Long Island Bus Accident Lawyer
Bus crashes can leave victims facing severe injuries, mounting medical bills, and uncertainty about what to do next. If you or someone in your family was hurt in a collision involving a commercial bus, school bus, or public transit vehicle, speaking with a lawyer can help you understand your rights and legal options. Bus accident cases often involve multiple parties, complicated insurance issues, and strict legal deadlines, which is why injured victims frequently benefit from working with an experienced attorney who understands how these claims work.
Despite all the federal regulations on carriers and highway safety campaigns, injuries from buses and large trucks are on the rise in America. At Goldstein & Bashner, our legal team has handled many complex personal injury matters across Long Island and the surrounding New York communities. We understand how disruptive a serious crash can be for victims and their families. We could investigate the accident, identify responsible parties, and help pursue financial compensation for medical expenses, lost wages, and other losses associated with a serious bus accident injury.
Victims of bus accidents (or their families in fatal cases) have the right to seek compensation for damages either via an insurance claim or lawsuit. The guidelines, time limits, and elements vary case-by-case, depending on the type of carrier, whether other parties were involved, and which legal avenue the victim pursues. For help pursuing a settlement for your losses, call our firm to set up a consultation with a Long Island bus accident lawyer. An experienced personal injury attorney can assist in advocating on your behalf and ensuring you recover damages for your injuries.
Common Causes of Bus Accidents
Like other types of roadway accidents, bus accidents occur for various reasons, from intoxication to distraction. A few common causes include:
- Rear-end accidents
- Poor judgment
- Speeding
- Cell phone use
- Passenger distraction
- Disobeying rules of the road
The primary factor that makes bus accidents different is that bus drivers are held to a higher standard than other drivers. If a bus driver causes an accident because she is texting while driving, the negligence will be more harshly scrutinized because the carrier has a high duty of care to passengers. Both the driver and the company will probably be penalized, and the carrier will be liable for any damages the passengers or other road users sustain.
Other contributing factors can also increase the likelihood of serious bus accidents on the road. Commercial buses travel long distances and carry numerous passengers, which means a single moment of driver inattention or mechanical failure can lead to a catastrophic event. A bus collision lawyer may investigate additional factors such as inadequate driver training, violations of federal safety regulations, poor vehicle maintenance, or scheduling practices that push drivers to operate vehicles in Long Island while fatigued.
Public transit buses, charter buses, and school buses operate in busy urban environments where pedestrian traffic and heavy congestion are common. In places such as Nassau County, Suffolk County, and Queens, buses frequently travel through dense intersections and residential neighborhoods. If safety protocols are ignored or vehicles are not properly maintained, the risk of a collision increases significantly.
Who is Liable in a Bus Accident Case?
Liability depends on the circumstances of the accident. Liability can fall on any and all parties that were negligent. In many bus accidents, there are actually multiple parties involved, which makes it especially challenging to identify and assign liability. Your Long Island bus accident attorney can review the facts of your accident, identify fault, and help you take action against the appropriate party (defendant).
Some of the defendants that may be held responsible for damages after a bus accident include:
- Bus company: If the driver or company acted in a negligent manner (e.g., drove while distracted, hired unqualified drivers, traveled too fast for conditions), then the carrier will likely be the liable party. Because of New York’s vicarious liability rules, the company will automatically shoulder the blame for the driver’s conduct.
- Another driver: If another driver’s negligence caused the crash, then you can usually pursue damages from him or her either via a claim or lawsuit.
- Bus part manufacturer: If the bus had faulty tires, brakes, or other parts that contributed to the wreck, the bus or parts manufacturer may be named as a defendant.
- Another bus passenger: Passengers might be liable when they purposely cause injury, such as in an act of violence. You can file a civil suit against an individual party.
- The city government: While they are more challenging types of cases, if a government entity owned the bus (e.g., a school bus, Nassau Inter-County Express (NICE), or Suffolk County Transit), then the potentially liable party is the agency in charge. Rules differ for cases against the city, so make sure to run your case by an attorney familiar with bus accidents if this applies to you.
