Buses are a common form of transportation in Schenectady. Unfortunately, bus accidents are also common, and it can be difficult for victims to recover compensation.
Fortunately, a skilled Schenectady bus accident lawyer can help you determine who to hold responsible for your damages. Bus accident cases are challenging because it is not always clear who should be held responsible for an accident. In many cases, a bus driver and their employer should be held accountable for their negligence. However, if your injuries occurred while riding a public bus, recovering compensation could be more challenging without our firm on your side.
If you were injured in a bus accident caused by another person’s negligence, our Schenectady bus accident lawyers can help you get the justice you deserve for the injuries you sustained. For a free case assessment, call The Carrion Law Firm at (718) 841-0083.
Who to Sue for a Schenectady Bus Accident
Bus accidents are often challenging cases since it can be difficult to determine who is liable for a victim’s injuries. In most cases, the bus driver will be directly responsible, but other parties could share some of the blame. Whether you can sue a bus driver’s employer depends on whether the bus is privately or publicly owned. Fortunately, our Schenectady bus accident lawyers can help you with the complexities of your case to ensure that the responsible parties are identified.
Bus Driver
In most bus accident cases, the bus driver will be responsible for causing a victim’s injuries. Buses are difficult vehicles to operate and require a great deal of training and experience for drivers to operate them safely. Unfortunately, not all drivers possess the same skill levels. For some drivers, it is only a matter of time before an accident happens. Countless distractions can cause a driver to lose focus and cause a devasting accident.
In addition, bus drivers are responsible for keeping their passengers safe, which includes inspecting their bus before putting it into operation and ensuring any repair or maintenance concerns are addressed. If drivers fail in their responsibilities, they can be held liable for their negligence.
Busing Companies
In some cases, a bus driver’s employer can be liable for the negligence of its employee. Private busing companies, like Megabus and Greyhound, can be held responsible for their driver’s conduct under the theory of vicarious liability. Under this theory, an employer can be held liable if their driver’s negligence caused an accident while performing their normal job duties. This also applies to private charter bus companies that rent out buses for private parties.
However, if the bus that injured you was owned and operated but a public, government-owned busing company, holding the busing company responsible will be more difficult. For instance, if your accident occurred on a Capital District Transportation Authority (CDTA) bus, recovering compensation from the company that employed the driver might not be possible. Many public companies in New York are protected from lawsuits by sovereign immunity. However, there are situations where suing a government busing company will be appropriate.
Other Third Parties
Of course, your bus accident injuries could have been caused by someone other than the driver or their employer. For instance, it would not be impossible for another driver to cause an accident with a bus carelessly. However, it is more likely that the other driver and bus driver were both negligent in causing your injuries.
Further, your bus accident could have been caused by a defective bus part or system. In these situations, victims can recover damages from the designer or manufacturer of the defective part. Our Schenectady bus accident lawyers can review your case to determine exactly who is at fault for your injuries and hold them accountable.
When You Can Sue for a Schenectady Bus Accident
While it is common the think that a lawsuit can be filed whenever someone is negligently injured, the process in New York is a bit more complicated. New York follows no-fault rules, meaning bus accident victims must file for compensation with their own personal injury protection (PIP) insurance. However, the victim will not need to provide evidence proving fault before receiving their benefits. The issue with no-fault rules is that they prevent most victims from filing a lawsuit in an effort to lower the number of personal injury claims being filed.
There are exceptions to this rule. If a victim can show that they sustained serious injuries in their bus accident, they can still file a lawsuit to recover damages. A serious injury can be proved if the victim suffered broken bones, lost a body part, or sustained a permanent loss of body function. This threshold can also be overcome if a loved one dies in an accident or the victim has a miscarriage. Lastly, if your injuries prevent you from performing normal functions for 90 out of the first 180 days following an accident, it is considered serious. Our Schenectady bus accident lawyers can help you determine if your injuries were serious enough in your case to file a lawsuit.
Evidence Used to Prove a Bus Accident Lawsuit in Schenectady
To win your bus accident lawsuit, you must provide evidence to support your claims that the party’s negligence caused your injuries. Several pieces of evidence can be useful in proving your case. The following are common types of evidence that our Schenectady bus accident lawyers can help you obtain:
- Police reports
- Medical records
- Photos from the scene
- Photos of your injuries
- Physical evidence from the scene
- Company records
- Employee records
- Surveillance footage
- Smartphone footage
- Personal recollections
- Property damage estimates
- Property records
- Contractual agreements
- Witness statements
- Expert witness statements
In some cases, evidence might be in the hands of a person unwilling to cooperate. Fortunately, our Schenectady bus accident lawyers can help you identify parties holding important evidence and compel them to turn it over.
Our Schenectady Bus Accident Lawyers Can Help
If you were hurt because of a bus accident, our experienced Schenectady bus accident lawyers can help you recover the compensation you deserve. Contact The Carrion Law Firm today at (718) 841-0083 for a free case review.