You deserve a fair settlement if you’ve been injured in an accident with a NYC bus. Getting that settlement can be challenging. At HKD, our NYC bus accident lawyers can help you recover every penny you deserve.
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We Can Help After a Bus Accident in NYC
If you’ve been hurt by someone’s negligence, you can pursue a personal injury claim for your losses. You can seek a settlement to cover your medical bills, pain and suffering, damaged property, and lost wages.
Working with a skilled New York personal injury attorney can allow you to maximize the compensation you can secure. Your NYC bus accident attorney can investigate your injuries, identify liable parties, secure evidence, and help you calculate your claim’s value. Finding the right bus accident lawyer to support you after an accident is essential.
Taking a bus is a convenient way to navigate the Big Apple. These large vehicles can cause extreme damage. If you’re hurt by a bus as either a passenger, a driver, or a pedestrian, you might be able to file a claim for personal injury compensation. Many factors can affect your claim’s viability, like who owned the bus and how severely you were injured.
Common Causes of New York Bus Accidents
Bus accidents can have many causes, and identifying them can affect how you file a claim and who you file one against. Driver error can contribute to bus accidents, including:
Traveling above the speed limit.
Failure to yield.
Distracted Driving.
Driving while under the influence.
There are other ways that your accident could have happened. Maybe a bus wasn’t properly inspected, and a damaged part contributed to your crash. Maybe the bus was made with a defective part.
How To Avoid Injuries on NYC Buses
Millions of New Yorkers rely on buses to go to work and school, run personal errands, and generally arrive safely, but bus accidents do occur. The system, which has 5,712 buses serving Manhattan, Queens, Brooklyn, the Bronx, and Staten Island, carried an average of 2.6 million riders on weekdays.
After analyzing the performance of drivers, NYCT Bus is pushing for better driving at bus stops with a focus on scanning mirrors, watching the area around the bus, and pulling in and out of bus stops correctly. NYCT also emphasizes “zero tolerance” for cell phones and electronic devices for bus drivers. NYC Transit may be held liable for any injuries caused by an inattentive bus driver.
New York City Transit has embarked on a campaign to promote safety both in and around its Metropolitan Transportation Authority buses. A colorful print campaign begun last spring advises bus riders, pedestrians and cyclists how to remain safe onboard and around buses.
The safety campaign includes posters on buses and brochures that riders can pick up. The MTA says the key, according to safety experts, is situational awareness. This especially applies to those who may be distracted by cell phones, headphones and other electronic devices when walking or riding a bike.
Tips to Avoid Injuries Inside and Outside NYC Buses
The NYC Transit ridership of 812 million riders is more than twice as large as the nation’s second-largest transit system in Los Angeles.
To stay safe and avoid injuries, the MTA offers these safety tips:
Inside the Bus
Hold on to a railing while boarding and exiting the bus.
Keep baggage, strollers, and other obstructions out of the aisle.
Be extra careful on bus steps or the bus floor in wet and wintry weather.
Don’t talk to the bus operator when the bus is in motion.
Stand behind the white line located in the front of the bus.
Stay seated or hold the handrail (if standing) before the bus moves or is in motion.
Don’t stand in the rear door stairwell.
Keep your head and arms inside the bus.
Ask the bus operator if you need to have the bus lowered or repositioned for you to exit safely.
Outside the Bus
Stand clear as the bus approaches or drives away from the bus stop.
If a bus is making a turn in front of you as you stand on a curb or sidewalk, step back.
Don’t run to catch a bus.
Do not cross in front of the bus. Let the bus leave first. Always cross at the corner.
Watch for cars and other moving vehicles after you leave the bus.
How Other Types of Buses Are Handled
Other types of buses – such as tour buses and interstate motor coaches – have different oversight and reporting requirements.
Tour buses in New York City, like the bus that crashed near Times Square on August 5, injuring 13 people, must have a sightseeing bus license issued by the City’s Department of Consumer Affairs. And, though each bus must pass a nine-point checklist, the City does not require companies that put sightseeing buses on NYC streets to report accidents to the city, according to an Associated Press report. “Because the city does not require the information, Consumer Affairs does not consider accidents when renewing a sightseeing company’s license.”
“The legal loophole and the police’s imprecise records deprive the public of an important metric and leave (tour bus) companies without official numbers to back up their claims of high safety and few accidents,” the AP says.
