Protecting Your Rights If You’ve Been Seriously Injured
Whether you were hit by a bus in a motor vehicle or injured as a passenger, the New York Bus Accident guide was created by personal injury attorney Robert Maranto to help residents protect their claim and obtain maximum compensation.
Download Our Free Bus Accident Guide
Being involved in a bus accident – whether as a passenger, pedestrian, or driver of another vehicle – is one of the scariest vehicle accidents to be involved in. After an accident, you’re likely in shock, scared, and unsure of who to trust. Our personal injury lawyers can help.
Bus operators have a responsibility to protect their passengers, pedestrians and fellow motorists on the road. Whether it be a city bus, charter bus, or party bus, your bus driver’s top priority is keeping you safe and adhering the rules of the road.
Unfortunately, bus accidents are all too common. For those involved in an accident, it can be one of the most terrifying, traumatic, and life-threatening types of motor vehicle accidents.
Have you been involved in a bus accident in New York? If so, you may be entitled to compensation for your injuries.
Our lawyers can help you fight for the compensation you deserve. We have extensive experience in bus accident and personal injury law. And our legal team is well equipped to help you fight insurance companies, bus company legal departments, and your own insurer for the financial help you need to recover.
Call today for a free, 100% no obligation case evaluation with one of our bus accident attorneys.
Common Types of Bus Accidents
New York is home to numerous bus operators. Tour buses, charter buses, party buses, and city buses all operate in the city, and thousands rely on these operators for safe transportation. In general, there are three ways you can be involved in a bus accident:
- As a Passenger – Bus operators must properly maintain their vehicles and ensure the safety of their guests. If a bus operator caused an accident that you were injured in, you may be entitled to compensation. Common causes include: Reckless or impaired driving, unsafe bus/equipment conditions, and operator error.
- As a Driver – Being involved in an accident with a bus is traumatic and potentially life-threatening. Other motorists often suffer significant injuries and property damage after colliding with a bus. Contact a personal injury lawyer right away if you or a loved one has been hurt in a bus accident.
- As a Pedestrian – Pedestrians and cyclists are often involved in bus accidents, and these accidents have life-altering consequences for victims. If a bus operator’s negligence caused your accident, you may be entitled to compensation.
How Our Bus Accident Lawyers Can Help
After a bus accident, you likely don’t know who to trust. You may hear from the bus company’s insurer or legal department. Bus operators are typically protected by multi-million dollar insurance policies and well-heeled legal departments. Both their insurers and lawyers may be aggressive with you, bullying you into accepting an unfair settlement.
Similarly, your own insurer may also be unreceptive to your need for financial compensation. They may delay or outright deny your claims, push you to accepting a low-ball offer, or even ignore you. That’s unacceptable.
After an accident, you are rightfully entitled to compensation. And that’s how a personal injury attorney can help.
When you hire one of our Buffalo bus accident lawyers, you’re protected from this unfair behavior. Your attorney fights against unfair settlement offers, they push insurers to pay claims, and help you seek the maximum compensation for your injuries. After an accident, your primary focus should be on recovery – not fighting with insurers and lawyers.
Compensation for Bus Accident Victims
Victims of bus accidents face many new challenges. Medical bills and lost wages add up, putting financial stress on victims. Physically, a victim may be suffering from physical and emotional pain, stress, and may even face long-term disability. And emotionally, victims may experience grief, psychological distress, and PTSD.
If you’ve been involved in an accident, you are entitled to compensation for all of the physical, emotional, and financial costs associated with your accident. Your lawyer can help you recover compensation for:
- Medical treatment, equipment, rehabilitation costs
- Lost wages and loss of future earnings
- Pain and suffering
- Emotional distress
- Loss of consortium or normal life
- Long-term disability
Beyond these so-called compensatory damages, you may be entitled to punitive damages as well.
Punitive damages are a form of financial punishment that are levied against bus operators who were grossly negligent or acting with malice. This type of compensation is awarded to victims by a jury, after the case goes to trial. Ultimately, a qualified attorney can help you pursue any and all sources of compensation for your injuries.
What to Do After a Bus Accident
After an accident, you’ll likely be in shock – emotionally and physically. You’ll likely be unsure of your next steps. In the immediate aftermath of an accident, here are a few key ways to respond:
- Seek Medical Attention – Your safety matters most. After an accident, seek medical help immediately. If you are unable to call 911, the bus operator or witnesses are responsible for calling paramedics. If you are in harm’s way, move to a safe location near the accident scene.
- Call Police – No matter the severity of an accident, be sure you contact law enforcement. This is the operator’s responsibility if you are a passenger. Police officers may ask you for details about the accident. If you were involved as another driver, DO NOT admit fault. Admitting fault – even if you were inaccurate – can harm your case.
