A bus accident instantly changes your reality, possibly leaving you with physical wounds and a whirlwind of uncertainties. Learning how to pursue a bus accident claim is the first step toward healing and reclaiming what you deserve.
A Long Island Bus Accident Lawyer makes the path to compensation much easier.
For a free legal consultation, call 516-451-7900
4 Initial Steps: How To File a Bus Accident Claim
After a bus accident, certain actions protect your rights. If you’ve already sought medical care, take these four steps:
- Report the Accident: If police didn’t come to the scene, report the bus accident to the local police department and obtain a copy of the police accident report.
- Document Everything: Gather as much information as possible. Take photos of the accident scene, all vehicles involved, including any identifying numbers or, in the case of a municipal bus, route markings, and your injuries. Collect the names and contact details of any witnesses.
- Notify Relevant Parties: Inform your own auto insurance company about the accident, even if you were a passenger in another car. Be very careful when speaking to representatives from the bus company or their insurance. They may try to get you to make statements that hurt your potential claim.
- Seek Legal Help: Consult with a personal injury lawyer experienced in bus accidents as soon as possible. They can advise you of your rights, help you navigate the claims process, and protect your interests when dealing with insurance companies.
Basics of a New York Bus Accident Claim
A bus crash claim is a formal legal request for financial compensation. This request is directed towards the party or parties deemed responsible for causing the bus accident and your resulting injuries. If I was hit by a city bus, that claim may involve additional procedures and deadlines, including filing a Notice of Claim within 90 days if the bus is operated by a government entity.
The money sought is intended to cover your medical treatments, lost income, pain, suffering, and other losses stemming from the crash. Successfully filing a bus accident claim in New York means following specific legal procedures and meeting important deadlines.
Different types of buses navigate New York’s roadways daily. The specific claim process you encounter may change depending on the kind of bus involved in your accident. Common categories include:
- Municipal Buses: These are operated by city or county governments, such as Nassau Inter-County Express (NICE), Suffolk County Transit (SCT), and Metropolitan Transportation Authority (MTA) buses. Claims against these government entities are subject to special rules and shorter time limits.
- Private Company Buses: This group encompasses charter buses, tour buses, intercity buses like Greyhound or Trailways, and some private commuter lines. The regulations and procedures for claims against these private businesses differ significantly from those involving government-operated buses.
- School Buses: Accidents involving school buses also present unique considerations. The approach to your claim might depend on whether the school bus is owned and operated by a public school district (making it a municipal claim) or by a private company contracted by the school.
Potential Negligent Parties
Negligence is a key concept in most bus accident claims. It means someone failed to act with reasonable care, and this failure caused the accident and your injuries. For example, a bus driver texting while driving shows negligence.
A bus company that speeds, gets distracted, or skips safety checks also acts negligently. The bus company itself could also be liable due to inadequate vehicle maintenance, negligent hiring or training practices, or pushing drivers to work excessive hours.
Sometimes, the actions of another vehicle’s driver contribute to or directly cause the bus accident. In other instances, a government agency might share responsibility if poorly maintained roads or malfunctioning traffic signals played a role in the incident leading to your New York bus crash. In these cases, you may have grounds to sue for negligence if their failure to act with reasonable care contributed to your injuries.
Identifying who bears legal responsibility for the bus accident is a critical aspect of your claim. Several different parties, or a combination of them, might be at fault.
Who May File a Claim After a Bus Accident?
Several individuals might have grounds to file an accident claim outside of the injured passengers on the bus. Drivers or passengers of other vehicles involved in the collision also may file, and pedestrians or bicyclists struck by a bus have this right, too.
In tragic cases where a fatality occurs, eligible surviving family members may file a wrongful death claim.
Key Deadlines for Filing a Bus Accident Claim in New York
New York law sets strict time limits for pursuing a bus crash claim. Missing these deadlines means you lose your right to seek compensation. These deadlines are known as statutes of limitations.