In many bus accident cases, liability may extend beyond a single driver. For example, a bus company might be responsible for failing to conduct proper background checks or for ignoring prior safety complaints about a driver. Maintenance contractors might also be liable if faulty inspections or repair work contributed to mechanical failure. A skilled lawyer could analyze all aspects of the incident to determine whether multiple defendants should be held accountable.
What is the Process for Filing a Bus Accident Claim?
If a local government agency operates the bus, it can be more difficult to sue, but it can be done. You must follow specific steps and meet certain requirements, outlined in Article 4 of the New York General Municipal Law, to sue a government entity.
First, you or your Long Island bus accident attorney must file a notice of claim with the appropriate entity. Goldstein & Bashner will help you do this to ensure you follow the correct procedures. You generally have 90 days to file this notice.
Next, the agency has 30 days to request a hearing. This hearing allows the entity to investigate your claim and its merits. Meanwhile, you will have a year and 90 days to file your lawsuit after the accident that caused your injury (two years if pursuing a wrongful death claim).
There are a lot of protocols and steps that are unique to cases involving public buses. It is easy to accidentally thwart your entire case. So, before taking any kind of action, get legal help.
Because of these strict filing deadlines and procedural rules, it is often helpful to contact us as soon as possible after the crash. Early legal involvement allows an attorney to gather evidence, preserve accident scene documentation, and communicate with insurance companies on your behalf. Waiting too long may result in lost evidence or missed filing deadlines that could affect your ability to recover compensation.
How Do You Prove Negligence?
Just like with other types of injury cases, you and your bus accident lawyer in Long Island need to have sufficient evidence to prove certain elements to win your bus accident claim, whether suing the government or a private entity. Specifically, you need to be able to establish the following:
- Duty: The defendant owed you a duty of care.
- Breach: The defendant breached their duties by acting negligently or carelessly.
- Causation: The defendant’s negligence caused your injuries.
- Damages: You sustained injuries and damages that are compensable in a personal injury case.
Proving your case is sometimes easier said than done. Obviously, you need to collect enough evidence to demonstrate the other party’s negligence. The police report, witness testimonies, photos, and videos of the accident, and expert testimonies can help. Your lawyer can also gather additional evidence, such as the bus’s maintenance records, the driver’s employee file, and toxicology reports, to see if there are any signs of negligence.
You also have to support your request for damages. Save all of your injury-related bills and receipts as proof of your losses, and gather your last pay stubs. You can recover not only your medical bills, but also lost wages, long-term disability, miscellaneous expenses like transportation and medical devices, and pain and suffering. All of these things will be instrumental as your attorney organizes your case and tallies your damages.
In addition to medical expenses and lost wages, victims of serious bus crashes often experience long-term consequences that affect their quality of life. These can include chronic pain, reduced mobility, emotional trauma, or permanent disability. A bus accident lawyer could work with medical experts and economic professionals to assess the full impact of an injury and calculate appropriate compensation for future care and rehabilitation needs.
Contact a Long Island Bus Accident Attorney for Help Today
Bus accident claims might be challenging, but our lawyers at Goldstein & Bashner are not intimidated. We have the experience, skills, and resources to handle any type of bus accident case. We will negotiate and litigate; we can work directly with the insurance company to obtain a fair settlement, or fight your case in court, if need be.
A Long Island Bus Accident Lawyer can guide injured individuals through every stage of the legal process. From investigating the crash and negotiating with insurers to presenting evidence in court if necessary, experienced legal representation can make a meaningful difference in the outcome of a personal injury claim. If you were injured in a bus accident, seeking legal guidance early can help you exercise your rights to seek full recovery for your economic and emotional losses. Let our team help you pursue the bus accident compensation that you and your family deserve. Call today.
By: Courtney T.
Title: Incredible Lawyers
Sympathetic and easy to work with on my case. Neal is a class act.