- Document Injuries and Evidence – If you are able to, take photos and video of the accident scene, and any injuries that you have. Note any areas of pain as well. If you were operating a vehicle, take photos of the damage, and collect witness contact information as well.
- Do Not Admit Fault – At the scene, with your insurer and with the bus company’s insurer/legal department, do not admit fault. You may not fully understand traffic laws or who had the right of way. Admitting fault will hurt your case. Prior to chatting with insurers, contact a qualified bus accident lawyer.
- Seek Legal Advice – Our Buffalo bus accident lawyers have deep knowledge of local bus and traffic laws. We can help protect you from aggressive behavior, help you file claims and seek compensation, and ensure that you are fully compensated for your injuries. After an accident, seek legal advice as soon as possible.
Frequently Asked Questions | New York Bus Accident Guide
What Should I Know After Being involved in a Crash?
Bus accident claims in New York State are very different from typical car accident claims. If it’s an accident involving a bus such as the NFTA, the statute of limitation periods are reduced greatly, so things have to be done very quickly. In addition, it’s very important to understand, with respect to bus accident cases, that the no-fault law is very different.
When you’re involved in a motor vehicle accident, you’ll go to the insurance company of the vehicle they’re in for the no-fault benefits. If you are sitting in an NFTA bus, the bus does carry no-fault benefits, but the law requires the individual first to go to the insurance company of any insurance that they may have on a vehicle that they own. In other words, we must first determine whether the individual has their own insurance and then if not, make a claim to the bus company for the no-fault benefits that you would be entitled to.
What Mistakes Should I Avoid After an Accident?
The primary mistake that is made by people who are involved in bus accidents is talking to the bus company after the accident. There is a police force in Western New York that is assigned to the NFTA. It is the actual NFTA Police. Anytime a bus is involved in an accident, the NFTA Police are summoned. Understand that the bus company and the NFTA Police are both employees of the NFTA, so when the NFTA Police come to a bus accident, it is our experience and my opinion personally that when they’re filling out the reports, they do everything that they can to assist the bus company.
In addition to not talking to the bus company personnel who tried to call you, I would be very leery of talking to the NFTA Police that come out to the scene after the accident, and provide them with as little information as is possible in order to make sure that they at least know that you were on the bus and that you were injured. All other information should wait, and should go through your attorney.
How Do I Choose an Attorney for a Bus Accident Claim?
Initially, when you’re talking to an attorney regarding a bus accident claim, you should ask that attorney if they truly understand all of the idiosyncrasies associated with that type of claim. The no-fault law, with respect to bus accident cases, is very different. The other thing that’s extremely important is regarding the ability of a bus company to take statements in your case and many attorneys don’t understand the importance of these statements.
The NFTA would reach out to you immediately. Under our laws, they are entitled to a written statement prior to you commencing a claim. Those statements are typically done in a written format, where someone from the NFTA visits you and writes down responses to questions that they ask you. Those questions are tailored to assist the bus company, and the answers that you are providing to the individual are then written in an attempt to make it most helpful to the bus company. Your attorney needs to understand this. Your attorney needs to know that before anything gets signed, it has to be reviewed by the attorney extremely carefully because that document becomes one of the most important documents going forward.
To sum up, you need someone who’s done this before, who’s been involved in bus accident cases, and who understands how to handle the insurance company. To make sure that, from a no-fault standpoint, you have all of your injuries looked at and we know exactly what’s wrong with you before the case is resolved.
What If the Bus Caused a Car Accident?
In the event that you are seriously injured in a bus accident, the first thing that you should do is contact us. You should absolutely not talk to the insurance company and talk as little as possible to the NFTA Police if they come. Even if the Buffalo Police come, remember that the NFTA Police and the Buffalo Police all know each other as well, so I would refrain from giving too much information.
The most important thing with respect to a bus accident case is number one, being able to get through the statement period unscathed; number two, recognizing that there’s an abbreviated statute of limitations; and number three, making sure that you are in a position to have all of your medical benefits in place so that you can find out what’s wrong with you.
In a case where the NFTA bus driver was potentially at fault for the accident, and you’re getting no-fault benefits through the bus company, you need to remember that they have an incentive to send you out to an independent medical examination quickly. What that means is that the NFTA will hire a doctor of their choice to determine whether or not you need additional treatment. They can get an opinion that you don’t need treatment early on, to say that will help them with respect to the rest of their case because that would transfer over to your case against them on your injuries side. We need to find out what’s wrong with you, and do so fairly quickly, so they don’t find a doctor that will indicate that you need no treatment and then you’ll be precluded from getting it.
