Being hit by a bus can cause catastrophic injuries. Even riding in a bus during a bus accident can leave you with serious injuries, long-term disabilities, and an expensive road to recovery. For help getting the compensation you need, consider working with an experienced bus accident attorney after your accident.
Getting compensation from a bus driver and the bus company they work for can be difficult. These companies use insurance companies and lawyers to block liability and shut down claims against them in the interest of profits. If you were hurt, you should have strong legal representation as well. Our lawyers can fight to get you the compensation you need after a bus accident.
Call The Carrion Law Firm for a free case review with our Buffalo bus accident lawyers today. Our phone number is (718) 841-0083.
Who to Sue in a Bus Accident Lawsuit in Buffalo, NY
When you are injured in a bus accident, there are multiple potential parties you could be entitled to file a lawsuit against. However, there is first the matter of whether you can sue at all.
Suing for Bus Accidents
New York uses no-fault insurance. This means that each driver has insurance to cover everyone in their vehicle. In the case of a private car, this means that you will have no-fault insurance as the driver, and it will also cover your passengers. For a bus, the no-fault insurance should cover all passengers inside the bus.
However, if your injuries are sufficiently “severe,” then you could be entitled to file a liability claim against the driver of the car that hit you – or you could file a lawsuit directly against them. This could open additional damages that are blocked under no-fault policies, such as pain and suffering.
Suing the Bus Driver
If the bus driver caused the crash and you have severe injuries, then you can sue them for the accident. This is true whether you were in another car that they hit, you were walking on foot, or you were a passenger in the bus when the accident happened.
Suing the Bus Company
You can also sue the bus company for their driver’s negligence. Companies are made up of a group of people – namely the employees – so the mistakes and accidents that a company causes are ultimately the mistakes and accidents of its employees. If the bus driver caused the accident while they were on the clock and working within the scope of their duties as a bus driver, the company they work for should be liable for the injuries their driver caused.
Bus companies can also be held liable for accidents caused by other issues the company would be responsible for. This includes negligent hiring and retention of dangerous drivers and maintenance or equipment issues. If the bus or the driver they hired is too dangerous, then the bus company should be responsible to the extent that that contributed to causing the accident.
Suing private bus companies usually has no additional requirements, but suing public entities could involve additional restrictions and procedures your Buffalo bus accident lawyers can help with.
Suing Another Driver
Sometimes the bus driver and the bus company are completely innocent in causing the accident. In these cases, there is usually another driver who hit the bus. Victims of that other driver who faced serious injury could be entitled to sue that at-fault driver for their injuries. This could potentially even include the bus driver among the injured victims.
Suing the Government for Bus Accidents
Some buses are owned and operated by the government. This is common with school buses and with public transit, like the NFTA (Niagara Frontier Transportation Authority). Keep in mind that when suing the government (including lawsuits against the NFTA), there are additional notice requirements and special rules that you and your Buffalo bus accident lawyer will need to follow. This includes a 90-day deadline to file a notice of your claim with the NFTA.
Damages for Bus Accident Injuries in Buffalo, NY
When relying on insurance, the damages you receive could be limited. However, lawsuits could entitle you to additional damages for your injuries. You should always have your Buffalo bus accident lawyers review your case and determine how much your claim should be worth to avoid having your claim undercut by insurance companies.
Damages in a no-fault insurance claim are often limited to medical bills and lost wages. No-fault insurance tends to cover only a percentage of these damages and, if you are using your own PIP insurance, you could be left paying deductibles as well. If your injuries are serious and you file a claim against the bus company’s liability insurance, you could be entitled to more full compensation for these areas of economic damages in addition to compensation for non-economic damages like pain and suffering. Payments for vehicle damage can also be claimed if you were driving another car when hit by a bus.
Even so, insurance companies might try to undercut your claim or re-calculate damages in a way that reduces your overall payout. They might also deny certain areas of compensation related to your injury, or they might try to deny your claim entirely. When you take your injury case to court, not only are damages for pain and suffering available, but the value of your case is determined by a neutral jury instead of an interested insurance company.
Lastly, in a lawsuit, our Buffalo bus accident lawyers might be able to argue for punitive damages. These damages are rare, but they are sometimes available when bus companies violate state or federal transportation regulations that lead to injuries or when companies repeatedly cause dangerous conditions and accidents.
Call Our Buffalo Bus Accident Attorneys Today
For a free case review on your bus accident case, contact The Carrion Law Firm’s Buffalo bus accident lawyers today at (718) 841-0083.