Bus accidents can be devastating. These are big, heavy vehicles that can cause massive damage to the victims they hit. When a bus is hit by another vehicle, it can also cause injuries to dozens of victims at once, dividing the defendant’s insurance payout among multiple defendants and reducing each victim’s share.
Fortunately, there are options. Our lawyers can help you pursue no-fault damages to cover injuries that might not be paid in a lawsuit against an at-fault driver. When the bus driver is liable, we can help recover damages by taking the case against the bus company, too.
For a free case review, call The Carrion Law Firm’s bus accident attorneys at (718) 841-0083.
Can the At-Fault Driver Pay for a Bus Crash?
When a bunch of bus passengers are hit by a car or truck, they could all face injuries. The at-fault driver is supposed to have insurance to cover these damages, but their insurance policy likely is not very high. The minimum standard insurance is $50,000 per accident, but if five – let alone ten or twenty – bus passengers split this, each could see barely enough to afford medical care.
Hopefully, your crash will involve fewer passengers who faced injury, allowing you to get full compensation from the at-fault driver. However, there are other ways to get compensation that might help.
Does the Bus Company Pay for Injured Victims?
Whether you were a bus passenger or a pedestrian or cyclist hit by a bus, their no-fault insurance should cover you. This gives you coverage regardless of who was at fault, making sure that there is money available to pay you whether another at-fault driver would be able to afford it or not.
For passengers, this means filing with the driver’s/bus company’s insurance. This should cover a much higher policy limit than a typical car insurance policy because bus accidents could involve multiple seriously injured victims.
If you were on foot or riding a bike, you could also be covered under this insurance. No-fault insurance in New York is supposed to cover pedestrians as well, which includes cyclists.
If the bus driver caused the crash, then additional damages can be claimed because liability insurance will also kick in. This means that even victims driving or riding in other cars can potentially bring a claim against the driver and the bus company.
Suing the Bus Company for a Crash
Typically, when their driver is at fault, the bus company is at fault. There is a legal rule known as “respondeat superior” that allows victims of negligence to hold the defendant’s employer responsible if the negligence occurred within the scope of that employee’s job. Bus drivers are hired to drive buses, so any crash they cause through negligence should be held against the bus company.
Sometimes the driver is not wholly at fault, but the bus company is still at least partially liable. Bus companies own the vehicle and take responsibility for maintenance and upkeep. Having a dangerous bus on the road would be their fault.
They can also share liability with their driver if they were negligent in either hiring or retaining a dangerous driver.
Can I Sue the MTA for a Crash in Astoria?
The MTA is technically a separate entity from the New York City government with its own CEO and board, but for our purposes, the MTA is still treated as a government entity. Government entities are sometimes immune from lawsuits, but not in the context of MTA accidents.
As long as the employee (i.e., the bus driver) was acting within the scope of their duties when they caused a crash, the MTA can usually be held responsible for the accident. However, there are additional rules and requirements about how to serve the MTA with notice of a lawsuit, when you need to give them notice, when the lawsuit has to be filed, etc.
Make sure that if the MTA was involved, you call our bus accident lawyers even sooner, as the earliest deadline in your case is only 90 days from the accident.
Suing Private Bus Companies
Many other bus companies are private entities, meaning they can be sued under the same rules for suing any other company. This is where the respondeat superior rule discussed above comes into play.
A company can be held liable for what its employees do, meaning they can be liable for a crash caused by a driver, bad maintenance by a mechanic, or other issues. This rule covers private entities, such as…
- Interstate buses
- Tour buses
- Charter buses
- Convenience shuttles.
Damages Available in a Bus Accident in Astoria
As mentioned, bus accidents often have damages available from insurance. Both the bus and the other driver – if it was not a single-vehicle crash – should have insurance to cover you, whether you were a passenger or another driver. If you were driving or riding in another car, that driver’s no-fault insurance can also pay a portion of the damages.
The total cost of your case will vary based on what specific damages you suffered. There is no one-size-fits-all value for a bus accident case or for particular injuries, and you will instead need to have your lawyer add up all of the costs and expenses related to your case to determine your damages.
Most cases involve both economic and non-economic damages, which can include compensation for any of these costs, if relevant:
- Medical bills
- Follow-up care costs, such as rehabilitation and physical therapy
- Mental health/psychiatric care after an accident
- Lost wages during your recovery
- Ongoing lost earnings for a new disability
- Emotional damages
- Pain and suffering
- Property damage
- Other costs and expenses.
Should I Settle or Go to Trial?
The question of whether to settle your case or go to trial is a case-by-case issue, and our lawyers need to analyze your specific case to advise you either way. However, one simple rule you can follow is to never settle without reviewing your case with your lawyer first.
Insurance companies like to send checks or documents that need a signature in the hope that they can entice you into a quick settlement that might only cover a fraction of what you need. Allow our lawyers to negotiate for higher damages then, if that does not result in full compensation, take your case to court.
Call Our Bus Accident Attorneys in Astoria Today
If you were hurt in a bus accident in Astoria or anywhere else in Queens or throughout NYC, call our bus accident attorneys at The Carrion Law Firm at (718) 841-0083 today.