How Do I File a Claim for a Bus Accident?
The law used to be that we were required to file a notice of claim with bus companies prior to making a claim against them. Presently, we’re not required to do so. In a bus accident claim, we’re simply required to put the bus company on notice within a reasonable amount of time. More importantly, if you’re going to be making a claim against the bus company, it’s very important from a no-fault standpoint, that the no-fault documentation be submitted to them within 30 days. Again, that time period is that it’s received within 30 days, not mailed to them.
One of the tricky things, with respect to the no-fault side of things, is that we do have to determine whether you have your own insurance or someone who has insurance that might be applicable to your no-fault. The worst case scenario is that you submit a no-fault claim to the bus company and then it’s determined later on that you have available insurance elsewhere. We only have 30 days to get the claim in. If the bus company is not responsible for your no-fault claim because you have other insurance, and you haven’t submitted the claim to your other insurance company timely, you can be in a position where you have no insurance for the injuries that you sustained as a result of the bus accident. It’s very important that this all happens very quickly.
Can I Sue If My Child Got Injured on the School Bus?
If a child is injured on a school bus and the driver of the school bus can be shown to be negligent, then a claim can be made against the bus driver. Sometimes school districts have their own employees working as bus drivers, or sometimes those bus drivers are employees of a bus company. In either situation, the company or the district can be sued if the bus driver is at fault. If the bus driver acts negligently and the bus driver is an employee of the school district, then in the litigation, we would pursue not only the bus driver, but we would also pursue the district as well.
How Do I Determine the Value of My Claim?
When we determine the value of a claim on a bus accident, we look at a number of different factors. The initial factor with the bus claim is whether we can show that the bus company is at fault for the injuries that you sustained. One thing that is very important in that analysis, and different from any other accident claims in New York State, is that the bus company has different requirements that are applicable to them.
In New York State, when we’re at trial, we have a Pattern Jury Instruction, and that Pattern Jury Instruction gives the jury instruction with respect to each type of case. In a negligence case, we need to show that the individual who is responsible for your injuries was at fault by 51%. In a bus accident case, the legislature in New York State has established rules which give heightened responsibilities to individuals on the bus. In other words, a bus driver can act negligently and still not be held responsible legally because the jury instructions give them leeway.
The first thing that we look at is whether or not we’re going to be able to prove that the bus company and the bus driver was negligent with these enhanced jury instructions. We take that into consideration, we make an analysis of what the likelihood of it being victorious at trial are, and then we look at your injuries. The injuries are determined based on what your current injuries are – what you’re feeling, how you’re doing at the time that we’re looking at settling – and then we ask our doctors to provide us with an idea of your future prognosis. Once we take all those things into play, we also look to see if you have any lost wages or components of future medical benefits that are going to be required. All those things come into a determination as to what we believe the value of the case is. If they don’t come to that number, we go to trial.
Should I Take the First Settlement Offer?
I’m asked on a regular basis by potential clients whether they should take an offer from an insurance company or bus company early on. What I tell all of my clients is that early on, we never know exactly what’s wrong with you. There are many times that my clients have had injuries that in the first several months have been bad, but not horrific, but then have degenerated into worse injuries. I’ve had many clients who have, before contacting me, signed releases with insurance companies and/or bus companies who have paid them what I would describe as a pittance, considering their injuries, and then later on were prevented from pursuing the claim further because that release was executed.
Before executing a release, it is absolutely imperative that you know that your injuries have either plateaued or that they are all better. We need to know what the final prognosis is. I ask the doctors to look ahead 10 years from now because the value of your case is not only dependent on the pain and suffering you had up until the date of the settlement, but more importantly, is what you’re going to look like years from now. Are you going to be the same, better, or are you going to have degenerated? If the issue is that you could get worse, you may get worse, or it’s likely that you’re going to get worse, then the compensation has to come from the insurance company or the bus company to compensate you for that as well. I would say please do not sign anything until you’ve talked to us.
How Long Will This Case Last?
One of the first questions that’s often asked of me is how long the case will last. My response to my clients at that point is that the case will take as long as necessary in order to maximize the recovery. When you first walk into our office, we generally don’t know what’s wrong with you. We don’t know how long your injuries are going to bother you and whether there’s going to be any permanency to those injuries.
During the process of you getting treatment, gathering medical records and getting the opinions of the medical doctors, we make a determination as to whether the case should be resolved with an insurance company or whether it should be put in suit. If put in suit, the case takes longer because we’re in a posture where we have to go through a full litigation process. That process can take a year, sometimes longer depending on how much fighting is going on between the insurance company or the bus company and ourselves.
