Disclaimer: This article is for educational purposes and does not constitute legal advice.
If you suffered or witnessed a bus crash in New York, understanding how to prove fault and damages can protect your rights. Under New York law, a successful personal injury claim requires you to show that the bus driver or carrier breached a duty of care and that this breach caused your injuries and losses.
Detailed Answer
1. Understanding Negligence and Duty
In New York, buses operate as common carriers. They owe passengers the highest duty of care to ensure safe transport. (See VTL § 509.) To prove negligence, you must show:
- Duty: The driver or carrier owed you a duty of care as a passenger or road user.
- Breach: The driver or carrier failed to uphold that duty.
- Causation: The breach directly caused your injuries.
- Damages: You suffered measurable losses.
2. Evidence to Prove Fault
- Accident and Police Reports: Obtain the official crash report from the local police or Department of Motor Vehicles.
- Surveillance and Dashboard Video: Request any video footage from the bus, nearby businesses, or street cameras.
- Witness Statements: Collect signed statements and contact information from passengers and bystanders.
- Driver Logs and Records: Review the driver’s hours, training records, licensing, and any Department of Transportation violations.
- Maintenance Records: Check the bus’s service logs for mechanical issues or missed inspections.
- Accident Reconstruction: Hire a reconstruction professional to analyze skid marks, vehicle positions, and impact forces.
- Cell Phone Data: Subpoena call and text logs if distraction contributed to the crash.
3. Evidence to Prove Damages
- Medical Records and Bills: Compile emergency care reports, hospital bills, therapy receipts, and pharmacy statements.
- Lost Earnings: Gather pay stubs, tax returns, or employer letters documenting time off and wage loss.
- Future Care Costs: Obtain a medical professional’s report on ongoing treatment, rehabilitation, or assistive devices.
- Pain and Suffering: Maintain a diary of symptoms, limitations, and emotional distress.
- Property Damage: Include repair estimates for personal items damaged in the crash.
4. Statute of Limitations
In New York, you generally have three years from the crash date to file a personal injury suit. (See CPLR § 214.) Missing this deadline can bar your claim.
Helpful Hints
- Seek immediate medical attention and follow all treatment recommendations.
- