Bus Accident
Brooklyn New York Bus Accident Lawyers
Bus Accidents
Bus accidents can be especially devastating. Between MTA, NYCTA, school buses, private bus companies, and more, there are thousands of buses on the road at any given time. As of January 2020, the MTA fleet consists of 5,927 buses. These buses outweigh a normal passenger car by thousands of pounds. That means that a collision between a passenger vehicle and a bus can result in devastating injuries. You need an experienced bus accident attorney that will be able to provide you the aggressive representation you deserve.
You may also have a claim against a bus as a passenger. As a passenger on a bus there is a certain duty of care that is owed to you by the owner and operator of the bus. If the owner and/or operator breach that duty that may be negligence and you may be entitled to compensation for your injuries. Whether a collision with a motor vehicle caused your injuries or you fell on the bus as a result of the bus operator’s negligence, it’s important to consult an experienced attorney to preserve your rights.
There are a wide variety of factors that comprise a bus accident. Your attorney needs to determine whether the bus is private or municipal. That affects your statute of limitations and your filing requirements. If the Bus is owned by a municipality you need to comply with a Notice of Claim requirement, statutory 50h hearing, one year and ninety days statute of limitations within which to bring a lawsuit from the date of the accident, etc. If the bus is owned by a private entity then the statute of limitations is three (3) years from the date of the accident. You need to make sure that the attorney you are retaining is well versed in bus accidents as the intricacies of municipal and privately owned can make all the difference.
12 Steps to follow at a bus accident scene
Now that you’ve been involved in a motor vehicle accident you need to take certain steps in order to make sure you have the best chance at recovery. Here are some important steps to follow:
Assess the situation. You may be involved in an accident that requires you to pull over to the side of the road, if your vehicle is in the proper condition to move, so that you’re in a safer location and minimize the risk of being in another accident.
Call 911. You want to have police and emergency medical services (EMS) come to the scene to make a record of the accident and more importantly to provide you medical assistance. After your accident you may not immediately feel your injuries as your adrenaline has kicked in. Between that and the shock of the situation you want to make sure a trained medical professional examines you. You may not know it but you may require a hospital visit to rule out any immediate life threatening injuries such as head trauma, internal bleeding, spinal injuries, etc.
Obtain the information for all the vehicles involved including:
- License plate number
- Driver’s license of the operator
- Vehicle registration
- Insurance information
- Year, make, model, and color of the vehicles involved
Take photographs of the accident scene and the vehicles involved in the accident.
Report the accident to your insurance company.
Contact an experienced personal injury attorney for advice regarding your legal options.
Contact an experienced personal injury attorney for advice regarding your legal options.
How long do I have to bring a claim or lawsuit?
Time limits are crucial when determining assessing an accident involving a bus. An accident in New York with a private non municipal vehicle is a three (3) year statute of limitations to bring a lawsuit. That means that you have to commence a lawsuit within three years of the date of the accident. That doesn’t mean that you should wait three years to bring your lawsuit. As you wait longer and longer people’s memories get worse. Witnesses may become less reliable. Details are harder to remember. You don’t want to prejudice your case by waiting. An accident with a bus owned by the City requires you to file a Notice of Claim within ninety (90) days and the lawsuit needs to be commenced within one (1) year and ninety (90) days. It’s important to consult an experienced well versed attorney as soon as possible.
Does a Notice of Claim need to be filed?
A Notice of Claim is a document that needs to be drafted and filed with specific municipal organizations depending who is the responsible party. As with buses owned and operated by a municipality, a Notice of Claim needs to be filed within ninety (90) days. The Notice of Claim is the first instance that the municipality has notice of your claim. The Notice of Claim contains information regarding the accident such as your name, date of accident, location of accident, injuries and the relief you are seeking such as money damages. It is important that the Notice of Claim is timely and properly filed or it may prejudice your ability to bring a claim or lawsuit.
Bus accidents are complex accidents. You need an experienced attorney versed in all aspects of bus accidents in order to protect your rights and vigorously represent you during this hardship.
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