. Random photos of the accident scene might not seem helpful initially, but they come in handy when defendants try to dispute facts regarding the crash. Photos of vehicle damage, injuries, and the general area around the accident scene might shed light on how the crash happened and why the defendant should be held liable.
It is also smart to exchange personal information with people at the accident scene. The bus driver might not be very forthcoming with their information as they probably know their job is on the line. However, you can still exchange information with other passengers and drivers. These people might act as witnesses in your case or even co-plaintiffs if they are also injured.
Taking photos and talking to others at the accident scene might not be possible if your injuries are severe. Instead, you should focus on getting emergency help. Not only is this best for your health and well-being, but you must get treatment to create medical records of your injuries and treatment. These records may be used later to prove to a jury just how badly you were injured in the accident.
Damages Available in MTA Bus Accident Cases in NYC
It is important to include your medical expenses among your damages after a bus accident. Bus accidents are often very serious, and drivers suffer extensive injuries. You should include all the medical bills you have incurred since the accident, including surgeries, medications, therapies, and other treatments. You can also include any future medical expenses you expect to incur because of the accident.
If you were driving your own vehicle when hit by an MTA bus, you can claim the value of the repairs or the cost to replace the vehicle as part of your damages. Not only are cars very expensive, but people rely on them to get around and live their lives. We can help you maximize these damages and get the compensation you need.
We can also help you calculate the income you have lost since being injured and include it in your damages. You likely had to take time away from work to recover lost significant income. In some cases, drivers are so injured they can never return to work, and they can claim lost future income. Promotions or pay increases you would have obtained had you not been injured should also be factored into your calculations.
Do not overlook your mental and physical pain and suffering. These are considered non-economic damages because they are not connected to specific monetary costs like the previously mentioned damages. Instead, we must argue the value of these damages by demonstrating how they have affected your daily life.
Does Insurance Affect My MTA Bus Accident Lawsuit in NYC?
As with many vehicle crashes and collisions, insurance will likely come up at some point in our bus accident case. New York is a no-fault auto insurance state, meaning injured victims must file insurance claims through their own personal injury protection insurance (PIP) before other options for compensation can be explored.
The problem is that many people using the bus in and around NYC do not drive themselves and do not have auto insurance. In such a case, injured bus passengers may be entitled to no-fault benefits through the bus driver or bus company’s insurance.
In the State of New York, lawsuits for vehicle accidents are permitted only if plaintiffs experience a “serious injury” as defined under the law. Serious injuries may include death, losing a fetus, significant disfigurement, dismemberment, the permanent loss or limitation of a body part or bodily function, or any non-permanent injury that inhibits you from doing normal daily activities for at least 90 days out of the 180 days after the crash.
Often, injured victims navigate the insurance process before filing a lawsuit, but this is not always the case. If the insurance company delays your claim or is otherwise not cooperating, we can begin preparing the lawsuit to put pressure on the insurance company. If your insurance claim does not work out, our bus accident attorneys will have your lawsuit ready to file.
Useful Evidence in MTA Bus Accident Lawsuits in NYC
As discussed above, much evidence for your bus accident case will come right from the accident scene. Photos, security videos, and witnesses from the scene should all be gathered as quickly as possible. In addition, there might be evidence from other unexpected places that your attorneys should know how to find.
For example, your lawyer can help you obtain a copy of the police report from the accident. Bus accidents are often severe, and numerous people are injured. As such, law enforcement officials are usually quick to investigate. If the investigation uncovers evidence that the bus driver committed serious traffic violations, was intoxicated, or other incriminating details, we can use that information as evidence.
One of the most important pieces of evidence in your case is your own testimony. We need you to explain to the jury how you were injured and affected by the accident. It is understandable to find testifying about such a traumatic event difficult, but it might greatly help your case. Our team can help you prepare what you want to say so there are no surprises on the witness stand.
Call Our NYC Bus Accident Attorneys for Assistance
To schedule a free case review, call The Carrion Law Firm at (347) 658-1226, and our MTA bus accident lawyers in NYC can help you cover your damages and get justice.