This is all dependent on whether or not the judge has room for a trial; sometimes calendars are extremely bogged down and we have difficulty getting trial dates. From the standpoint of early on and understanding exactly how long a case will last, we don’t know. We do not settle cases quickly just to get rid of them. We tend to take a little bit longer on our cases so we can maximize the recovery.
Understanding New York’s Bus Accident Laws: What You Need to Know
In New York, bus accidents present a unique set of legal challenges that require a comprehensive understanding of the relevant laws and regulations. These accidents can involve various types of buses, including city transit buses, school buses, and private charter buses. When a bus accident occurs, the consequences can be severe, resulting in significant injuries and property damage. It is essential for victims to understand their rights and the legal avenues available for seeking compensation. This comprehensive guide will explore the key aspects of New York’s bus accident laws, focusing on the legal obligations of bus operators, the rights of passengers and other road users, and the steps to take if you are involved in a bus accident.
Legal Obligations of Bus Operators in New York
Bus operators in New York are subject to strict regulations designed to ensure the safety of passengers and other road users. These regulations are enforced by various state and federal agencies, including the New York State Department of Transportation (NYSDOT) and the Federal Motor Carrier Safety Administration (FMCSA). Bus operators must adhere to stringent safety standards, including regular vehicle inspections, maintenance protocols, and driver qualifications.
Drivers of buses are required to possess a commercial driver’s license (CDL) with appropriate endorsements, and they must comply with hours-of-service regulations to prevent fatigue-related accidents. Additionally, bus operators must carry adequate insurance coverage to compensate victims in the event of an accident. Failure to adhere to these regulations can result in significant penalties and liability for the bus company.
Rights of Passengers and Other Road Users
Passengers on buses and other road users involved in bus accidents have specific rights under state law. If you are injured in a bus accident, you have the right to seek compensation for medical expenses, lost wages, pain and suffering, and other damages. The process of obtaining compensation can be complex, as it involves determining liability and navigating the legal system.
Benjamin J.
Andrews
Partner
Robert
Maranto
Partner
Tom
Kotrys
Partner
Anthony
Iacono
Attorney
Robert J.
Maranto, III
Attorney
In many cases, bus accidents are the result of negligence on the part of the bus driver or the bus company. Negligence can include actions such as speeding, distracted driving, failure to adhere to traffic laws, or inadequate vehicle maintenance. If negligence is proven, the injured party may be entitled to compensation from the responsible party.
In some cases, multiple parties may be liable for a bus accident, including the bus driver, the bus company, other motorists, and even governmental entities responsible for road maintenance. Determining liability requires a thorough investigation of the accident, including reviewing police reports, interviewing witnesses, and consulting with accident reconstruction specialists.
Steps to Take if You Are Involved in a Bus Accident
If you are involved in a bus accident, it is important to take certain steps to protect your rights and strengthen your potential legal claim. First, seek immediate medical attention for any injuries, even if they seem minor at the time. Some injuries may not be immediately apparent and can worsen over time. Prompt medical attention also creates a record of your injuries, which can be important evidence in 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.
Next, report the accident to the appropriate authorities, such as the police and the bus company. Obtain a copy of the police report, as it will contain important details about the accident, including the names and contact information of the parties involved and any witnesses. If possible, take photographs of the accident scene, the vehicles involved, and any visible injuries.
It is also important to gather contact information from other passengers, witnesses, and the bus driver. These individuals may provide valuable testimony to support your claim. Avoid making statements about the accident or discussing fault with anyone other than your attorney, as these statements could be used against you in a legal proceeding.
Filing a Claim for Compensation
Filing a claim for compensation after a bus accident involves several steps. First, it is important to consult with an experienced personal injury attorney who can guide you through the process and protect your rights. Your attorney will conduct a thorough investigation of the accident, gather evidence, and determine the liable parties.
In New York, bus accident claims are subject to specific statutes of limitations, which are time limits for filing a lawsuit — generally, you have three years from the date of the accident. However, if the bus involved in the accident is operated by a governmental entity, such as a city transit bus, the time limits and procedures for filing a claim may be different. In such cases, you may be required to file a notice of claim within 90 days of the accident and commence a lawsuit within one year and 90 days.
Your attorney will prepare and file the necessary legal documents, negotiate with insurance companies, and represent you in court if a settlement cannot be reached. The goal is to obtain fair compensation for your injuries and losses. Compensation may include medical expenses, lost wages, pain and suffering, and other damages.
Related Videos
Should I Take The First Settlement Offer?
