Bus accidents are unfortunately a major cause of personal injuries in New York City and across the country. According to National Highway Traffic Safety Administration data, bus crashes involving injuries and fatalities have been on the rise since 2015. Whether you were a passenger, pedestrian, or passenger car driver involved in a bus accident, you have a right to seek compensation for the injuries you sustained in the bus accident. Recovering compensation for a bus accident can be complicated, but a New York City bus accident and injury lawyer at Buttafuoco & Associates may be able to help. Read more below, or call our attorneys for help today at 1-800-NOW-HURT.
How is Liability Determined in Bus Accidents?
Regardless of the type of bus, the owner is responsible for maintaining safety standards that keep riders, outside drivers, and pedestrians safe. When a driver, manufacturer, or owner of a bus fails to uphold safety standards, they may be considered negligent and as the victim, you are more than justified in suing for damages if the violation directly caused your injuries. If you are unsure whether you have a case, it may be advisable to meet with an attorney right away to clarify your rights.
Determining liability starts with evidence of how and why the accident occurred. If the accident was a driver error, the driver and his employer may be the only ones liable. If a mechanical failure caused the accident, it might be the party that owns or maintains the bus, or even the bus manufacturer if it was a defective design or part malfunction that caused the crash.
In bus accidents where the cause is not immediately clear, determining liability may require an expert witness such as an accident reconstructionist to provide testimony on the victim’s behalf. Witness statements and police reports are also important to proving the accident details and determining liability.
As mentioned above, these situations can be complicated. For example, while the City of New York owns and operates MTA buses, there can be independent mechanics involved in their upkeep, and unions involved in the employment of drivers. Even though MTA is under the ownership of the City, you would not file a claim with the City Comptroller’s Office.
A New York bus accident lawyer at Buttafuoco & Associates can help you determine liability for these accidents by conducting research, gathering evidence, reviewing medical records, and more.
Why Can Some Bus Accident Injury Lawsuits be Challenging?
Bus accidents can be complicated–as discussed above, depending on the cause, a variety of parties could be considered responsible for your injuries: from parts manufacturers to drivers to municipalities.
One key area of importance when determining liability in a bus accident is the type of bus. Different types of buses fall under different types of ownership and liability rules. Some buses fall under government jurisdiction, which can make filing an injury claim quite difficult. Private corporations have strict liability rules and large legal defense teams that can make the claims process daunting.
Private charter buses are those owned by a private entity, and are usually hired out to provide transportation to an event. School field trips, corporate retreats, and similar events commonly use private charter buses to transport their attendees.
These buses fall under the same regulations as all passenger transport vehicles, but that does not mean drivers and charter bus companies always operate within the regulations. When a driver or company fails to protect the safety of riders by violating laws, they can be held responsible for your injuries.
New York City buses operate under the supervision of the Metropolitan Transportation Authority New York City Transit Authority (MTA). An accident involving one of these buses will fall under the jurisdiction of the MTA, a government entity. Filing a claim against the city can be difficult due to strict time limits and complicated filing processes. In these cases, a New York City bus accident attorney may be able to help.
School bus drivers must operate in a safe manner to get children to school and back to their bus stop. Your child’s school district is responsible for hiring competent and safe drivers, as well as utilizing fleet services to keep buses in good working condition. A negligent driver or poorly maintained bus can lead to a serious accident. In these cases, the school district, driver, or manufacturer could be responsible for an accident.
Sight-seeing tour buses are a form of private charter bus available for hire by any person. Similar to a city bus in the type of use, the difference with these charter buses is that a corporation runs them, rather than the city, which can create legal challenges.
Interstate passenger buses such as Greyhound and Megabus that travel within New York State and to other states. These become complicated if a New York resident suffers injury on one of these buses out of state.
Shuttle buses commonly provide transportation to and from airports, although they also exist for transportation to doctor’s appointments and hospitals. Determining liability in a shuttle bus accident can be difficult if one company owns the bus but its drivers are from another company.
How do I Seek Damages After a Bus Accident?
When a bus accident causes serious injuries, victims and their families are entitled to certain damages. These damages can include:
- Lost wages or earning capacity
- Medical costs for current and future care
- Loss of consortium
- Funeral costs
- Long-term disability
- Punitive damages
Determining how much you may be eligible to recover for your injuries requires careful calculation. Before working with an insurance company, it may be in your best interests to contact a New York bus accident attorney. A knowledgeable and experienced attorney can help you consider current and future losses that you may be able to claim. As the victim, it is important to keep medical records and let your physician know about the accident that caused your injuries. It is also essential to contact a personal injury attorney right away to ensure that all relevant steps are taken to help you recover the compensation you need to recover. In the case of a wrongful death, families can also recover some damages. In these cases, working with an attorney can ensure that all possible compensation is taken into account.
How Can Buttafuoco & Associates Help?
Buttafuoco & Associates takes the guesswork out of filing injury claims and chasing down liable parties. We do all the evidence gathering and paperwork filing for you, allowing you to concentrate on your recovery. We believe in fighting for the rights of innocent victims who have been endangered by others’ negligence.
Call us at 1-800-NOW-HURT to schedule an appointment for a free consultation.
