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Bus accident injuries and deaths surging. What you need to know.

Our Legal Team Taking Action

Our team of bus accident lawyers in New York City at the Law Offices of Michael S. Lamonsoff has been retained to represent victims of three serious bus accidents across Manhattan and Pennsylvania that occurred in just the last few weeks.  In these accidents, scores were injured, and some were killed. There has been an alarming recent surge in mass transit accidents, especially involving buses. Bus operators in NYC owe a heightened duty of care to all. Many of these accidents are due to operator and bus owner negligence, poor training, and a lack of testing of bus drivers for substance abuse and sleep disorders. Government regulation has been insufficient.

Proven Track Record In Past Major Transit Accidents

Our firm has litigated cases on behalf of clients in many of the major mass transit accident cases along the East Coast over the past many decades: From plane crashes such as American Airlines Flight 587 where 265 people were killed, to serious bus crashes like the one on I81 in Pennsylvania last week in which three died, to every major train accident and derailment between North Carolina to Connecticut.

Critical Reforms Achieved From Past Accidents

The last of these major train accidents, the 2013 Metro-North Spuyten Duyvil derailment, sparked a federal investigation by the National Transportation Safety Board (NTSB). Several years later, it was revealed that the train lacked some of the most basic accident prevention technology.  They also found that an overworked conductor suffered from undiagnosed sleep apnea. Causing him to fall asleep at the controls. As a result, after nearly 5 years, safety measures were finally mandated to help prevent future train accidents from happening.  However, none of those same regulations were applied to bus travel. Especially in New York City, where buses play an integral role in transportation this is makes it all the more important to take effective action immediately.

Demand for Higher Safety Standards

Mass transit operators and the companies that run them, should be held to a higher standard of safety.  If there is an accident It can result in the injuries and deaths of hundreds or even thousands. As of today, there has been no initiation of investigations by the NTSB into the recent spate of fatal bus accidents. 

Accident Verdicts & Settlements

Proven Results

The Bull

$37,000,000Construction AccidentAwarded in a Construction Accident Case.

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$16,000,000Sexual AbuseVerdict Awarded to a Victim of Sexual Abuse

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$12,157,000Train AccidentSettlement in a Train Derailment Case

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$12,000,000Construction AccidentSettlement in a Construction Accident Case

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$11,750,000Wrongful ConvictionAwarded to a Victim of Wrongful Conviction

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$11,000,000Bus AccidentVerdict Awarded to a Victim of a Bus Accident.

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$9,000,000Assault VictimAwarded to a Victim of Municipal Assault

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$7,000,000Construction AccidentAwarded in a Construction Accident Case

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$5,000,000Slip & FallSettlement Awarded to a Victim of a Slip & Fall Injury

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$3,500,000Truck AccidentAwarded to victim of a Truck Accident Case

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$2,750,000Car AccidentAwarded to victim of a Car Accident Case

What Compensations Are Recoverable In A Bus Accident?

Michael S. Lamonsoff and his team of NYC bus accident lawyers fight for every dollar injured victims are entitled to. Compensation in bus accident cases can include:

  • Medical expenses for emergency care, surgeries, rehabilitation, and ongoing treatment
  • Lost wages and reduced earning capacity for victims unable to return to work
  • Pain and suffering damages for physical and emotional trauma
  • Punitive damages in cases of gross negligence or reckless misconduct

Common Types of Injuries in Bus Accidents

Bus accidents often lead to severe injuries due to the lack of seat belts and other safety features for passengers. Some of the most common injuries include:

  • Traumatic Brain Injuries (TBI): Head trauma can occur due to sudden impact or being thrown inside the bus during a crash.
  • Spinal Cord Injuries: High-impact collisions may cause severe spinal injuries, leading to paralysis or long-term disability.
  • Fractures and Broken Bones: The force of a bus crash can lead to broken arms, legs, ribs, and other fractures.
  • Lacerations and Contusions: Glass shards, metal debris, and other objects can cause deep cuts and bruises.
  • Internal Injuries: Blunt force trauma can damage internal organs, leading to life-threatening conditions.
  • Whiplash and Soft Tissue Damage: Sudden stops or collisions can cause neck and back injuries that may require prolonged treatment.

