Bus accidents are rarely minor, often injuring many victims and causing extreme damage. When injured in such circumstances, victims can turn to our attorneys for assistance in building and filing their claims.

The Metropolitan Transportation Authority (MTA) offers bus transportation services in Crown Heights and the greater area. When accidents happen due to negligent MTA bus drivers, victims could bring claims against the MTA to recover compensatory damages. To do so, you must first file a notice of a claim with the MTA within 90 days of the incident. If your case does not settle, you can pursue litigation, provided your injuries pass the injury threshold. Bus accidents are auto accidents, meaning New York’s serious injury threshold could factor into claims. There is no limit on compensatory damages in claims against government agencies or authorities in New York, enabling victims to recover all losses they can prove, including their pain and suffering.

To get a confidential and free case assessment from The Carrion Law Firm’s Brooklyn, NY bus accident lawyers, call us today at (718) 841-0083.

What to Know About Bringing a Bus Accident Claim in Crown Heights

Bus accident claims differ slightly from other auto accident cases. For example, if hurt while riding on an MTA bus, your claim would involve the MTA, which could bring about new filing requirements. We can help you navigate your case for bus accident injuries, quantifying your recoverable damages and ensuring you pass the serious injury threshold.

The Liable Party

First and foremost, victims should understand how the filing deadline for bus accident claims differs from the statute of limitations for general personal injury claims. The MTA runs through Crown Heights, offering public transportation services. If injured by a negligent MTA bus driver, you would bring a claim against the MTA, not the individual driver. Instead of the bus driver being financially liable for your damages, the MTA might be.

In claims involving private charter buses, the company may also be financially responsible for a driver’s negligence because of vicarious liability. This makes employers liable for certain actions of their employees while working. Identifying who is ultimately liable for your injuries is crucial, as this will dictate who we bring a claim against and how we proceed with your case.

The Filing Deadline

If the MTA is the liable party in your case, our bus accident lawyers can write and submit a notice of claim by the appropriate deadline. According to G.M.U. Law § 50-e(a), injured victims must first send a notice of a claim to the MTA within 90 days of an accident. Victims may pursue litigation if the claim does not settle but must do so within the next year and 90 days, according to § 50-i(c).

In wrongful death claims, plaintiffs have 90 days from being appointed a victim’s personal representative to send a notice of a claim to the MTA. If these claims progress to litigation, plaintiffs must file lawsuits within two years of the victim’s death.

If your claim involves a private charter bus company, you will not have to file a notice of a claim and will have three years to file your lawsuit.

The Serious Injury Threshold

Bus accidents are auto accidents held to New York’s no-fault rules. Because of this, victims must demonstrate that they have sustained injuries that warrant litigation and cannot be covered by their personal injury protection insurance. This requires a thorough understanding of New York’s serious injury threshold and the less-obvious injuries that sometimes meet the criteria, like certain non-permanent injuries that pass the 90/180-day rule.

Medical evidence is required to show that injuries surpass the threshold. Victims should let paramedics who arrive on the scene treat their injuries and take them to the hospital.

Even if you were hurt as a passenger of the bus during the accident and not a passenger car driver, your case will be subject to New York’s no-fault rules, and you must prove serious injury to sue. This is one reason why prioritizing your medical care and physical recovery following an accident is crucial, as it will generate medical evidence for your case.

The Standard of Proof

The standard of proof for bus accident claims is the same as other personal injury lawsuits. This means we must prove the defendant owed you a duty of care but breached it, causing your injuries and damages. To do this, we must identify how the accident happened. If the driver was negligent, we must determine how. If the MTA hired the driver without checking that they had the proper qualifications to operate a large bus or did not perform the proper maintenance on a vehicle, an accident could occur for which the MTA would be liable.

When lawsuits go to court, plaintiffs must prove that a defendant is more than likely responsible for the accident and the resulting damages. Meeting the standard of proof requires evidence we can preserve and obtain, such as video footage, photographs, expert witness statements, and eyewitness statements.

Recoverable Damages

Some states limit recoverable damages in claims against public authorities or government agencies like the MTA, but New York does not. This benefits victims, as they can recover compensation for all economic and non-economic damages, provided they prove their losses.

We can organize medical bills, assess your lost wages, and identify other out-of-pocket expenses, like home modification costs to accommodate permanent injuries, so all potentially recoverable damages are accounted for.

There is also no limit on non-economic damages in MTA bus accident claims. Initial settlement proposals might only partially compensate you for your pain and suffering. Still, our attorneys can continue to negotiate, leveraging evidence of negligence to increase proposals and keep the matter out of court. Showing non-economic damages might require a combination of tactics and evidence, like statements from mental health experts and testimony from victims.

Call Our Attorneys for Help with Your Case in Crown Heights

Get a free case review from The Carrion Law Firm by calling our bus accident lawyers at (718) 841-0083.