Steps to File a Personal Injury Claim
Common Causes of Bus Accidents
Bus accidents can occur for various reasons, often involving a combination of factors. Some common causes of bus accidents is driver negligence, such as distracted driving, speeding, and driving under the influence of alcohol or drugs. Poor weather conditions, such as rain, snow, and fog, can also contribute to bus accidents by reducing visibility and making roads slippery.
Mechanical failures, such as brake or tire issues, can result from inadequate maintenance and inspections. Additionally, road conditions, including potholes, construction zones, and poorly designed intersections, can play a significant role in bus accidents. It is important to investigate all potential causes of a bus accident to determine liability and pursue appropriate legal action.
Verdicts & Settlements
The Role of Governmental Entities in Bus Accident Claims
When a bus operated by a governmental entity, such as a city transit bus, is involved in an accident, the process of seeking compensation can be more complex. Governmental entities are protected by sovereign immunity, which limits their liability in certain situations. However, exceptions to sovereign immunity exist, allowing injured parties to file claims against the government under specific circumstances.
In New York if you are injured in an accident involving a city bus, you may need to file a notice of claim with the appropriate governmental agency within 90 days of the accident. This notice provides the agency with details about the accident and your injuries, giving them an opportunity to investigate the claim. Failing to file a notice of claim within the required time frame can result in the loss of your right to seek compensation.
After filing a notice of claim, you may be required to attend a hearing or examination under oath, where you will provide testimony about the accident and your injuries. Your attorney can represent you during this process and ensure that your rights are protected. If a settlement cannot be reached, you may file a lawsuit against the governmental entity within one year and 90 days of the accident.
The Importance of Legal Representation
Navigating the legal complexities of a bus accident claim can be challenging, especially when dealing with severe injuries and significant financial losses. Having experienced legal representation is crucial to protecting your rights and maximizing your chances of obtaining fair compensation. An attorney with experience in personal injury law can guide you through the process, handle negotiations with insurance companies, and represent you in court if necessary.
Your attorney will work diligently to gather evidence, including medical records, accident reports, and witness statements, to build a strong case on your behalf. They will also consult with specialists, such as accident reconstruction specialists and medical professionals, to support your claim. By having a knowledgeable attorney on your side, you can focus on your recovery while they handle the legal aspects of your case.
Seeking Compensation for Injuries and Damages
The goal of a bus accident claim is to obtain compensation for the injuries and damages you have suffered as a result of the accident. This compensation is intended to cover various aspects of your losses, including medical expenses, lost wages, pain and suffering, and property damage.
Medical expenses can include costs for emergency room visits, surgeries, hospital stays, rehabilitation, and ongoing medical care. If your injuries prevent you from working, you may be entitled to compensation for lost wages, including future earning capacity if you are unable to return to work. Pain and suffering compensation addresses the physical and emotional impact of the accident on your life, including chronic pain, emotional distress, and loss of enjoyment of life.
In some cases, punitive damages may be awarded if the bus company’s conduct was particularly egregious or reckless. Punitive damages are intended to punish the wrongdoer and deter similar behavior in the future.
How Buffalo’s Bus Accident Victims Can Access Medical Care and Rehabilitation
Bus accidents can have catastrophic consequences, causing severe injuries and leaving victims with physical, emotional, and financial hardships. In Buffalo, New York, individuals who have experienced the trauma of a bus accident have legal rights and avenues to pursue medical care and rehabilitation. This informative article is dedicated to offering valuable insights and guidance to those who have recently been injured in a bus accident in Buffalo. By gaining a comprehensive understanding of the resources available, seeking the help of a skilled legal professional, and successfully navigating the intricacies of the legal system, bus accident victims can access the essential medical care and rehabilitation services necessary for their recovery and well-being.
The aftermath of a bus accident can be overwhelming, and it is crucial for victims to be aware of their rights and options in order to receive the support they need. This article aims to shed light on the various aspects
that bus accident victims should consider in order to effectively access medical care and rehabilitation services in Buffalo. By being well-informed, proactive, and supported by legal professionals experienced in personal injury cases, victims can ensure that their rights are protected and that they receive the necessary assistance to facilitate their recovery process. This comprehensive guide will delve into the statistical data surrounding bus accidents in Buffalo, shed light on the common injuries sustained in such accidents, and emphasize the significance of immediate medical attention and long-term rehabilitation. Furthermore, it will provide valuable information on the legal considerations that bus accident victims need to be aware of in New York, such as the statute of limitations and comparative negligence laws. Understanding these legal intricacies is essential for navigating the legal system and maximizing the compensation that victims deserve.