Another problem is a gap in information about a bus driver’s record. The driver in the August 5 crash had 20 suspensions for administrative and insurance issues on his driving record, but they were in New Jersey. The Consumer Affairs Department notifies companies of driver violations but only has access to New York records. Because states don’t share information, his record looked clean.
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How Liability Affects NYC Bus Crashes
There are public or private bus services available throughout New York. Accidents with private and public buses are handled differently.
Charter buses or tour buses are examples of private buses used throughout the state. If you’re injured while riding one of these buses or if you’re hurt in an accident with one, you may be able to sue the driver and the company for negligence. You’ll have three years after the accident to file a claim.
In accidents involving public buses, the matter can become complicated quickly. These are bus services offered by the government, like buses run by the Metropolitan Transport Authority.
Some of these entities have qualified immunity from torts or personal injury claims. These claims must also happen sooner than claims against private entities. You must file a notice of a claim against the MTA within 90 days of your accident. MORE: MTA Accident Lawyer
Compensation After NYC Bus Accidents
If you’ve been hurt because of someone’s negligent behavior, you may be eligible for monetary damages if you can prove liability. Because your accident was caused by legal negligence, you may be entitled to compensation for your economic and non-economic losses.
Economic losses are expenses you pay for out of your pocket. These are direct financial losses caused by your accident, like medical bills or lost wages. They have a value that can be quantified by looking at bills or receipts.
Your non-economic losses can be more challenging to calculate. These are losses that are caused by your injury. They’re conceptual in nature. Damages like pain and suffering, emotional distress, diminished quality of life, or loss of consortium may apply to your claim.
No-Fault Insurance Claims
Drivers in another vehicle hurt in a bus accident should be aware of no-fault insurance claims in New York. Victims in motor vehicle crashes typically file an injury claim with their insurer. These claims cover economic damages, not non-economic losses.
There are exceptions to no-fault rules. If your claim exceeds your coverage, you can file a personal injury lawsuit against the liable parties. You can file a lawsuit if your injuries exceed New York’s “serious injury” threshold.
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If you’ve been in an accident with a NYC bus, you should be focusing on recovering from your injuries, not worrying about how to get compensation for your damages. Finding a skilled bus accident lawyer is a critical step to securing the money you deserve to be made whole.
Your bus accident attorney can identify liable parties, who can be sued for your injuries, how the accident happened, and how to file your claim.
Identifying Who’s Responsible for Your Bus Accident
Bus services employ many people, which means there could be several people responsible for your accident. In many cases, the most easily identifiable party is the bus driver. However, other possible liable parties include a bus management system, a bus company, a school district, or manufacturer.
Your attorney’s investigation can determine who shares the blame for your injuries, and help you take the necessary steps towards getting compensation.
Filing Claims Against Public Entities
There are special procedures for filing claims against the government or other public institutions. Your claim will proceed under the New York Court of Claims Act. If you or your child were hurt in a school bus accident, you’d take action against a school district.
Some entities have their own procedures for handling bus accident injury claims, including the New York City Transit Authority, the MTA, and the MTA Bus Company. Make sure you discuss these distinctions with your New York bus accident attorney.
Many people could be the victim of a bus accident, depending on the situation. Bus passengers, other drivers, or pedestrians all have the potential for injury.
What Kind of Injuries do Bus Accidents Cause?
Common injuries caused by bus accidents include traumatic brain injuries, back injuries, neck injuries, broken bones, scarring, disfigurement, burn injuries, or paralyzing injuries.
Contact Our NYC Bus Accident Attorneys Today
Being injured in a NYC bus accident can leave you in a precarious situation. Your injuries are likely severe, requiring exhaustive treatment. You may have even lost a loved one. It’s hard to know what to do when such a tragedy happens. That’s why you need skilled, knowledgeable, and committed legal assistance from the beginning.
At Hecht, Kleeger & Damashek, P.C., we serve clients throughout New York City and the surrounding counties. We have decades of experience, a record of holding negligent parties accountable, and always pursue maximum compensation. Let us review how you came to be injured, identify who’s to blame in your bus accident, and fight to make sure you get everything you deserve.
Call us at 212-490-5700 or contact us online to request a free, no-risk consultation with a bus accident lawyer near you. There are no up-front costs and nothing unless you recover compensation.