The general statute of limitations in New York is usually three years for bus accidents involving private companies. While this seems like a long time, building a strong case takes effort and investigation. Contact a Long Island Bus Accident Lawyer as soon as possible to start the process for your claim.
The 90-Day Rule for Claims Against Municipalities
If any municipal entity, such as a city, county, or public authority bus, caused your injuries, special rules apply. You generally must file a Notice of Claim within 90 days of the accident. This formal document informs the government entity of your intent to seek damages.
Failing to file this Notice of Claim on time often prevents you from making a bus wreck claim later.
Wrongful Death Claims
If a bus accident tragically results in a fatality, the family may pursue a wrongful death claim. The statute of limitations for wrongful death claims in New York is two years from the date of death. This two-year deadline applies even if a government entity is involved.
Supporting Evidence in Your Bus Accident Claim
To successfully make a bus crash claim, you need evidence that shows who was at fault and the extent of your damages. Strong documentation strengthens your position during the bus accident claim process.
Official Reports and Records
Official documents are very persuasive, especially the police accident report, which provides an initial account of the incident. Your complete medical records detail your injuries, treatment, and prognosis, linking your injuries directly to the bus accident.
Evidence From the Scene
Evidence at the scene is valuable, including:
- Photographs and Videos: Pictures or videos of the accident scene, vehicle damage, road conditions, and your visible injuries serve as powerful visual proof.
- Witness Information: The names and contact details of anyone who saw the accident provide sources for firsthand accounts. Their statements help establish what happened.
- Traffic Camera and Surveillance Footage: Many intersections have traffic cameras, some of which are accessible. Additionally, as technology improves, more and more homes and businesses have security cameras that may have captured the collision.
Personal Documentation
Your personal records also play a role. Gather pay stubs or employment letters to prove lost wages.
Collect all receipts for out-of-pocket expenses related to the accident, like medication costs or travel to doctors.
Dealing With Insurance Companies and Bus Operators
Soon after a bus accident, you’ll likely receive calls or letters from insurance adjusters. These individuals represent the bus company, the bus driver, or another party involved in the accident.
It’s their job to protect their company’s financial interests, not yours. Their primary goal is to minimize the amount of money the insurance company pays out for your New York bus accident claim.
Insurance adjusters often try to settle claims quickly and for the lowest possible amount. An adjuster might appear friendly and express concern for your well-being.
However, they may also ask you to provide a recorded statement about the accident or your injuries. Be cautious, as anything you say in a recorded statement could potentially be misinterpreted or used against you later to devalue or deny your bus accident claim.
They might also pressure you to sign medical authorizations that give them broad access to your entire medical history, not just records related to the accident.
You’re not obligated to provide a recorded statement to the at-fault party’s insurer. You also don’t have to accept a quick settlement offer, especially if you are still undergoing medical treatment or the full extent of your injuries and future needs is unclear. This is one of many reasons to hire a personal injury lawyer who can protect your interests, handle negotiations, and make sure no one takes advantage of your situation.
These initial offers frequently fail to account for long-term medical care, lost earning capacity, or the full measure of your pain and suffering. Direct your insurer to communicate with your lawyer to protect your claim.
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Lawyers Know How To File a Bus Accident Claim: Seek Guidance
Navigating the complexities of how to file a bus accident claim by yourself is challenging. A personal injury lawyer experienced with New York bus accidents provides invaluable assistance. They manage the legal burdens so you can focus on your recovery, and if you’re unsure where to begin, understanding how can a lawyer help is a crucial first step in protecting your rights and pursuing the compensation you deserve.
Investigating Your Bus Accident
A lawyer launches an independent investigation into your bus accident, gathering evidence, such as police reports, witness statements, and traffic camera footage. They may also consult with accident reconstruction professionals to determine exactly how the accident occurred and who was at fault.
This detailed investigation is fundamental to building a strong foundation when filing a bus accident claim.
