What Should I Do If I Am a Passenger in a Bus Accident?
Buses are a common sight on the roads of New York. Data shows that the Metropolitan Transportation Authority (MTA) buses serve over 1.2 million riders on a daily basis. Apart from this, school buses, Greyhound buses, tour buses, and charter buses also transport a large number of passengers on a regular basis.
While buses are a convenient mode of transportation and are also more environment-friendly than cars, bus accidents can be far more dangerous than car accidents largely due to their massive size, weight, and the lack of safety features for passengers.
If you have been injured in a bus accident in New York as a passenger, you might be entitled to compensatory damages. With the help of a seasoned New York bus accident attorney, you can get the compensation you need to get the medical care you need and get your life back on track.
New York Laws to Protect Injured Passengers in Bus Accidents
Common Carrier Duty of Care
Buses are considered common carriers in New York, which means they have a heightened duty of care towards their passengers. This means bus operators are required to exercise the highest degree of care to ensure the safety of their passengers.
No-Fault Insurance
New York has a no-fault insurance system, which means that in the event of a bus accident, passengers can generally seek compensation from their own insurance company regardless of who was at fault. This coverage can include medical expenses, lost wages, and other related costs.
Suing for Damages
If a passenger's injuries are deemed "serious" under New York law, they might be able to step outside of the no-fault system and file a lawsuit against the responsible party, which could include the bus company, the driver, or other parties involved.
Evidence Preservation
New York law requires that certain evidence related to bus accidents be preserved, including maintenance and inspection records, driver logs, employer records, and other relevant documentation. This can be critical for building a strong case in the event of a lawsuit.
Who Can Be Held Liable for a Bus Accident in New York?
Bus accident claims often tend to be more complex than car accident claims, as multiple parties could be potentially held liable for the resulting injuries and property damage. These include:
- The bus driver
- The company that owns and operates the bus (in case of a tour bus, charter bus, or a Greyhound bus)
- City transit authority
- The school district (if the accident was caused by a school bus)
- The company that manufactured the bus
- The company or contractor responsible for bus repair and maintenance
- Municipality or government entity (if the accident was caused by unsafe road conditions, malfunctioning signals, or any other infrastructure issues)
- Other motorists (if a negligent driver caused the accident)
- Any other contractor or third-party involved in the operation or maintenance of the bus in question
When Can a Bus Company or Transit Authority Be Held Liable for a Bus Accident?
The company or government entity that owns the bus can be held liable for the accident if they were negligent in maintaining and operating the bus in question. For example, if the company or government entity hired an unqualified driver or a driver with a history of traffic violations, they can be held directly liable for the accident. Similarly, if they failed to maintain the bus in proper working condition, they can be held liable for the accident as well.
The bus company or government entity can also be held partially liable for the accident under the legal doctrine of vicarious liability – if the bus driver was on duty and was acting within the scope of their employment.
Statute of Limitations for Filing a Bus Accident Claim in New York
Under New York law, the deadline for filing a bus accident claim against a private individual or entity (including injured passengers) is set at three years starting from the date of the accident. On the other hand, if you are planning to sue a municipal corporation or a state government entity (such as when you are injured on a NYCTA bus), you are required to serve the entity in question with a notice of claim within 90 days from the date of the accident. Otherwise, you might lose your right to sue them.
Injured in a Bus Accident? Get ‘The Bull’ On Your Side to Get the Compensation You Deserve!
If you have been injured in a bus accident, attorney Michael S. Lamonsoff can protect your rights as a passenger and help you get the compensation you deserve.
An award-winning personal injury lawyer, Michael S. Lamonsoff is known for his extensive legal knowledge and exceptional negotiation skills. His aggressive, no-holds-barred approach towards civil litigation has earned him the nickname ‘The Bull’. Under his guidance, our legal team has recovered more than half a billion dollars in settlements and jury awards for our clients.
Call our firm today at 212-962-1020 or fill out our online contact form to schedule a free consultation with one of our experienced New York bus accident attorneys.