Bus accidents could be more serious than the average collision between passenger cars, increasing the risk of life-altering injuries for victims.
For many bus accidents in Woodside, the liable party would be the Metropolitan Transportation Authority (MTA), the area’s public transportation agency. After these accidents, victims may file claims against the MTA, and our attorneys can ensure they meet all requirements involved in this process, like first submitting a notice of a claim to the agency. Victims may file compensation claims against the MTA for accidents due to driver error or vehicle malfunction, provided their diagnoses meet the definition of a serious injury in New York. To file successful lawsuits, victims need evidence of negligence, which is why photographing property damage and injuries at the scene is important, as is interviewing eyewitnesses as soon as possible.
To get a confidential and free case assessment from The Carrion Law Firm, call our Queens bus accident lawyers now at (718) 841-0083.
Who to Hold Accountable for a Woodside Bus Accident
One of the most important things to determine when approaching a personal injury claim for a bus crash is who the negligent party is. If you were injured while using public transportation in Woodside, your claim may be against the Metropolitan Transportation Authority.
This comes with additional steps for plaintiffs, including filing a notice of a claim within 90 days of an accident, according to G.M.U. Law § 50-e(a). This is to notify the government agency responsible for your accident and attempt to reach a settlement outside of a lawsuit. If claims with the MTA do not settle, victims can proceed with filing a lawsuit in court but must do so within a year and 90 days.
Not all bus accidents involve MTA vehicles, and others might be caused by private charter buses. Victims may bring claims against drivers and their employers because of vicarious liability in these situations. You must confirm who is ultimately liable for your injuries so that you can quickly file a claim before the deadline that applies to your case. Otherwise, you may not recover damages, even if another party caused those damages.
Common Bus Accident Scenarios in Woodside
Bus drivers might act negligently like any other driver on the road, breaching their duty of care and injuring passengers or others.
For example, bus drivers might attempt to make tight turns onto smaller streets, causing them to sideswipe other drivers in the process. Failing to check blind spots for other vehicles when driving is another common cause of bus accidents, especially since a bus’s blind spots are much larger than smaller cars. This could endanger pedestrians and bicyclists sharing the road, who might sustain debilitating or fatal injuries when struck by buses.
Drivers who operate buses over the speed limit, particularly in bad weather, could topple over when making turns or be unable to slow down when approaching other cars, causing devastating rear-end accidents. While rear-end collisions are often seen as less serious, they could be fatal when involving massive vehicles like buses.
Public transportation agencies, like the MTA and private charter companies, owe a duty of care to passengers. This includes ensuring vehicles are safe to operate and in good working condition. Failing to get buses inspected or address mechanical issues could lead to serious problems, like a loss of steering control or brake failure.
Ascertaining exactly what happened during the accident is crucial, and victims might have difficulty remembering minor details when recovering from painful injuries. To fill in the blanks, our bus accident lawyers can review incident reports, medical records, and witness statements and start preparing your claim.
Evidence to Preserve Following Bus Accidents in Woodside
Preserving all relevant evidence that could aid your recovery is crucial, which is why our attorneys advise victims to photograph property damage and document their injuries with medical professionals. We can also collect other vital evidence, such as eyewitness statements, during this time.
Property Damage
When buses hit passenger cars, the damage is typically visible and severe. Right after the accident might be the only time you can access the intact scene, so make sure you photograph damage to your car and the bus. If debris or tire marks are on the road, take pictures of that as well. Accident reconstruction experts can analyze these photos to determine if the bus driver initiated the collision or if another passenger car driver is to blame.
Proof of Injury
Try to take pictures of any visible injuries to your person at the scene as well. You can ask paramedics, police officers, or witnesses to photograph your injuries if you cannot do so yourself. Pictures of injuries can help prove you were hurt during the specific accident in question. In addition to photographing their injuries, victims should also go directly to the hospital for further evaluation and care. This will lead to hospital records that our attorneys can submit as proof you surpass the serious injury threshold in New York and can sue for an auto accident, like a bus crash, and recover compensation for all economic and non-economic damages.
Eyewitness Testimony
There may be many witnesses to a bus accident, like passengers. When processing the scene and gathering pertinent information, police officers may ask eyewitnesses for their names and contact information. You can do this as well if your injuries permit. After learning the eyewitnesses’ identities, we can schedule interviews with them. The purpose of these interviews is to preserve witnesses’ statements, including everything they can remember about the accident, the victim’s injuries, and the negligent driver’s actions. We can leverage these statements over defendants during settlement negotiations, or witnesses may testify in court if cases go to trial.
Call Our Woodside Lawyers for Help with Your Injury Case Today
Call The Carrion Law Firm at (718) 841-0083 to discuss your case for free with our bus accident lawyers.