Identifying All Liable Parties
Sometimes, more than one party is responsible for a bus accident. A lawyer identifies all potential defendants. These might include the bus driver, the bus company, a parts manufacturer, or a government entity responsible for road maintenance.
Pursuing claims against all liable parties maximizes your potential for fair compensation from your New York bus accident claim.
Calculating Your Claim
Determining the true value of your bus crash claim involves more than just current medical bills. A lawyer assesses all your damages. This includes future medical expenses, lost earning capacity, pain and suffering, and emotional distress.
They work to ensure your claim reflects the complete impact the accident has had on your life.
Handling All Communications and Negotiations
Your lawyer becomes your voice, handling all communications with insurance companies, bus operators, and other attorneys. This protects you from saying something that might harm your case.
Attorneys are skilled negotiators who work to reach a fair settlement on your behalf for your bus accident claim.
Taking Your Case to Court if Necessary
While many bus accident claims settle out of court, some require litigation. If a fair settlement isn’t possible, your lawyer prepares your case for trial. They represent your interests in court, presenting evidence and arguing on your behalf.
Meeting All Legal Deadlines
Missing a legal deadline, like the 90-day Notice of Claim for municipal bus accidents, ends your chance to recover compensation. A Long Island Bus Accident Lawyer understands all applicable statutes of limitations and procedural requirements. They file all paperwork correctly and on time.
FAQ for How To File a Bus Accident Claim
What Types of Compensation Are Available in a Bus Accident Claim?
Compensation in a bus accident claim aims to cover various losses. These often include:
- Medical Expenses: This covers all reasonable and necessary costs for hospital stays, doctor visits, surgical procedures, prescription medications, physical therapy, and any anticipated future medical care related to your injuries.
- Lost Income: If the accident prevents you from working, you may recover wages lost during your recovery. If your injuries result in a long-term or permanent inability to earn at your previous capacity, you may seek compensation for diminished future earning capacity.
- Pain and Suffering: This non-economic damage compensates you for the physical pain, emotional distress, mental anguish, inconvenience, and loss of enjoyment of life caused by the bus accident and your subsequent injuries.
Other damages, such as property damage if your personal vehicle was involved or a loved one’s bicycle was destroyed, might also be part of your claim. The specifics of available compensation depend on the details of your case and the successful presentation of your bus accident claim.
What if I Was Partially at Fault for the Bus Accident?
New York follows a pure comparative negligence rule, which means you may still recover damages even if you were partially at fault for the bus accident. However, your compensation amount will be reduced by your percentage of fault.
For example, if you are found 20% at fault, your total compensation award is reduced by 20%.
How Long Does It Take To Resolve a Bus Accident Claim in New York?
The time it takes to resolve a bus accident claim varies greatly. Some straightforward claims might settle in a few months. More complex cases, especially those involving severe injuries or disputes over liability, might take a year or longer, particularly if a lawsuit goes to trial.
Factors influencing the timeline include the severity of injuries, the clarity of fault, and the insurance company’s willingness to negotiate fairly.
Does the Process of How To File a Bus Accident Claim Differ if a City Bus Caused My Injuries?
When a city bus or another municipal vehicle causes your accident, the process of how to file a bus accident claim has key differences, particularly the requirement to file a Notice of Claim with the government entity, usually within 90 days of the accident.
This is a much shorter deadline than the general statute of limitations for claims against private parties. Missing this 90-day deadline often means you cannot pursue your claim for compensation.
What Is a Notice of Claim for a New York Bus Accident?
A Notice of Claim is a formal written document. You must file it when you intend to sue a municipality or government agency in New York for injuries, such as those from an accident involving a city or county bus. This notice must typically be filed within 90 days of the incident.
Take Control of Your Bus Accident Claim
The journey after a bus accident is demanding, but you don’t have to walk it alone. Working with an experienced attorney is the best way to protect your rights.
For dedicated guidance in English or Spanish, contact Rosenberg & Gluck LLP at (631) 451-7900 for a free case evaluation.
