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What the Victims of the crash between the NYFD Engine and Bus Need to Know

November 17, 2018

Last Friday,  an MTA bus in the Bronx, was involved in a serious crash with a New York Fire Department Engine on Webster Avenue in the Bronx.  As a result of the bus accient, two dozen people were hospitalized with injuries.

Our New York City bus accident lawyers known that accidents involving either a bus or a fire engine makes teh case extremely complex and a trap for the weary. There are numerous deadlines and one of the most frequent questions our New York City bus accident lawyers hear is “I got hut in a bus accident, Who is going to pay my medical bills?” In a bus accident, the answer is it depends.  If you were on the bus and you own a car,  your car insurance is actually responsible to pay for your medical bills and for any lost wages you may have. Also, even if you don’t own a car, if you live in the same household as someone who owns a car, their car insurance has to pay for your medical bills and for any lost wages. This may seem counterintuitive, but that is the law in New York State. If you do not own a car or live in the same household with someone who does, then the bus company is responsible to pay for your medical bills. The injured bus passenger must also be aware that there is a 30 day deadline to file a no fault application with either the insurance company or the bus company as the case may be.

If the bus driver was negligent in the operation of the bus, then the bus can also be sued for causing personal injuries. In addition to the no fault application, the injured passenger must file a notice of claim, within 90 days of the accident with the bus company. Since there are several entities that operate buses in New York City, identifying the correct company can be tricky.  Our bus accident lawyers in our Manhattan office always get the accident report as soon as possible to determine which company the notice of claim must be filed with. Sometimes it is the New York City Transit Authority, other times it is the Metropolitan Transit Authority and sometimes it is the New York Bus Company.

In this case, there is a video which shows that the fire truck  had its lights and sirens on and almost completed a  turn when the bus, approaching the fire truck from the left, slammed into its back end.  In this case it seems the bus was at at fault.

Our New York City personal injury attorneys have handled numerous cases involving emergency vehicles and know that when a fire enginge has lights and sirens, they are not obligated to follow the rules of the road in the vehicle and traffic law, and can only be held liable if they were reckless. However, if the engine did not have lights and sirens on, then the City can be held liable for ordinary negligence. In accidents involving the New York City Fire Department, a notice of claim is required to be filed with the City of New York at 100 Church Street in Manhattan within 90 days of the accident.

If you were injured in an accident involving either a bus or fire engine contact an expereienced New York City bus accident lawyer right away because if you miss a filing deadline, you may be left uncompensated for your injuries

 
The Law Offices of Michael H. Joseph