With the constant hustle and bustle of New York City, it’s no surprise that bus accidents happen from time to time. But here’s the deal: knowing what causes these accidents and understanding your rights regarding bus accident claims can really make a difference. It’s all about feeling empowered rather than lost when you’re in these situations.

In this article, we’ll dig into the common causes of bus accidents in the Empire State, how they contribute to things like liability and negligence, the steps you’re supposed to take after the accidents, and what you can expect after filing a claim.

Common Causes of Bus Accidents in New York

First among the most prevalent causes of bus accidents in New York are driver errors.

Driving too fast when the conditions don’t allow for it, failing to yield the right of way, operating while distracted or under the influence – these are the leading contributors to bus accidents in the Big Apple.

Then there are vehicle maintenance issues and mechanical failures, such as brake failures. These often happen due to lapses in regular inspections of the bus, causing the bus to crash into another vehicle.

Other common causes of bus accidents in NYC include:

• Poor road conditions, road design, and construction zones
• Inadequate signage
• Bad weather conditions and poor visibility
• Inadequate driver training and other practices of bus companies
• Excessive operational hours and stress due to tight schedules
• Bus equipment failure (e.g., a steering system defect)
• Passenger distractions

In many cases, bus accidents are caused by other drivers’ errors, which calls for heightened awareness and caution from all road users.

Types of Bus Accident Claims in New York

Which type of bus accident claim would be most suitable for your case will depend on which aspect of the case you want to address, as well as the specific circumstances surrounding the accident and the extent of your injuries or damages.

After a bus accident, many choose to pursue personal injury claims to recover from the physical harm endured. These claims help cover medical bills, lost income, and provide compensation for the pain and suffering experienced.

Beyond personal injury claims, you have the option to file a wrongful death claim if you’ve lost a family member in a bus accident. These claims not only cover funeral expenses but also provide compensation for the loss of companionship and the deceased’s future earnings.

You can also file a:

• Product liability claim against the manufacturer, if the accident occurred due to a defective bus part or equipment instead of a human error.
• Property damage claim, if your property was damaged in the accident.
• Workers’ compensation claim, if you were the bus driver and got injured in a bus accident while on the job.

Generally speaking, personal injury and property damage claims are more suitable than others at addressing the primary concerns of most victims, which are physical harm and property loss.

Still, to understand the best option for you and your case, contact a lawyer specializing in bus accidents or read here.

The Process of Filing a Claim for a Bus Accident

Generally speaking, after a bus accident occurs, police will come to the accident scene and create a detailed report about what happened, who was involved, and what the circumstances surrounding the event were.

Once you’ve received medical attention for your injuries, prioritize obtaining this report along with your medical records, as they’ll serve as vital evidence for your claim.

Besides these two documents, you should have your own reports about the injuries you suffered, treatments you received, and any resulting expenses. The more detailed they are, the stronger your case will be.

And this is the step where involving a personal injury attorney in your case becomes essential.

When selecting an attorney, it’s advisable to choose someone familiar with the specific laws of your state. For instance, if you reside in New York, finding an attorney based in NY is recommended.

They should also be well-versed in topics like:

• The state’s no-fault insurance system
• The appropriate municipal office for filing a notice of claim
• Whether the type of bus involved affects the filing process
• The deadline for submitting a notice of claim

An attorney will help you collect all the relevant evidence to support your claim and submit it to the insurance company or the responsible party on your behalf.

They will also help you decide whether to opt for settlement negotiations or litigation to receive the fairest possible compensation for your injuries.

Other Important Things to Know About New York Bus Accident Claims

In New York, whether a person is liable for a bus accident often hinges on establishing their negligence. In other words, to prove that someone is responsible for the accident and your injuries, you must prove that they failed to exercise reasonable care and that the accident was a result of such behavior.

You should also know that different parties can be found responsible for bus accidents, including the bus driver, the bus company, other motorists involved, or even manufacturers of bus parts.

We’ve also mentioned the NY no-fault insurance system, so it’s only fair to explain what we meant by that and why it’s important to take it into consideration.

The no-fault insurance system means that your insurance company will cover your medical expenses and lost wages up to a certain limit, whoever may be responsible for the accident. Aside from that, it can also limit your ability to sue for damages unless you sustained a serious injury.

Lastly, talk to your lawyer about the statute of limitations for filing a bus accident claim.

In New York, it is generally three years from the date of the accident, but if the claim is against a public entity (e.g., MTA), a notice of claim must be filed within 90 days of the accident.

Knowing these ins and outs can make a real difference in the outcome of your case, so be sure to discuss them thoroughly with your legal representative.

Conclusion

As you can see, the bus accident claim process can be rather complex, with each case having unique aspects that may require specific legal knowledge and approach. That’s why it is always recommended to seek professional legal advice before pursuing your claim.