Rosenberg & Rodriguez, PLLC

New York Bus Accident Lawyers

As the costs of owning a car in New York City and its metro areas have skyrocketed, people have increasingly turned to public transportation. Millions of people in New York and Long Island use mass transportation on a daily basis, but what happens when these people are injured by a bus? Buses carry large numbers of peoples at any given time. When there is an accident, passengers in the bus and other vehicles will likely suffer serious injuries, and even death. To make matters worse, if the company owning the bus is a government entity, there are special rules for filing a claim. There are strict notice requirements for a claim against a government entity, which means you must notify the government of your claim within a certain amount of time. Also, the losses you can claim may be limited.

Local governments and bus companies will vigorously defend their bus drivers in the event of an accident. If you were struck or injured in a bus accident, it is important that you hire an experienced attorney to handle your claim. The bus accident lawyers at Rosenberg & Rodriguez, PLLC have years of experience working with bus accidents. We know how to navigate the specific requirements of the bus companies and local municipalities. Our lawyers will exhaust every possible source of compensation for your claim. Call us or fill out an online contact form for your free, no obligation consultation today.

Common Causes of Bus Accidents

Driver fatigue – As one of the leading causes of bus accidents, fatigue decreases a driver’s ability to stay awake, alert, and attentive to the demands of safely driving a bus. The NTSB’s Top 10 Most Wanted List puts driver fatigue as a prevalent cause of transportation accidents, and includes recommendations for combating this issue. Bus companies can combat the dangerous effects of driver fatigue for their employees and passengers by implementing the following strategies:

  • Install technology in buses to track the number of hours a driver is behind the wheel. This technology will ensure compliance with hours-of-service restrictions.
  • Develop fatigue risk management plans aimed at preventing driver fatigue. These plans must be incorporated into driver training programs and standard business operations.
  • Develop employee schedules so that drivers receive enough time off to get an adequate amount of sleep between shifts. This should incorporate 7-9 hours of sleep a night for a typical adult.
  • Encourage drivers to properly manage their off-duty hours and sleep schedules. Provide drivers with the training and resources to manage their schedules in their off-hours, and promote access to medical care for sleep-related conditions.

Distracted or impaired driving – Bus drivers, like other drivers on the road, are susceptible to distraction. However, bus drivers carry the heavy burden of keeping their passengers safe. Distractions may come from inside or outside of the bus. Some distractions include texting or eating while driving, talking to passengers, looking away from the road, or any other activity which draws your attention away from the task of driving. Impaired driving means that a bus driver’s ability to safely operate the vehicle is somehow impaired. An impairment may be the result of a medical condition, or drug and alcohol use. Bus drivers can seriously injure not only their passengers, but other drivers and pedestrians, when they drive while impaired.

Faulty equipment – Buses, more so than other vehicles, require routine maintenance due to their near-constant use and high mileage. When bus companies do not properly maintain their vehicles, defects in engines, brakes, safety systems, and other parts can result in catastrophic accidents. If you were hit by a bus, it is important that a prompt investigation takes place so that evidence of faulty equipment or poor maintenance can be preserved for your case.

Road rage & reckless driving – Like other drivers, bus drivers are susceptible to the frustrations involved with driving. However, passengers put their trust in bus drivers to remain calm and collected in the hectic streets where buses operate. When a bus driver acts out of rage or drives recklessly, he or she is putting the lives of their passengers and everyone else at risk. After a bus accident, there are often witnesses or video footage of a bus driver’s road rage or reckless driving. It is important to move quickly after an accident to retrieve this evidence, because the bus companies and their lawyers will move quickly to protect their drivers and shift the blame.

Bus Accident FAQs:

What safety features can be found on New York’s mass transit systems?

Bus companies and their vehicles must adhere to the safety regulations set forth by the New York Department of Transportation for all motor vehicles operating in the state, including commercial or public transit vehicles. This does not mean that buses feature state of the art safety systems. In fact, most buses in New York and New York City do not feature seatbelts or any form of restraint systems. Public transit vehicles often lack the safety features which are required in many other modes of transportation. Without these features, bus passengers can sustain severe injuries if they are thrown from the bus in an accident.

What are my chances of getting injured by a New York City bus?

Between 2015 and 2018, MTA buses were involved in nearly 22,000 accidents, with an average of 23 accidents per day. As more and more New Yorkers turn to mass transit due to the rising costs of owning a car, these numbers will continue to grow. Every time you board an MTA bus, you’re depending on the safety of that vehicle and the driver’s ability to keep you safe. With these statistics, it is important that New Yorkers who are using MTA buses understand their rights to compensation after an accident, and hire an experienced attorney to handle their claim.

Who is responsible for a bus accident?

When you’re involved in an accident or struck by a bus, there may be more than one responsible party, depending on the situation. While there is no universal answer to who is responsible, potential parties include bus drivers, bus companies, bus manufacturers, or the local municipality. It is critical for the development of your case that the parties involved in a bus accident be identified. With so many potential parties, you need an experienced bus accident lawyer to get you the compensation you deserve.

What compensation is available after a bus accident?

  • After a bus accident, your focus should be on recovery, not paying bills. However, the financial fallout from a bus accident is often severe, so you need the compensation that you deserve. The following compensation may be available to you after a bus accident:
    • Medical bills and prescription drug costs;
    • Lost wages, and values for future earnings or lost earning capacity;
    • Damages for your pain and suffering;
    • Damages for emotional distress such as fear or depression stemming from the accident.
  • The insurance companies will try to shift the blame for your accident so that they don’t have to pay you. An experienced bus accident lawyer will fight the insurance companies to get you the maximum compensation for your injuries.

What is the legal process for filing a claim after a bus accident in New York?

  • When you’re in a bus accident, the clock starts ticking for the amount of time you have to file a claim. After an accident, police and accident reports must be filed internally with the MTA, the New York Police Department, and other official parties involved in the accident. You will need to file a Notice of Claim with your insurance company within 90 days of the accident. This action begins the claim process, and it is required when filing a claim against a government entity.
  • Upon filing a claim, you must attend a 50-H hearing, which is similar to a deposition. You will have to answer questions about the accident and resulting injuries. This will provide a clear and comprehensive idea of happened. Once the 50-H hearing is complete, you and your attorney will discuss the best course of action. Without taking all of these required steps, you will not be able to file a lawsuit. It is critical that you act quickly to begin the process towards getting the compensation you deserve.

Struck by a bus? Call the bus accident lawyers at Rosenberg & Rodriguez, PLLC

If you’ve been injured in a bus accident, you need an attorney who will fight for you against the insurance companies to get you the compensation you deserve. Bus companies, local municipalities, and their insurance companies will vigorously defend their employees and try to shift the blame for the accident to you. Don’t take on these parties alone. Hire an experienced bus wreck lawyer at Rosenberg & Rodriguez, PLLC to handle your case. Our bus accident lawyers will file your no-fault insurance applications and property damage claims, schedule appointments, and ensure coverage of your medical bills. Our focus is on you, and we will communicate with you at every step in your case.

At Rosenberg & Rodriguez, you can afford to hire a lawyer since you pay nothing upfront. We work on a contingency fee basis, which means that we don’t get paid unless you do. This system gives us a strong interest in getting you every dollar that you deserve, so call us today for a free, no obligation consultation.

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