Bronx Bus Accident Lawyer
Collisions between buses and other vehicles are surprisingly common. With their large size and low maneuverability, buses can be slow to react in cases of emergency. When those collisions are the result of the bus driver’s negligence, injured people have the right to sue for their damages. But other drivers are not the only people eligible to file claims.
Bus drivers also have a duty to protect pedestrians and even their own passengers. Depending on whether the accident occurred with a private bus company or a city bus, the rules for filing a claim change.
Bronx bus accident lawyers can work to identify the correct defendant, chose the correct procedure for filing the claim, and to pursue that claim with diligence and vigor. Contact a distinguished personal injury attorney and know that you are in capable hands.
How is a Defendant Identified in a Bus Accident?
After an accident with a bus, the first thing that people who take note of is whether the bus is a private vehicle or a city-operated bus. If the bus is privately owned, the defendant is simply the driver and their employer. In these situations, the case can proceed just like any other car accident case that is based on a personal injury. It is when the bus is a city vehicle that the situation becomes more complicated.
Normally, the government is protected from being sued by a concept known as sovereign immunity. This is a legal doctrine that protects all government employees and their respective agencies from liability in cases of accidents. However, in many situations, the government consents to be sued in the interest of fairness, and bus accidents are a prime example. The process is not a simple one.
Filing a Personal Injury Claim
Within 90 days of the accident, the injured person must file a Personal Injury Claim Form. This form must contain details about the accident, any damages suffered, and what resolution is desired by the plaintiff. These claims are all then evaluated by the City and many are resolved within one year after the claim is begun. If the claim is not resolved within this time, the case can then be filed in court and handled just like any other personal injury case.
What is the Process of a Bus Accident Case?
In situations where the defendant is a private busing company, there is a time limit of three years from the date of the accident under NY CPLR § 214 to file the claim in court. This is known as the statute of limitations. In cases involving a city bus, the Personal Injury Claim Form must be filed within 90 days of the accident.
Most cases involving a personal injury due to a bus accident are pursued under the legal theory of negligence. This theory states that the bus driver and company had a legal duty to protect the plaintiff. When this duty was violated, and the plaintiff was injured, the defendants became legally liable for any damages. Bus drivers and their companies have a duty to protect all other drivers, pedestrians, and their own passengers.
If a plaintiff and their Bronx bus accident attorney can demonstrate that this duty to protect was broken, for example, by speeding, running a red light, or simple careless driving, any injuries caused by a collision are the defendants’ responsibility.
How a Bronx Bus Accident Attorney Can Help
A Bronx bus accident lawyer can represent the interests of people who have been injured in collisions with all types of buses. Whether you were driving your own car, riding a bicycle, a pedestrian, or even a passenger on the bus, the bus’s operators have a duty to protect all other people on the road.
Your attorney can work to hold those operators responsible for the damage that they cause, whether they are a private company, or the City itself. People injured in these accidents can often suffer severe injuries that take months to recover from, miss significant time at work, and suffer intense emotional distress. Take a step to protect yourself and obtain the fair compensation that you deserve, contact a lawyer today.