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The bus stops suddenly, and you are thrown forward before you understand what happened. As you deal with pain, medical appointments, and missed work, questions about who caused the crash often become just as urgent. Even when responsibility is unclear, a Bronx personal injury lawyer can evaluate whether a driver, transit authority, bus company, contractor, or another party may be legally liable for your injuries.
You may be able to sue if another party’s negligence caused the crash and your injuries resulted in measurable damages. These damages may include medical expenses, lost wages, pain and suffering, future medical care, or reduced earning ability. New York’s comparative fault law may still allow you to recover compensation if you share some responsibility, although your recovery may be reduced by your percentage of fault.
Table of Contents
- Confirm Whether You Have a Bus Accident Claim
- Compare Liability in Public and Private Bus Crashes
- Protect Your Claim From Early Mistakes
- Ask a Lawyer to Handle Deadlines and Proof
- Frequently Asked Questions
Confirm Whether You Have a Bus Accident Claim
Identify the Bus Operator and Crash Facts
The first step is identifying what kind of bus was involved. A claim may involve an MTA bus, school bus, shuttle, tour bus, charter bus, or employer vehicle. The claim can change depending on whether the bus was public, private, commercial, or school-related. Helpful facts include the route, bus number, plate, driver details, crash location, report details, and witnesses.
Connect Your Injuries to Negligence
Injuries from a bus accident don’t guarantee a lawsuit. Generally, there has to be proof of negligence causing the accident and injury. Negligent actions that can be a cause are sharp/tight turns, sudden stops, speeding, distractions, and poor training or unsafe bus boarding and maintenance. Evidence that can be useful is notes from an emergency room, imaging, prescriptions, therapy, medical bills, and documents showing loss of wages.
Compare Liability in Public and Private Bus Crashes
When a Transit Bus May Be Involved
An MTA or public transport bus-related claim may require following more rigid processes. Determining liability may require examining the driver’s actions, bus movement, passenger boarding, maintenance, traffic conditions, and potentially unsafe stops. Claims against public entities may usually require adherence to notice-of-claim rules. NY General Municipal Law § 50-e generally requires that notice be served within 90 days of the occurrence to which the claim relates.
When a Private Bus Company May Be Liable
Claims may extend to charter, tour, school, shuttle, and employer transport services. Possible defendants may include the driver, driver’s employer, vehicle owner, maintenance company, contractor, and/or a driver. Possible evidence may include driver logs, vehicle inspection reports, transpass policies, GPS, and video. Liability, severity of injuries, medical expenses, lost wages, and the amount of the settlement may be contested by private bus companies and their insurers.
Protect Your Claim From Early Mistakes
Report the Crash Before Evidence Disappears
Proof of a bus collision may be short-lived as evidence is collected and footage cycles out. Witnesses may leave before even being recorded. Call 911 for any injuries, for a road blockage, or for a crash with a commercial or transit vehicle. A reportable crash for the New York DMV is defined by a death, an injury, or damage to any involved property over $1,000. Get pictures of the involved bus and all other vehicles, all injuries, and the scene including the roadway, bus stop, signal lights, and any nearby cameras.
Avoid Statements or Settlements That Limit Recovery
Never speculate on who may be to blame, offer an apology, try to lessen the seriousness of the injuries, or claim you are fine before receiving medical attention. Insurance companies may use comments made during the early stages of an insurance claim to dispute liability, injury severity, or whether the crash caused your injuries. In New York, no-fault insurance will likely cover the medical costs, lost wages, and some other types of economic losses that occurred because of the accident.
Ask a Lawyer to Handle Deadlines and Proof
Preserve Video, Records, and Witness Proof
If a bus company, transit agency, or insurer has evidence you’re unable to obtain, then legal assistance will be your best option. An experienced Bronx bus accident lawyer knows how to obtain video recordings, driver logs, records of bus maintenance, inspections, and route data, as well as incident reports. This will come in handy in situations where multiple parties are shifting blame for the accident amongst themselves.
Track Notice Rules, Lawsuit Deadlines, and Claim Value
Reviewing deadlines early can help protect your legal rights, especially when shorter notice requirements apply to public bus claims. Generally, New York General Municipal Law § 50-e states that notice must be provided within 90 days. Most personal injury claims in New York have a three-year statute of limitations. An attorney can determine the value of a personal injury claim and evaluate the offer before you sign a release.
Frequently Asked Questions
Can You Sue After a Bronx Bus Accident Injury Case?
Yes. You may be able to sue if negligence caused the bus accident and your injuries. The liable party may be a bus driver, transit agency, private company, contractor, or another driver.
Who May Be Liable for a Bronx Bus Accident?
Possible liable parties include a bus driver, transit authority, private company, school operator, maintenance provider, owner, contractor, or another driver. Liability depends on who caused the crash and who controlled the vehicle or unsafe condition.
What Evidence Helps Prove a Bus Accident Claim?
The following may be helpful evidence: police reports; photos; videos; onboard footage; eyewitness accounts; medical records; driver reports; and route information. Inspection logs, maintenance records, proof of insurance letters, and proof of wage loss may also be relevant.
What Compensation May Be Available?
Compensation may include medical expenses, lost wages, future care, reduced earning ability, pain and suffering, and other accident-related damages. Value depends on injury severity, liability evidence, insurance coverage, treatment needs, and settlement negotiations.
How Long Do You Have to File a Bus Accident Lawsuit?
Many New York personal injury lawsuits generally have a three-year filing deadline. Claims involving public entities may require earlier notice. New York General Municipal Law § 50-e generally requires notice within 90 days when it applies.