Elmhurst Bus Accident Lawyer
The Elmhurst neighborhood in Queens is home to multiple bus stops. If you were involved in an accident with one of the buses that operate in Elmhurst, you could be entitled to compensation for any injuries resulting from the crash. But getting this compensation can be difficult because of the strong legal teams bus companies tend to employ and because of the rules and restrictions on lawsuits under New York’s no-fault rules.
Our attorneys can help you by standing up to powerful legal teams, negotiating with insurance companies for proper compensation, and even taking your case to court when necessary. Never try to settle one of these bus accident cases alone, especially if you suffered serious injuries.
For a free review of your case, call (718) 841-0083 today to speak with the bus accident lawyers at The Carrion Law Firm.
Challenges when Suing for Bus Accidents in Elmhurst, Queens
To get your lawsuit into court, there are a few challenges you face first. Our bus accident lawyers can review your case and help you with all of these challenges, ultimately fighting your case before a court to get your damages (when needed).
No-Fault Rules
New York’s no-fault car insurance rules make it harder to sue for your injuries. Although your own insurance policy should cover a good amount of medical bills and lost wages, it usually will not cover 100% of these damages and will block compensation for pain and suffering. To access the rest of your damages, you might need to file a lawsuit, but lawsuits are generally blocked unless you have “serious injuries.”
Meeting the legal definition of “serious injuries” is possible if you have any permanent injuries, substantial scarring/disfigurement, or a broken bone. This threshold is also met for the loss of a fetus or in any case where a loved one is killed in a crash.
If you meet these standards, you open access to a lawsuit or a third-party insurance claim against the driver and the bus company’s insurance policies. These might provide sufficient coverage without needing a lawsuit, but you should work with our bus accident lawyers for help determining whether this is the case for you.
Even if you were walking on foot or riding a bike when the bus hit you, these restrictions still apply. In those cases, the bus driver’s no-fault insurance should cover you.
Bus Company Legal Teams and Insurance Companies
The insurance companies and legal teams that businesses hire often seek to shut down claims against their clients and end any claims early at low expense. Aggressive legal teams for the bus driver and the bus company should be countered with serious, professional lawyers like our bus accident attorneys. We can stand up to these legal teams, negotiate damages, and even fight the case in court if necessary to get you the compensation you need for your bus accident injuries.
Public Entity Lawsuit Restrictions
Many buses are operated by the MTA in Elmhurst and throughout NYC. Lawsuits against these public entities are a bit different than lawsuits against private businesses and individuals. There are often additional notice requirements, shorter filing deadlines, and some restrictions on what damages may issue in these cases. Our bus accident lawyers can help you deal with these additional legal issues and potential restrictions.
These same rules usually apply to school buses as well since they are also operated by local government entities (i.e., school districts), but these restrictions do not typically apply to Greyhound, Megabus, private charter buses, etc.
Determining Who is at Fault in a Bus Accident in Elmhurst, NYC
Often, the bus company shares some liability for a bus accident, but many accidents are more complicated. Determining who is at fault in your specific bus accident case is a vital first step and something our bus accident attorneys can help you with.
Bus Drivers
If you were hit by a dangerous bus driver, then the bus driver should be the first party you can potentially hold accountable for the crash. Holding a bus driver individually responsible is often possible when they caused the accident through dangerous driving or other violations of the law, such as speeding, drunk driving, or texting while driving. Bus drivers also have to follow commercial driving regulations, such as limits on their driving hours. Violations of these rules can also help you prove the driver’s fault.
Bus Companies
In many cases, the bus company they work for can be held liable in place of the driver. If the bus driver is working within the scope of their job duties when the accident happened, the company they work for should be liable for its employee’s actions.
However, bus companies can also be liable for other mistakes and issues that contributed to the crash, regardless of the driver’s actions. In some cases, the driver is also a victim of the bus company’s negligence and can sue for injuries alongside the injured passengers.
This often comes up in cases involving equipment failure or problems with the bus. Usually, bus companies are responsible for making sure that their vehicles are in proper working order and that they are regularly inspected and repaired. Bus companies must also follow specific rules and regulations regarding equipment and driver safety. Any violations of these can help supply fault.
Another Driver
If you were hit by another vehicle while riding in a bus, the accident might be the other driver’s fault rather than the bus driver’s or the bus company’s fault. You can often hold these drivers accountable just as you can in any other car accident. Our bus accident lawyers can help you understand whether a lawsuit is necessary, as the bus company will often have strong insurance that can help cover a large portion of your injuries, even without a lawsuit against the at-fault driver.
Call Our Bus Accident Lawyers in Elmhurst, Queens Today
Call The Carrion Law Firm’s bus accident attorneys at (718) 841-0083 for a free case review today.