If you’ve recently been involved in a bus accident in New York, you may be facing not only physical and emotional recovery but also the challenge of seeking justice. Bus accidents can be complicated due to the parties involved, including bus drivers, bus companies, and sometimes, even city-run transit systems. Understanding how to prove negligence is crucial to your case and ensuring you get the compensation you deserve. In this article, we’ll break down the concept of negligence in the context of a New York bus accident case, providing the necessary steps to guide you through the legal process.
What is Negligence?
In a personal injury case, negligence refers to the failure of an individual or an organization to exercise reasonable care, resulting in harm to another person. In the case of a bus accident, this could involve the bus driver’s actions or a failure by the bus company to maintain the bus or properly train their employees. Proving negligence involves showing that one or more parties were responsible for the accident and your injuries because of their carelessness or failure to meet safety standards.
In New York, the law applies the principle of comparative negligence. This means that if you are partly at fault for the accident, you can still recover some damages, although the amount may be reduced according to the percentage of fault assigned to you. Understanding this legal framework is essential as it helps shape how you approach your case.
Proving Negligence: Key Elements
To successfully prove negligence in a bus accident case in New York, certain conditions must be met. First, it must be clear that the bus driver or bus company had a responsibility to maintain a duty of care to you and others on the road. A bus driver must act safely, follow traffic laws, and ensure that the passengers are safely transported. The bus company is responsible for ensuring the vehicle is properly maintained and that their drivers are well-trained.
Partner Partner Partner Attorney Attorney
Benjamin J.
Andrews
Robert
Maranto
Tom
Kotrys
Robert J.
Maranto, III
Thanon
Rezvi
Once that duty of care is established, the next step is to show that the duty was breached. This could mean the driver was speeding, distracted, under the influence, or driving recklessly. If a bus driver failed to stop at a red light or ran a stop sign, for instance, it would likely be considered a breach of duty.
The third element involves proving that this breach caused the accident and your injuries. This is often the most difficult part of proving negligence. You must demonstrate that the driver’s actions (or lack of action) were the direct cause of the accident. For example, if the bus driver was texting while driving, lost control of the bus, and collided with another vehicle, you must show how this specific behavior resulted in the accident.
Finally, damages must be established. These damages may include medical expenses, lost wages, pain and suffering, and other related costs. It’s important to gather all necessary documentation to prove the impact of the accident on your life, which will support your claim for compensation.
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.
Common Causes of Bus Accidents
Understanding what may have caused the bus accident can help determine who was negligent. Several common factors are often involved in bus accidents, and proving negligence can be easier if these are present.
One of the most common causes is driver error. Bus drivers can make mistakes, just like any other drivers. They may be distracted, fatigued, or simply not following the rules of the road. For instance, if a driver was not paying attention to traffic signals or was speeding, this could be grounds for negligence.
Mechanical failure is another contributing factor. Bus companies have a responsibility to maintain their vehicles, and if a mechanical failure occurs due to inadequate maintenance, this could be considered negligence. Defective brakes, worn-out tires, or a failure in any part of the bus that causes an accident could shift responsibility to the bus company.
The bus company itself may also be at fault for the accident. If the company failed to properly train the driver, did not perform routine maintenance on the vehicle, or ignored safety standards, they could be held responsible for the negligence that led to the accident.
Gathering Evidence to Prove Your Case
To successfully prove negligence in a New York bus accident case, it’s essential to gather solid evidence. Key evidence might include eyewitness testimony, accident reports, and medical records. Eyewitnesses who observed the accident can provide important details, while police reports from the scene will often describe the circumstances, road conditions, and actions taken by the driver.
Should I Take The First Settlement Offer? Steps to File a Personal Injury ClaimRelated Videos
In today’s world, surveillance footage can play a significant role in proving negligence. Many public spaces and businesses have cameras that may have captured the moment of the accident, providing vital visual evidence. Footage may show whether the bus driver was speeding or violated traffic laws.
Your medical records will be essential in proving the damages you have suffered from the accident. This includes not only the physical injuries but also any emotional distress or long-term effects. This documentation will strengthen your claim for compensation, showing the full impact of the accident on your life.
If necessary, expert testimony may be used to help explain aspects of the accident, such as how the bus driver’s actions caused the crash or how your injuries will affect your long-term health. Experts can also help explain technical aspects of the case that may not be immediately clear to a judge or jury.
Verdicts & Settlements
Bus Company Liability
Bus accidents in New York may involve private companies, municipal transit services like the MTA, or even school buses. Regardless of the party responsible, all of them have a duty to ensure safety. However, when it comes to government-run agencies, such as the MTA, there are specific rules that apply.
For example, if you’re filing a claim against a government-run bus service, you have to act quickly. In New York, you must file a notice of claim within 90 days of the accident, and you must follow a shorter timeline than in a regular personal injury case. This is critical to ensure your rights are protected and you don’t miss any deadlines.
If you’re dealing with a private bus company, the claim process might be more familiar. The main difference is that the claim against a private company may have a longer time frame to file, but you’ll still need to prove negligence just as you would with a government agency.
What to Do After a Bus Accident in New York
If you’ve been in a bus accident, you must take certain steps to protect your legal rights. First, seek medical attention, even if you don’t feel hurt. Some injuries, such as whiplash, might not show up immediately. Make sure to file a police report and gather the contact information of the bus driver, witnesses, and any other involved parties.
Take photographs of the accident scene, visible damages, and your injuries. Avoid making statements to the bus company or its insurance representatives without consulting with a lawyer first. An attorney can guide you through the process and help ensure you’re not taken advantage of.
Contacting a personal injury lawyer with experience in bus accidents is crucial. A lawyer will help you understand your legal options, ensure your case is properly handled, and fight for the compensation you deserve.
Proving negligence in a New York bus accident case can seem daunting, but with the right understanding of the law and the right evidence, it’s possible to hold the responsible parties accountable. The key is understanding the four elements of negligence, gathering the right evidence, and ensuring that your legal team is experienced and ready to help.
If you or someone you love has been injured in a bus accident, it’s important to take action as soon as possible. Contacting an experienced personal injury lawyer at Andrews, Bernstein & Maranto, PLLC can provide you with the support you need to navigate the complexities of your case and get the justice you deserve.