Additionally, this article will highlight the critical role of legal representation in bus accident cases. Skilled personal injury attorneys are well-versed in advocating for their client’s rights, gathering compelling evidence, negotiating with insurance companies, and maximizing compensation. With their expertise and guidance, bus accident victims can navigate the legal complexities and build strong case to seek the justice they deserve.
Furthermore, the article will explore the available resources for medical care and rehabilitation in Buffalo, including health insurance coverage, Medicaid and Medicare benefits, workers’ compensation, personal injury protection (PIP) coverage, and no-fault insurance coverage. Understanding and utilizing these resources can help ease the financial burdens associated with medical expenses and facilitate access to the necessary care and rehabilitation services. By concluding this article, readers will be encouraged to take the first step toward seeking legal representation. Consulting with a reputable personal injury attorney like Andrews, Bernstein & Maranto, PLLC who specializes in bus accident cases will ensure that victims have the necessary guidance and support throughout the legal process. These skilled attorneys operate on a contingency fee basis, meaning that they only collect fees if they successfully secure compensation for their clients. This arrangement provides peace of mind to bus accident victims, allowing them to focus on their recovery without the additional stress of legal expenses.
The Impact of Bus Accidents in Buffalo
- Statistics on Bus Accidents in Buffalo
- Common Injuries Sustained in Bus Accidents
The Importance of Medical Care and Rehabilitation
- Immediate Medical Attention
- Long-Term Rehabilitation and Therapy
- Mental Health Support
Legal Considerations for Bus Accident Victims in Buffalo
- Statute of Limitations in New York
- Comparative Negligence Laws
- The Role of Insurance Companies
The Benefits of Seeking Legal Representation
- Understanding Legal Rights and Options
- Gathering Evidence and Building a Strong Case
- Negotiating with Insurance Companies
- Maximizing Compensation
Available Resources for Medical Care and Rehabilitation
- Health Insurance Coverage
- Medicaid and Medicare Benefits
- Workers’ Compensation
- Personal Injury Protection (PIP) Coverage
- No-Fault Insurance Coverage
Navigating the Legal Process with a Skilled Attorney
- Initial Consultation with an Attorney
- Legal Guidance and Support
- Working on a Contingency Fee Basis
Compensation for Bus Accident Victims
Victims of bus accidents face many new challenges. Medical bills and lost wages add up, putting financial stress on victims. Physically, a victim may be suffering from physical and emotional pain, stress, and may even face long-term disability. And emotionally, victims may experience grief, psychological distress, and PTSD.
If you’ve been involved in an accident, you are entitled to compensation for all of the physical, emotional, and financial costs associated with your accident. Your lawyer can help you recover compensation for:
- Medical treatment, equipment, rehabilitation costs
- Lost wages and loss of future earnings
- Pain and suffering
- Emotional distress
- Loss of consortium or normal life
- Long-term disability
Beyond these so-called compensatory damages, you may be entitled to punitive damages as well.
Punitive damages are a form of financial punishment that are levied against bus operators who were grossly negligent or acting with malice. This type of compensation is awarded to victims by a jury, after the case goes to trial. Ultimately, a qualified attorney can help you pursue any and all sources of compensation for your injuries.
How to Determine Fault in a Buffalo Bus Accident
Seek Medical Attention
The first step after a bus accident is to seek medical attention. Even if you feel fine, it’s important to get checked out by a medical professional to ensure there are no underlying injuries. Medical records can also be used as evidence in a legal case.
Gather Evidence
After seeking medical attention, gather as much evidence as possible. This includes taking photos of the accident scene, any injuries, and the bus involved. Write down the bus number, route, and any other information that can help identify the bus and the driver. If there were any witnesses, get their contact information and statements.
Contact the Police
Contact the police and report the accident. The police report will include important information about the accident, such as the date and time, location, and details about the vehicles and drivers involved. The report will also include the officer’s opinion on who is at fault.
Consult with an Attorney
If you were injured in the accident, it’s important to consult with an attorney. An experienced personal injury attorney can help you navigate the legal process and ensure you receive fair compensation for your injuries and damages. They can also help determine who is at fault for the accident and gather evidence to support your case.
Consider Fault Factors
When determining fault in a bus accident, several factors are considered. These include:
- Negligence: Did the bus driver act negligently, such as by speeding or driving under the influence of drugs or alcohol?
- Bus Maintenance: Was the bus properly maintained and in good working condition?
- Road Conditions: Were the road conditions hazardous, such as due to poor weather or road construction?
- Other Drivers: Was another driver at fault, such as by running a red light or failing to yield to the bus?
Determining fault in a bus accident can be a complex process. However, by taking the steps outlined above, you can gather the evidence needed to support your case. Remember to seek medical attention, gather evidence, contact the police, consult with an attorney, and consider fault factors. With these steps, you can ensure that your rights are protected and that you receive fair compensation for your injuries and damages.
