Huntington Bus Accident Lawyer
The sheer size of a bus and the number of passengers it carries can make an accident catastrophic. If you are the passenger of a bus, a pedestrian, or a driver or passenger in a different motor vehicle, and you have suffered injuries in a crash, a dedicated personal injury attorney could help you file a claim against a negligent party.
You could incur significant expenses after a serious crash. A Huntington bus accident lawyer could help you recover damages to safeguard your finances.
Negligence Laws in New York
Bus accidents are most often caused by the negligence of the bus driver or by a careless motorist in another vehicle. An injured plaintiff will most likely turn to the New York no-fault automobile insurance all residents must carry first. No matter who caused the accident, drivers in the state rely on their insurance to pay medical bills directly.
Drivers who suffer pain and suffering lost future wages, and loss of the enjoyment of life, could sue the party who behaved recklessly and caused the accident for compensation beyond their no-fault insurance as well. The plaintiff would have to show that the defendant owed a duty of care to them and other drivers, that duty was breached, and it caused the accident that directly harmed the victim.
For example, a bus driver who swerves to avoid hitting a child that has run into the street, will likely not be found negligent if a passenger is hurt. However, a bus driver who is speeding and texting, causing a passenger’s injury, will probably be found negligent. A Huntington personal injury attorney could help determine if a bus accident was caused by another’s negligent conduct.
Bus Accidents Involving Municipalities
Huntington has regulations in place if a person wants to sue the township or one of its employees. There is a public transit system, and the school system is also a government body, so there are some specific regulations an individual must follow to bring a claim.
Per the state’s general municipal law, a Notice of Claim form must be filed before any mediation or lawsuit can proceed. The Notice of Claim form is available on the town’s website and can be downloaded, filled in, and mailed back to the town clerk. To file a claim, an injured party must provide:
- Photographs of the accident site or defect if claiming a defective bus
- Police incident or accident report
- Date and time of the accident
- Repair estimates (property damage only)
- Proof of payment or invoices for repairs (property damage only)
The Notice of Claim form follows strict filing deadlines. A Huntington attorney specializing in municipal bus accidents could answer any further questions about the process of recovering damages from a government entity.
What are the Causes of a Bus Accident?
Bus accidents could also occur on interstate carriers such as Greyhound and Trailways, on sightseeing transport, church buses, and private touring vehicles. The plaintiff will still have to prove negligence on the part of the defendant, although multiple defendants may be responsible for an accident. Causes of a bus accident include:
- A bus driver may be distracted or under the influence of drugs or alcohol.
- The bus owner may not have maintained the bus fleet as per state safety standards.
- A driver must have a special license to operate buses, and both the driver and owner may be negligent if the driver is not certified to drive a bus.
- A bus manufacturer might be negligent if defective bus parts caused the accident.
- A New York bus crash lawyer can help determine who should be defendants in any one case.
What Happens When the Victim’s Negligence Contributes to the Accident?
New York law follows the doctrine of pure comparative negligence, meaning an injured victim could still sue a reckless party, even if they contributed fault to the accident. Only a few states allow a plaintiff to recover damages if they are more than 50 percent at fault, and New York is one of them.
In all comparative negligence monetary awards, the plaintiff’s compensation is reduced by the percentage of fault attributed to the victim. For example, if a bus accident victim is awarded $50,000 but was ten percent at fault, the award will be reduced to $45,000. A Huntington attorney knowledgeable about bus accident settlements and damage awards could help calculate compensation and prove you were not at fault in the crash
A Huntington Bus Accident Attorney Can Help You Seek Compensation
If the negligence of another motorist caused your injury, a Huntington bus accident lawyer could help you seek justice. Call to schedule a consultation today.