Smithtown, NY Bus Accident Lawyer
Recovering compensation following a bus accident is often possible when victims act quickly in Smithtown.
There are several common types of buses that are more likely to be involved in accidents in Smithtown. These include charter buses, public buses, and school buses. Victims can sue in cases involving privately-owned buses, provided their injuries permit them to. Victims can sue in cases against government agencies, such as public transit bus accidents, if they give the proper notice. To improve your chances of recovery, get statements from eyewitnesses, medical experts, and others who may be able to help your case. Your compensatory damages will not be limited, regardless of the defendant in your case. If your claim is against the local government in Smithtown or another government entity, you cannot recover punitive damages.
To discuss your case for free with the Smithtown, NY bus accident lawyers at The Carrion Law Firm, call us today at (631) 910-7493.
Types of Bus Accidents in Smithtown, NY
There are several types of buses in operation in Smithtown, including private and public vehicles. Each type of accident involving these specific vehicles requires victims to take certain steps to recover compensation.
Charter Bus Accidents
Accidents involving charter buses can be somewhat easier to litigate, depending on the circumstances. If you were riding on a private charter bus, and an accident occurred, there might be stipulations to your ability to sue. For example, if you signed a waiver to ride on the charter bus, you might be unable to file a lawsuit against the company that owns the bus or the bus driver. There might also be similar conditions included on the ticket you purchased. However, if another driver on the road caused the accident, you will not be barred from recovery because the defendant will not be the bus driver or the bus company. Instead, your ability to recover compensation via a lawsuit will depend on the severity of your injuries and the status of your personal injury protection coverage.
Public Transit Bus Accidents
Suffolk County Transit operates the public buses in Smithtown. These buses are typically very crowded, especially during rush hours when people are more likely to commute to and from work. If you were injured in a public transportation incident in Smithtown, our bus accident lawyers will help you file a notice of a claim within 90 days, which is required for claims against local governments in New York. Typically, individual bus drivers and transit systems share responsibility for these types of accidents. However, it is also possible that another driver’s negligence contributed to the injuries you sustained while riding on a Suffolk County Transit bus in Smithtown.
School Bus Accidents
Although school bus accidents are rare, they do sometimes happen. If your child was hurt while riding on a school bus, or you were struck by a school bus, you might face different barriers to compensation. First, you must identify whether or not the bus is owned by a public or private school. If it is a bus owned by a private school, you will not have to file a notice of a claim. However, if a public school owns the bus, you will have to file a notice of a claim, as your case would be against a government entity.
Getting Witness Statements After a Smithtown, NY Bus Accident
Bus accidents are often chaotic, injuring many people and causing considerable damage to property. Because many victims are often involved in bus accidents, there may have been several witnesses to the event that can help your case in Smithtown.
Witness statements are often essential when proving fault. They can corroborate a victim’s telling of events and ultimately lead to them recovering compensatory damages. Depending on the type of accident, witness statements may or may not be unavailable. However, in bus accident claims, the opposite is often true. In order to benefit from eyewitness statements, you must get them. Speak to other victims after a bus crash and anyone else who might have seen the accident occur. If your injuries are too severe, our lawyers can get eyewitnesses’ contact information from the incident report for the accident.
In addition to statements from eyewitnesses, testimony from medical experts and others can be helpful to your case. Doctors can testify about the severity of your injuries and your anticipated recovery timeline. Mechanical experts can explain how negligence on behalf of a private company or government agency contributed to the accident occurring. Even therapists can provide statements about the pain and suffering victims have experienced due to injuries sustained during a bus crash in Smithtown.
Recovery Limits in Bus Accident Claims in Smithtown, NY
Recovery varies minimally in cases against private bus companies and public transportation systems in Smithtown. That said, it is still important for victims to understand these slight differences and how they might affect their case.
While many states greatly limit recovery for victims in claims against government entities, New York does not. There will be no cap on your recovery of economic or non-economic damages, regardless of who the defendant is in your case. Your compensation might only be reduced if New York’s pure comparative fault laws apply, which is rare in bus crash cases. Victims must still provide proof of damages to recover compensatory damages in Smithtown.
Although recovery of compensatory damages is not limited, victims cannot recover punitive damages in claims against government agencies, like Suffolk County Transit or public schools in Smithtown. If your claim involves a private charter bus or another privately-owned vehicle, you can recover punitive against a defendant, provided they acted with gross negligence when causing your injuries. Punitive damages are more common in cases against private companies.
File Your Smithtown, NY Bus Accident Claim Today
Call our bus accident lawyers at (631) 910-7493 and get help with your case from The Carrion Law Firm.