During the holiday season, public transportation in Buffalo sees an increase in traffic. The NFTA (Niagara Frontier Transportation Authority) bus and metro system are vital for many commuters, shoppers, and travelers trying to get to their destinations. However, the combination of heavy traffic, icy roads, and overburdened transit systems means that accidents and injuries can happen more often.
If you are injured while riding a bus or metro during the busy holiday season, knowing what to do next is crucial. The steps you take immediately after the incident can significantly impact the outcome of your case. Understanding your rights, what to claim, and how to proceed with a potential legal case is key to getting the compensation you deserve. Below is a detailed guide to assist you if you ever find yourself in such a situation.
What Should You Do Immediately After an NFTA Bus or Metro Injury? 
Seek Medical Attention First
The first and most important step you should take after being injured on an NFTA bus or metro is to seek medical attention, even if you think your injury is minor. Some injuries, like whiplash, concussions, or soft tissue damage, may not show immediate symptoms but can worsen over time. A medical professional can evaluate your injuries, determine the extent of your condition, and recommend appropriate treatment. Your health and recovery are the top priority, so do not delay seeking medical care.
Document the Incident Thoroughly
Once you are in a safe place and have received any immediate medical care, start documenting the incident. Write down the exact time, location, and circumstances of the accident. This might include details like:
- The bus number or metro line you were on.
- The route number or destination of the transit.
- Any weather conditions that may have contributed to the accident.
- The exact location where the injury occurred (e.g., was it due to a sudden stop, slippery floor, or faulty equipment?).
Take Photographs of the Scene and Injuries
Whenever possible, take photographs of the scene. Pictures can help provide visual evidence of the conditions that caused your injury, such as unsafe conditions on the bus or metro. Additionally, take photos of any visible injuries or bruising. It’s also a good idea to take pictures of any damaged personal property, such as a broken phone or belongings.
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File an Incident Report with the NFTA
Most transit systems, including NFTA, require passengers to report injuries that occur on their vehicles or premises. After the incident, speak to the bus driver or the metro operator to file an incident report. Be sure to get a copy of this report for your records. This report will serve as a formal document stating that the injury occurred on NFTA property, and it is important in proving liability if you decide to pursue a claim.
Understanding NFTA’s Liability in Injury Cases
NFTA, like any other public transportation provider, may be held liable for injuries sustained due to its negligence. Liability can arise when:
- Poor Maintenance: If an accident occurs due to poorly maintained buses or metro stations (such as broken handrails, uneven floors, or malfunctioning doors), NFTA may be held responsible for not ensuring safety.
- Driver Negligence: If the injury occurred due to a bus driver’s mistake, like sudden braking, reckless driving, or failure to follow standard procedures, NFTA may be liable.
- Dangerous Conditions: In cases where the metro or bus station was poorly lit, had obstructed pathways, or was icy and unsafe, NFTA could be held accountable.
Determining liability can be tricky, as it often requires proving that the NFTA or its employees were responsible for causing the accident. In many cases, government agencies are given some degree of protection, making it harder to prove liability. This is why having an experienced attorney can make a significant difference in the success of your claim.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.” - Jane D.
What Types of Compensation Can You Claim After an Injury?
- Medical Costs
After an injury on public transit, you may need extensive medical treatment, especially if your injuries are severe. Your medical bills may include hospital visits, physical therapy, medication, surgeries, or any other necessary treatments. If you are permanently injured, you could require long-term care. You may be able to claim compensation for all of these medical costs, both current and future. - Lost Wages and Earning Potential
Injuries often cause passengers to miss work. If your injury prevents you from performing your job duties, you may be entitled to compensation for lost wages. If the injury results in long-term disability and affects your ability to work in the future, you may also be able to claim compensation for lost earning potential. - Pain and Suffering
In addition to medical costs and lost wages, victims of public transportation accidents can also claim compensation for pain and suffering. Pain and suffering compensation is awarded for the emotional distress, physical pain, and mental anguish that the injury has caused. This can include things like stress, anxiety, depression, or loss of enjoyment of life. - Property Damage
If your personal belongings were damaged in the accident—such as a phone, laptop, or wallet—you could be reimbursed for these losses. This also applies if the transit vehicle caused damage to your car if you were parked near a bus or metro entrance.
The Importance of Hiring a Personal Injury Attorney
Legal cases involving public transportation accidents can be complex. NFTA is a government agency, and suing them often involves a specific legal process. They may have a team of legal professionals working to minimize or deny your claim. That’s why it’s essential to have a skilled personal injury attorney on your side who understands the nuances of these types of cases.
Why Andrews, Bernstein & Maranto, PLLC is Your Best Choice
At Andrews, Bernstein & Maranto, PLLC, we have a proven track record of helping clients navigate the legal complexities of public transportation accidents. Our team has extensive experience in handling cases involving public entities like NFTA, and we are dedicated to ensuring that your rights are protected.
We will assist you with:
- Investigating the Incident: Gathering all necessary evidence, including eyewitness testimony, accident reports, and medical records, to build a strong case.
- Negotiating with Insurance Companies: NFTA and its insurance providers will likely try to settle the claim for as little as possible. We will fight to ensure that you receive fair compensation for your injuries.
- Representing You in Court: If settlement negotiations do not result in a fair offer, we will take the case to court and fight for the justice you deserve.
We offer free consultations, and you only pay if we win your case. Don’t hesitate to reach out to us for assistance.
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Steps to Take if You Decide to File a Claim
- Contact a Personal Injury Lawyer
It’s crucial to consult with an attorney before taking any legal action. Your lawyer will guide you through the process and ensure that you meet all necessary deadlines. - Gather Evidence
Make sure you have all the documentation and evidence from the incident. This includes medical records, accident reports, photos, and witness statements. This evidence is critical for your case. - File a Claim with NFTA
After discussing your case with your attorney, you will likely need to file a claim against NFTA. This claim will detail the damages you are seeking and the basis of your lawsuit. - Wait for Settlement or Trial
Once your claim is filed, NFTA or their insurance company will typically offer a settlement. If the settlement is fair, your case can be resolved quickly. If not, your attorney will prepare for trial.
Injuries sustained on public transit during the holiday season can be overwhelming, especially when you’re dealing with pain, medical bills, and time off work. However, understanding your rights and knowing how to pursue compensation can make a significant difference in your recovery.
Verdicts & Settlements
If you have been injured on an NFTA bus or metro, don’t wait to take action. Contact Andrews, Bernstein & Maranto, PLLC today for a free consultation. Our experienced team will help you understand your options and fight for the compensation you deserve.
Disclaimer: This article is for informational purposes only and is not legal advice. Consult an attorney about your specific situation.