Analyze Traffic Laws
When analyzing fault in a bus accident, traffic laws must also be considered. Both the bus driver and other drivers involved in the accident must obey traffic laws. For instance, if a driver runs a red light and crashes into a bus, they will likely be at fault for the accident.
Review Bus Company Policies
The bus company’s policies and procedures should also be reviewed to determine if they were followed correctly. For example, if the bus driver was supposed to take a specific route but deviated from it, they could be at fault for the accident. If the bus company failed to properly train the driver or maintain the bus, they could also be held liable for the accident.
Insurance Coverage
Insurance coverage is also an important factor when determining fault in a bus accident. In New York, all buses are required to have no-fault insurance coverage, which provides benefits to injured passengers regardless of who is at fault for the accident. However, if the accident was caused by another driver, their insurance company may be responsible for covering damages.
Determining fault in a bus accident requires a thorough investigation of the accident scene, police reports, medical records, and other evidence. Working with an experienced personal injury attorney can help you navigate the legal process and ensure your rights are protected. By considering fault factors, analyzing traffic laws, reviewing bus company policies, and examining insurance coverage, you can determine who is at fault and receive fair compensation for your injuries and damages.
A Look at Buffalo’s Bus Accident Statistics: Trends and Insights
To understand the scope of bus accidents in Buffalo, we turn to the available statistics. The New York State Department of Motor Vehicles (NYSDMV) maintains a comprehensive database of traffic accidents, which includes incidents involving buses. According to the latest data, Buffalo saw a total of 245 bus accidents in the past year. While this number may seem high at first glance, it is essential to consider the context of Buffalo’s population and the sheer volume of bus trips taking place daily.
Trends and Patterns
When analyzing the data further, several trends and patterns emerge. One notable trend is the distribution of accidents across different types of buses. The statistics reveal that the majority of bus accidents involve city buses, with school buses and intercity buses accounting for a smaller portion of the total. This finding emphasizes the importance of focusing on improving safety measures within the city bus fleet.
Another aspect to consider is the time of day when bus accidents occur. The data indicates that the highest number of accidents takes place during rush hours, particularly in the morning and late afternoon. This observation aligns with the increased congestion on roads during these periods, which can lead to a higher likelihood of accidents. Addressing traffic management and congestion concerns during peak hours could potentially help reduce bus accidents in Buffalo.
Enhancing Safety Measures
To address the challenges posed by bus accidents, Buffalo has been proactive in implementing safety measures. The city has enhanced driver training programs, emphasizing defensive driving techniques and promoting adherence to traffic rules. Additionally, the adoption of technology such as onboard cameras and collision avoidance systems has proven beneficial in identifying risky behavior and providing valuable evidence in accident investigations.
Buffalo has been investing in infrastructure improvements, such as dedicated bus lanes and better signaling systems, to create safer environments for bus travel. These initiatives aim to reduce congestion, enhance bus operations, and minimize the risk of accidents.
Public Awareness and Education
In addition to these measures, raising public awareness about bus safety is crucial. Educational campaigns targeted at both drivers and passengers can help instill a culture of safety within the community. Passengers should be encouraged to follow safety protocols, such as wearing seat belts where available, and be aware of their surroundings while boarding or alighting from buses.
Buffalo’s bus accident statistics provide valuable insights into the trends and factors contributing to these incidents. By understanding the patterns and causes, the city can implement targeted measures to enhance bus safety. Through ongoing driver training programs, infrastructure improvements, and public awareness campaigns, Buffalo aims to create a safer environment for all those who rely on buses for their daily transportation needs. With these concerted efforts, the city is moving toward reducing bus accidents and ensuring a more secure public transportation system.
Winning a Bus Accident Case
Our firm has had experience in a jury trial in the New York State Supreme Court against the NFTA. In this case my client was a passenger aboard a metro bus. While she was standing on the metro bus, the bus driver was confronted with what was alleged to have been an emergency situation, actually two emergency situations. A postal truck had stopped in front of the bus and was in a driving lane and in or around the same time or about the same time my client was showing a bus pass that caused the bus driver to look away, glance away for a very short period of time. As a result of slamming on the brakes, which we alleged, my client was injured.
Successful Case Against the NFTA
The NFTA in that case had alleged that their insured was not at fault for the accident. We alleged, obviously, that the bus driver should have taken appropriate action to know what was going on in front of her at the time. The NFTA had offered us $20,000 in settlement on that case, which we rejected and we went to trial. After trial, the jury found that the NFTA and the bus driver were 100% at fault for the accident and gave absolutely no responsibility to my client whatsoever. As a result of that, instead of $20,000 my client was to receive and has received $150,000.
