Brentwood on Long Island is served by multiple public bus routes, as well as school bus service and other buses like charter buses that may be used in the area. Buses – like trucks and other large vehicles – are sometimes responsible for serious crashes. When this happens, it is important to have a local attorney handle your case to help you get all of the compensation you could be entitled to.
For a Brentwood, Long Island bus accident, our bus accident lawyers can help you get compensation from insurance companies and potentially file a lawsuit if you were seriously injured. It is important to understand that New York law often limits your right to sue. At the same time, bus companies often have high-dollar insurance that can get injured patrons and other drivers, pedestrians, and cyclists, the compensation they need after a crash.
For a free review of your bus accident case, call our bus accident lawyers today. Contact The Carrion Law Firm at (718) 841-0083.
Lawsuits and Insurance Claims for Bus Accidents in Brentwood, Long Island
In New York, your right to sue is often limited after an auto accident. This is because New York’s “no-fault” insurance system requires drivers to carry insurance that will cover medical expenses and lost wages for anyone in their vehicle when the accident happened, regardless of who caused the crash. The trade-off for getting compensation regardless of fault is that there is a limit on lawsuits – but sometimes those lawsuits are necessary to get full compensation.
Limits on Lawsuits in New York Auto Accidents
Unless a victim suffers a “serious injury” according to I.S.C. Law § 5104, they are barred from a lawsuit. This is defined under I.S.C. Law § 5012(d) to include any broken bones as well as any permanent injuries or long-term (i.e., 90 of the next 180 days). It also includes amputation, loss of a fetus, or death.
What is Covered by Insurance in New York
If you are under this threshold, the bus driver and bus company should still have insurance. Basic required “PIP” insurance (personal injury protection) for all drivers must cover at least $50,000 per person for injuries and medical expenses. Even with this policy, only a portion of your medical bills and lost wages will be covered.
State and federal insurance rules might require higher insurance for buses, and many bus companies carry insurance well above this limit anyway to protect themselves from lawsuits. Our bus accident lawyers can help you file claims against this insurance, but it might not be enough.
It is important to understand that if you were injured while driving or riding in another car – not the bus – then you will use your driver’s PIP coverage first to get compensation. However, the bus company’s insurance might extend to cover you instead, or a third-party claim might be available against their policy. If you were riding in the bus or you were a cyclist or pedestrian hit by a bus, then the bus driver’s PIP should cover you.
Filing a Lawsuit for a Brentwood, NY Bus Accident
If you meet the serious injury threshold and file a lawsuit, you could be entitled to full compensation for medical bills and lost wages instead of the limited funds paid through an insurance claim. Additionally, you could be entitled to compensation for pain and suffering – something that is not covered through no-fault insurance policies.
These damages could end up being much higher than the damages from an insurance claim. They can also potentially compensate you for things like mental anguish, emotional distress, and the physical pain you suffered.
Talk to our bus accident attorneys about filing a lawsuit for more accurate compensation. In many cases, our lawyers will begin by pursuing an insurance claim. If the damages paid through insurance are less than you should receive, we can fight for higher compensation in court.
Proving a Bus Driver’s Fault in a Bus Accident in Brentwood, NY
Often, bus drivers are the ones at fault for a bus accident. Like truck drivers and other commercial drivers, bus drivers are often on the road for long hours without breaks. Bus drivers are required to carry special licenses – if their bus is big enough – and to follow other state and federal driving regulations. Any violation of these rules could potentially become unsafe, placing at least some share of blame on the driver. Drivers can also be held liable for other unsafe driving decisions, such as traffic violations or something especially serious like DUI.
To prove their fault, witness testimony and your testimony as the victim will be important. Buses might also have camera feeds and other speed- and location-tracking devices installed. Our bus accident lawyers can request logs and video to help prove what happened and how the bus driver was liable.
Proving a Bus Company’s Fault in a Bus Accident in Brentwood, NY
Sometimes bus companies are liable in place of their driver or because of other mistakes under their control. As the employer of a negligent bus driver, the bus company can often be held liable for accidents the driver causes while working within the scope of their job duties. However, buses also sometimes share director liability for some of the following mistakes and dangers:
- Improper vehicle maintenance and upkeep
- Failing to properly screen and certify drivers
- Keeping known dangerous drivers on staff
- Failing to inspect vehicles
- Overworking drivers or violating hours of service regulations
Our bus accident lawyers can look for evidence of these kinds of violations and seek to hold the bus company liable for your crash.
Call Our Brentwood, NY Bus Accident Attorneys Today
For a free review of your potential bus accident case in Brentwood, Long Island, call The Carrion Law Firm today. Reach out to our bus accident lawyers by dialing (718) 841-0083.