Common Causes of Bus Accidents

Bus accidents in New York are caused by a variety of factors, including driver error, mechanical failures, and environmental conditions. Some of the most frequent causes include:

  • Driver Negligence: Fatigue, distracted driving, speeding, and failure to yield are common causes of bus crashes.
  • Poor Bus Maintenance: Faulty brakes, tire blowouts, or engine failures can lead to catastrophic accidents.
  • Dangerous Road Conditions: Potholes, construction zones, and poor weather conditions increase the risk of collisions.
  • Reckless Drivers: Other motorists who drive aggressively around buses can contribute to accidents.
  • Improper Training: Bus drivers must undergo rigorous training, but lack of experience or inadequate instruction can lead to accidents.
  • Defective Bus Design: Some accidents occur due to manufacturing defects in buses, including faulty door mechanisms and engine malfunctions.
bus pulled over after accident

Bus Safety Laws in New York

New York has strict laws in place to regulate bus operations and enhance passenger safety. These laws include:

  • Federal and State Safety Regulations: The Federal Motor Carrier Safety Administration (FMCSA) sets national safety standards for commercial buses, while New York State imposes additional safety measures.
  • MTA Regulations: The MTA has its own policies governing the operation of public transit buses, including restrictions on hours of service and mandatory driver drug testing.
  • School Bus Safety Laws: New York law requires that school buses have flashing lights, stop arms, and specific protocols to protect children during loading and unloading.
  • Traffic Laws for Other Vehicles: Other motorists must yield to buses merging into traffic and stop when school buses display their stop signs.

Failure to comply with these laws can serve as strong evidence of negligence in a bus accident lawsuit.

Bus Accident Injuries & Death - What you need to know!

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Bus Accident Injuries & Deaths Are Surging - What You Need To Know

Joint and Several Liability in Bus Accident Litigation

New York follows the doctrine of joint and several liability, which plays a significant role in bus accident claims. This doctrine means that if multiple parties are responsible for an accident, each defendant can be held liable for the full extent of the money damages.

For example, if a private bus company and a negligent driver both contributed to a crash, a victim could recover compensation from either party, regardless of their individual share of fault. This is particularly important in cases where one defendant may be unable to fully compensate the victim. Our experienced New York bus accident lawyers can help you navigate these legal complexities.

Who Can Be Held Liable in a Bus Accident?

Determining liability in a bus accident requires an in-depth investigation. Potential liable parties include:

  • Bus Drivers: If reckless or negligent driving caused the crash, the driver may be held responsible.
  • Bus Companies: Private bus companies can be sued for hiring unqualified drivers, failing to maintain vehicles, or violating safety regulations.
  • MTA or Government Agencies: If an MTA or public bus was involved, victims may pursue claims against the transit authority, though specific legal procedures and deadlines apply.
  • Other Negligent Drivers: If another vehicle caused the accident, its driver and insurer may be liable.
  • Manufacturers: If a mechanical defect contributed to the accident, the bus or parts manufacturer could be held accountable.
  • Municipalities: Poor road conditions or inadequate traffic signals maintained by a city or county can contribute to liability.

Private vs. Municipal Bus Accidents in New York

The legal process differs depending on whether the accident involved a privately operated bus or a municipal (public) bus:

Private Bus Accidents

  • Victims can file personal injury lawsuits directly against the bus company and other responsible parties.
  • Claims may include medical expenses, lost wages, pain and suffering, and punitive damages in cases of gross negligence.
  • The statute of limitations for filing a claim is generally three years from the date of the accident.

Municipal Bus Accidents (MTA or NYC Transit)

Special rules apply when suing government entities like the MTA:

  • Victims must file a Notice of Claim within 90 days of the accident.
  • Failure to meet deadlines can result in the loss of legal rights.
  • Lawsuits against government agencies may have damage caps or immunity defenses that complicate claims.
Woman getting on a New York City bus

Why You Need an Experienced Bus Accident Lawyer in New York

Bus accident cases are complex due to the involvement of multiple parties, strict filing deadlines, and government regulations. A skilled New York bus accident lawyer can:

  • Conduct a thorough investigation to determine liability.
  • Obtain evidence such as surveillance footage, driver logs, and maintenance records.
  • Handle negotiations with insurance companies and government agencies.
  • File a lawsuit and take the case to trial if necessary.
  • Maximize compensation for medical bills, lost wages, pain and suffering, and long-term disability.

Frequently Asked Questions on Bus Accidents in New York

Can I sue the New York City Transit Authority (NYCTA) for a bus accident?

Yes, but suing the NYCTA involves strict deadlines and legal procedures. You must file a Notice of Claim within 90 days of the accident. If this deadline is missed, you may lose your right to sue. Government entities like the NYCTA also have strong legal defenses, so working with an experienced attorney is crucial.

What if I was injured in a bus accident but wasn’t a passenger?