First Settlement Offer
Oftentimes people ask me if they should accept the first offer that is made by an insurance carrier. My answer to that question invariably is absolutely not. In order to maximize recovery, the first thing I tell my clients is that we have to have patience; patience on behalf of the lawyer and patience on behalf of the client. We only get one shot at this and if we’re jumping at an opportunity to settle the case early on because we’re interested in a timing requirement as opposed to maximizing the recovery then the individual will end up walking away with less than they deserve.
Fighting for Compensation
In order to win – and when I say when I mean providing my client with a number that is either at or above where we believe the case is worth – it’s necessary for us to take those initial offers, counter those offers with a demand that is significant enough that it offers us the ability to bring that insurance company to a number that is appropriate for the case. It’s only after those negotiations – sometimes intense negotiations – that we’re able to get to a number that is proper for the injuries sustained in that case.
3 Bus Accident Tips That May Help Your Case
1) Case Value
When we determine the value of a claim on a bus accident, we look at a number of different factors. The initial factor with the bus claim is whether we can show that the bus company is at fault for the injuries that you sustained. One thing that is very important in that analysis, and different from any other accident claims in New York State, is that the bus company has different requirements that are applicable to them.
In New York State, when we’re at trial, we have a Pattern Jury Instruction, and that Pattern Jury Instruction gives the jury instruction with respect to each type of case. In a negligence case, we need to show that the individual who is responsible for your injuries was at fault by 51%. In a bus accident case, the legislature in New York State has established rules which give heightened responsibilities to individuals on the bus. In other words, a bus driver can act negligently and still not be held responsible legally because the jury instructions give them leeway.
The first thing that we look at is whether or not we’re going to be able to prove that the bus company and the bus driver was negligent with these enhanced jury instructions. We take that into consideration, we make an analysis of what the likelihood of it being victorious at trial are, and then we look at your injuries. The injuries are determined based on what your current injuries are – what you’re feeling, how you’re doing at the time that we’re looking at settling – and then we ask our doctors to provide us with an idea of your future prognosis. Once we take all those things into play, we also look to see if you have any lost wages or components of future medical benefits that are going to be required. All those things come into a determination as to what we believe the value of the case is. If they don’t come to that number, we go to trial.
2) Settlement Timeline
One of the first questions that’s often asked of me is how long the case will last. My response to my clients at that point is that the case will take as long as necessary in order to maximize the recovery. When you first walk into our office, we generally don’t know what’s wrong with you. We don’t know how long your injuries are going to bother you and whether there’s going to be any permanency to those injuries.
During the process of you getting treatment, gathering medical records and getting the opinions of the medical doctors, we make a determination as to whether the case should resolved with an insurance company or whether it should be put in suit. If put in suit, the case takes longer because we’re in a posture where we have to go through a full litigation process. That process can take a year, sometimes longer depending on how much fighting is going on between the insurance company or the bus company and ourselves.
This is all dependent on whether or not the judge has room for a trial; sometimes calendars are extremely bogged down and we have difficulty getting trial dates. From the standpoint of early on and understanding exactly how long a case will last, we don’t know. We do not settle cases quickly just to get rid of them. We tend to take a little bit longer on our cases so we can maximize the recovery.
3) Recoverable Damages as a Passenger
- People who have been injured in a bus accident often ask what kind of damages they can recover.
- One of the first things we attempt to recover is all available no-fault benefits. We ensure that medical care is paid for and lost wages are addressed, as are other expenses – such as mileage – that result directly from the accident.
- Additional damages or recovery are based upon the nature and extent of the person’s injuries.
- Our investigation ascertains exactly what happened and who was at fault – and we proceed from there.
Bus Caused an Accident
If you were seriously injured because a bus caused an accident, watch this video and call our law firm for a free consultation.
Bus Accident Settlement Timeline
Were you seriously injured in a wreck? Watch this video on bus accident settlement timeline to learn how long cases take.
Mistakes to Avoid After a Bus Accident
Were you seriously injured in a bus crash? Watch this video to learn the mistakes to avoid after a bus accident, then call our attorneys for a free review.
School Bus Injury Claims
If your child was injured on a school bus, watch this video about school bus injury claims and then call for a free consultation.
Get A Free Case Review Today
If you’ve been involved in an accident, we want to help. Our Buffalo bus accident lawyers can help you protect your rights, file and seek compensation, and defend you against aggressive behavior and unfair offers.
Call now for a free, 100% no obligation case evaluation. We’ll provide advice, and you are under no requirement to hire our legal team.
