If you were recently hurt in a bus accident, you may be able to seek compensation for the resulting damages. New York allows for the recovery of medical bills, lost wages, and even non-economic losses like pain and suffering.
Before you can pursue a payout, though, you’ll have to determine who was responsible for the wreck. Naturally, the circumstances surrounding the collision will ultimately determine who was at fault. Chances are, however, that you’ll name at least one of the following parties in your claim:
1. The Municipality
If a government agency owned and operated the bus that struck you, you might have grounds for a claim against the municipality. Should this be the case, you’ll have to act fast because the statute of limitations is considerably shorter for suits against government entities.
In most cases, injured parties have just 90 days to commence the proceedings by filing a Notice of Claim. If the agency denies the claim, they typically have one year and 90 days from the date on which they were hurt to proceed to court.
2. The Transportation Company
Many of the buses on the road today are owned and operated by private companies, which are obligated to:
- Perform thorough background checks on all prospective drivers;
- Provide new drivers with adequate training; and
- Maintain the vehicles in their fleet to a reasonably safe standard.
If you were hurt because the transportation company violated their duty of care, you will likely bring your claim against the organization as a whole. Since businesses are responsible for their employees while they’re acting within the scope of their employment, the transportation company may also be liable if the driver’s own negligence was to blame for the crash.
3. The Vehicle or Parts Manufacturer
If the bus driver lost control of the vehicle because of some kind of mechanical malfunction, the manufacturer may be deemed liable for the resulting damages. Should this be the case, you’ll want to hire a personal injury attorney who’s well-versed in product liability.
4. Another Motorist
If another driver caused the bus to careen off course, he or she may be to blame for the accident. Since New York is a no-fault state, though, you’ll have to meet the “serious injury” threshold before you can proceed with a third-party claim against his or her insurer.
New York defines a “serious injury” as one that results in:
- Significant disfigurement;
- Loss of a fetus;
- The permanent limitation or loss of use of an organ or organ system;
- The significant limitation of a bodily function or system;
- At least 90 days of disability during the 180 days immediately following the accident; or
Speak with a Long Island Bus Accident Lawyer Today
If you sustained serious injuries in a bus accident, contact PascaleLaw to determine how best to proceed. Our resourceful team will conduct a thorough investigation into the incident to identify all liable parties so you can pursue the maximum payout possible. Call 516-280-4716 or fill out our Contact Form to schedule a free consultation with a bus accident attorney in Long Island.