You can still file a claim. Pedestrians, bicyclists, and occupants of other vehicles involved in a collision with a bus may be eligible for compensation. The claims process will depend on who was at fault and whether the bus was privately owned or part of a government-operated transit system.

Can I still recover compensation if the bus driver wasn’t entirely at fault?

Yes. New York follows a comparative negligence rule, meaning you can recover damages even if you were partially responsible. However, your compensation will be reduced based on your percentage of fault. For example, if you were found to be 20% at fault, your settlement would be reduced by 20%.

Are there different rules for suing a private bus company versus a public transit bus?

Yes. Suing a private bus company follows standard personal injury law, while suing a public transit bus requires filing a claim against a government agency, such as the NYCTA or the MTA. Government claims have shorter deadlines, strict procedural requirements, and liability caps in certain cases.

Can I file a bus accident claim if the bus was not in motion when I was injured?

Yes. Passengers can suffer injuries from sudden stops, unsafe boarding or exiting conditions, malfunctioning doors, or driver negligence while the bus is stationary. In these cases, liability may still fall on the bus operator or the company responsible for maintaining the bus.

What happens if the bus company denies responsibility for the accident?

Bus companies and transit authorities often deny liability to avoid paying claims. In such cases, a thorough investigation, including obtaining surveillance footage, black box data, driver records, and witness statements, can be key to proving fault. An attorney experienced in bus accident litigation can help collect and present this evidence effectively.

Can I claim compensation if a reckless passenger caused the bus accident?

Yes. If another passenger’s reckless actions led to an accident or injury, liability may extend to both the individual and the bus company. If the bus driver or company failed to take reasonable steps to prevent a dangerous passenger from causing harm, they may also be held responsible.

What if the accident was caused by poor road conditions or a defective bus part?

Liability in these cases may extend beyond the bus driver or company. If hazardous road conditions contributed to the crash, a claim may be filed against the government agency responsible for maintaining the roads. If a defective bus part caused the accident, the manufacturer or maintenance provider may be held accountable.

Can I file a wrongful death lawsuit if a loved one was killed in a bus accident?

Yes. If a family member died due to a bus accident caused by negligence, you may be eligible to file a wrongful death claim. Compensation may include funeral expenses, loss of financial support, and pain and suffering damages. However, wrongful death claims have strict deadlines in New York, making it important to seek legal representation as soon as possible.

Yes, but suing the NYCTA involves strict deadlines and legal procedures. You must file a Notice of Claim within 90 days of the accident. If this deadline is missed, you may lose your right to sue. Government entities like the NYCTA also have strong legal defenses, so working with an experienced attorney is crucial.

You can still file a claim. Pedestrians, bicyclists, and occupants of other vehicles involved in a collision with a bus may be eligible for compensation. The claims process will depend on who was at fault and whether the bus was privately owned or part of a government-operated transit system.

Yes. New York follows a comparative negligence rule, meaning you can recover damages even if you were partially responsible. However, your compensation will be reduced based on your percentage of fault. For example, if you were found to be 20% at fault, your settlement would be reduced by 20%.

Yes. Suing a private bus company follows standard personal injury law, while suing a public transit bus requires filing a claim against a government agency, such as the NYCTA or the MTA. Government claims have shorter deadlines, strict procedural requirements, and liability caps in certain cases.

Yes. Passengers can suffer injuries from sudden stops, unsafe boarding or exiting conditions, malfunctioning doors, or driver negligence while the bus is stationary. In these cases, liability may still fall on the bus operator or the company responsible for maintaining the bus.

Bus companies and transit authorities often deny liability to avoid paying claims. In such cases, a thorough investigation, including obtaining surveillance footage, black box data, driver records, and witness statements, can be key to proving fault. An attorney experienced in bus accident litigation can help collect and present this evidence effectively.

Yes. If another passenger’s reckless actions led to an accident or injury, liability may extend to both the individual and the bus company. If the bus driver or company failed to take reasonable steps to prevent a dangerous passenger from causing harm, they may also be held responsible.

Liability in these cases may extend beyond the bus driver or company. If hazardous road conditions contributed to the crash, a claim may be filed against the government agency responsible for maintaining the roads. If a defective bus part caused the accident, the manufacturer or maintenance provider may be held accountable.

Yes. If a family member died due to a bus accident caused by negligence, you may be eligible to file a wrongful death claim. Compensation may include funeral expenses, loss of financial support, and pain and suffering damages. However, wrongful death claims have strict deadlines in New York, making it important to seek legal representation as soon as possible.

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