New Yorkers rely on buses every day to get them to and from school, work, and elsewhere. But when one of these large vehicles crashes, people both inside and outside the bus can get seriously hurt. Bus accidents are nearly always attributable to someone’s negligent conduct, which means the victims can seek compensation.
If you or a loved one were injured in a crash, you will need knowledgeable legal representation to successfully make a claim for monetary damages. Find out why so many Long Island personal injury clients trust the experience of Dell & Dean PLLC.
Why Do Bus Accidents Happen?
Understanding the common causes of bus accidents is an important part of recovering compensation. Victims have the burden of proof in these cases, which means they need to explain how the crash happened and how it demonstrates negligence. Among the causes of Long Island bus accidents are:
- Distracted driving: This is a problem for all drivers, including those who operate New York buses. A distraction is anything taking the driver’s focus from the road, with cell phone use being a prime example.
- Traffic law violations: Speeding, driving under the influence of drugs or alcohol, and reckless driving are against the law. So, too, is failure to obey traffic lights, signs, and signals.
- Poor training: Bus companies should properly train their drivers and conduct appropriate background checks to ensure they don’t hire someone with a history of bad driving. If they fail to do so, the courts may hold them accountable.
- Inadequate maintenance and repair work: Buses require frequent maintenance to prevent avoidable breakdowns which can lead to accidents. It’s also important to do all necessary repairs with the utmost care and adherence to industry safety standards.
- Other drivers: Some accidents involve the negligent actions of other motorists. In cases like these, it will be critical for the victim to come up with the evidence necessary to prove causation.
- Unruly passengers: Passengers who distract the driver or cause harm to others riding the bus can be held liable. But in order to protect everyone’s safety, the driver should take steps to avoid any passenger disruptions and involve police if needed.
- Poor road construction: In some cases, liability rests with the construction contractors and government agencies that are responsible for road work. Suing a government agency is different from suing a private party, so speak with a Long Island bus accident lawyer.
- Defective bus equipment: The company responsible for building the bus or installing its various components can be liable for an accident. Negligent work and negligent design of bus parts or safety systems can cause a wreck.
Why Long Island Bus Accidents Are Complex
With so many potential causes of accidents, you will need to identify the various at-fault parties and the role they played in the crash. These are some examples:
- A private bus company: These include Greyhound buses, sightseeing buses, and charter buses. Hotel and airport shuttles and private paratransit buses are also in this category. Your Long Island accident attorney can help determine who owns and operates the bus.
- A public bus company or authority: The New York City Transit Authority (NYCTA) and Metropolitan Transportation Authority (MTA) own buses, as do school districts. Figuring out which agency to name as a defendant is essential to your injury claim.
- The driver: Plaintiffs can also name negligent bus drivers as defendants. However, it is better to try to name a bus company or authority as well (e.g. for poor training) because they will have more resources available to compensate the victim.
- A third-party driver: If another motorist caused the accident, you will need to name that person as a defendant. However, you can expect their attorney and insurance company to deny liability.
- A passenger: Passengers who disrupt the safe operation of the bus may be liable for victims’ injuries. However, they are typically not in a position to compensate victims fully. Your Long Island attorney will look to determine if you can name others as defendants.
- A parts manufacturer or repair shop: Depending on the facts of your case, the company responsible for a defective bus part or poor repair work could be liable. The key will be to retain an expert witness who can explain their role in the accident.
Common Bus Accident Injuries
Buses carry large numbers of passengers who do not wear seatbelts and often stand during their trip. The potential for serious accidents is therefore much larger when compared to accidents involving passenger vehicles. The victims’ injuries may include:
- Traumatic brain injury (TBI)
- Spinal cord, neck, and back injury
- Internal organ damage and bleeding
- Bone fractures
- Lacerations and scarring
- Paralysis
- Disability
- Amputation
Steps to Take After Being in a Long Island Bus Accident
The decisions you make right after being in a bus crash will affect your health and your right to compensation. You should do the following:
- Get medical attention: Call 911 or visit the emergency room on your own to get medical attention. Even if you think you were not injured, let a doctor evaluate you.
- Gather evidence: Take photos and record videos of the accident scene and your injuries. If there were any witnesses, get their names and contact information.
- Limit communications with insurance companies: The at-fault party’s insurer may contact you about the accident. You should not give a recorded statement and should instead defer their questions to an attorney.
- Retain a Long Island bus accident lawyer: Your attorney will guide you through the claims process and work to win the maximum amount of compensation for your injuries.
Contact Our Long Island Bus Accident Attorney
The sooner you take action after being in a bus crash, the more likely it is that you will recover compensation for your injuries. Don’t delay hiring legal counsel to protect your rights and interests. Reach out to Dell & Dean PLLC now.
Frequently Asked Questions About Bus Accidents
How is suing a public bus company different from suing a private one?
The government owns public bus companies, and there are different rules and procedures for suing the government. For instance, the plaintiff must file a notice of claim within 90 days of the accident and must file the lawsuit within one year and 90 days of the accident. This is different from the three-year statute of limitations that applies when suing private bus companies.
How do courts determine causation?
The complexities of bus accident lawsuits sometimes make it difficult to determine who caused the crash. Expert witnesses, such as accident reconstructionists, can help sort out these matters. Our Long Island law firm has a reliable network of these experts.
What kinds of damages may I receive?
Depending on the facts of your case, you may be eligible to win damages to pay for your medical bills, lost wages, property damage, pain and suffering, and other losses. You can also seek compensation for reasonably estimated future damages, like additional medical treatments and decreased earning capacity. Your attorney will assist with calculating a fair value of your case.