Veteran New York Lawyers for Victims of Transportation Crashes.
If you were injured in a bus accident in New York City or Westchester, you need an experienced bus accident lawyer. The laws governing bus accident cases are complex and confusing to the average person. There are strict deadlines and if you don't act quickly, you can lose your rights to benefits and even lose the right to sue, no matter how serious your injures are. Don't wait, if you were injured in a bus accident, consult our New York City and Westchester bus accident attorneys.
New Yorkers are fortunate to have a variety of public transportation methods available to them. Buses, for example, can be a convenient way to travel around the New York City and New York state. Many buses do not provide passengers with seat belts or mandate their use, even though an accident can result in severe injury or death. The number of passengers who may be carried while seated or standing inside a crowded vehicle can pose additional hazards. The Law Office of Michael H. Joseph, PLLC has represented transportation crash victims and their families in New York for more than two decades decade. Our knowledgeable attorneys are dedicated to serving clients in Manhattan, the Bronx, Brooklyn, Queens,and Westchester, as well as the surrounding areas. Call (212) 858-0503 to speak with our New York City bus accidents lawyer if you have been in a bus accident in New York City or Queens, NY.
Holding Negligent Bus Drivers Liable
In general, buses operating in New York are considered common carriers, so they are subject to the safety provisions included in the New York Transportation Law. This means that a bus company that wishes to conduct business in this state must first obtain permission from the Department of Transportation to carry passengers in exchange for money. Common carriers are also held to a higher standard of care than other motor vehicle operators. Under Section 140 of the Transportation Law, they are required to provide all passengers with “safe and adequate” facilities. Anyone running a bus service in New York must immediately report all collisions and other accidents that occur during the course of operations to the Department of Transportation. Additionally, vehicles and related facilities must be made available for Department inspection.
All bus drivers owe a duty of care to passengers, other motorists, and pedestrians. When someone violates that duty, an avoidable injury often results. A serious bus accident may be caused by a number of factors, including driver negligence, inadequate equipment maintenance, or a lack of training. A crash may result in contusions, broken bones, serious head injuries, spinal cord harm, and even tragic death. A bus operator also may be held responsible for a preventable slip-and-fall or other injury that an individual sustains while boarding or on board the vehicle.
Seeking Compensation After an Accident
Taking legal action after a crash involving public transportation can be challenging. Many buses traveling on the streets of New York are owned by a government agency, such as the New York City Transit Authority, the New York Bus Company, and even Westchester's Bee Line Bus is operated by Westchester County. Even school buses are often owned by the board of eduction. If a passenger is hurt while traveling on a vehicle that is operated by the Transit Authority, he or she may be entitled to file a no-fault claim for medical bills and lost wages. New York's rules on who pay no fault benefits are complicated and one of the most frequent questions that our New York bus accident lawyers are asked is "I got hurt in a bus accident, Who is going to pay my medical bills?". The answer depends on whether you own a car or whether somone in hour household owns a car. New York law provides that anyone injured in a bus accident is entitled to no fault benefits, which includes payment for your medical bills and your lost wages. Although it seems contrary to common sense, if you were injured in a bus accident in New York State, the law requires that your own car insurance company pay your no fault benefits. If you do not own a car, but someone in your household owns a car, then the car insurance company for that car has to pay your no fault benefits. If you do not own a car and no one in your household owns a car, then the owner of the bus must pay your no fault benefits. The exception is if you were hit by a bus, then the bus company pays your lost wages and medical benefits and it does not matter if you own a car or have a car in your household.
Under New York No Fault law, you are entitled to beneifts up to $50,000 worth of medical expenses and lost wages, subject to certain limitations. Additionally, a statutory death benefit of $2,000 is also available to people who lost a loved one in a bus accident. A no-fault claim does not require an injured person to offer proof of negligence to recover damages. Still, a victim must file an application for the no fault benefits, with the right company, within 30 days of the bus accident to be entitled to medical bill payment and lost wages. In New York City, identifying the correct bus company is important because there are different entities that operate buses, so our New York City bus accident lawyers recommend that you get the police report as soon as possible after your accident. If you miss the 30 day deadline to file a no fault claim, then you may lose your benfits, so call our experienced New York City and Westchester bus accident lawyers today.
PAIN AND SUFFERING DAMAGES FROM A BUS ACCIDENT
It is important to note that no-fault insurance coverage does not account for damages related to pain and suffering, emotional trauma, and wrongful death. To recover damages for a pain and suffering from a bus accident, you need to prove that the bus driver was neglient or careless in their operation of the bus and that is why you got hurt. In addition to filing an application for no fault benefits, to sue a bus company that is operated by the New York City Transit Authority or the New York Bus Company for negligence in a bus collission, you need to file a notice of claim, with the correct entity within 90 days of the accident. For the Bee Line, which is operated by Westchester County and Liberty Lines, you need to file a Notice of Claim with the County of Westchester, within 90 days following the accident. If you fail to file the notice of claim within 90 days, you cannot sue, unless you get special permission to file a late notice of claim from the New York Supreme Court. If you have been seriously injured and missed the 90 day deadline, call our bus accident attorneys immeidately. The Courts do not always grant permission to file the late notice of claim, which is why you must get in touch with a qualified and experienced Manhattan, NY bus accidents attorney to handle your case if you were injured in a New York City bus accident. If you were injured in a Queens bus accident, or in a bus accident in the Bronx, Manhattan or Brooklyn, call our our Manhattan office at (212) 858-0503. If you were injured in a bus accident in Westchester County, call our White Plains bus accident lawyers at (914) 574-8330.
Passengers who suffer a serious injury are eligible to pursue a negligence claim against a bus company or government entity. In general, a person who seeks to prove negligence must show that they were injured becuase the bus driver drove the bus in a careless manner or failed to follow the rules of the road and was involved in an accident. The law recognizes that all motorists, inculding bus drivers are required to adhere to state and local traffic laws. If a passenger was hurt in bus a collision that was caused by a speeding driver, or a bus that hit a stopped vehicle or was involved in an accident where the bus negligently changed lanes when it wasn't safe to do so, the passenger may be entitled to recover for any injuries that he or she sustained as a result of the driver’s negligent act. Also, if another car or truck was careless and hit the bus, the injured passenger on a bus can sue the driver or the car or truck. Similarly, if a person dies in a crash that was caused by a bus operator’s careless behavior, the company that hired the operator may be held responsible for the person’s death under the rule of vicarious liability. This can make an employer liable for any damages that resulted from the negligent actions of an employee if he or she was within the scope and course of the employment relationship at the time. Our bus accident attorneys have won numerous victories against the Bee Line-Liberty Lines, the MTA and the New York City Transit Authority, as well as private bus carriers.
Consult a Skilled Bus Collision Attorney in New York
An unforeseen injury can be hard on your family and you. If you were injured or lost a loved one in an accident, you should have a hardworking bus collision lawyer on your side. The Law Office of Michael H. Joseph, PLLC provides quality representation to injured individuals in New York and throughout the five boroughs of New York City. Our attorneys have handled a number of cases against the New York and Liberty Lines. If you were hurt as the result of someone else’s carelessness, do not hesitate to call us toll-free at (877) 580-6636 or contact us through our website today. The bus collision and bus accident attorneys in New York, NY and Westchester, NY have years of experience handling accidents involving buses. We have obtained favorable outcomes for our clients. After being in a bus accident, victims usually have a certain amount of time to file an injury claim before the statute of limitations runs out. If you need to talk to a New York City bus accidents lawyer, give us a call at (212) 858-0503. Our Westchester and NYC bus accidents attorney will do everything to get you a favorable settlement.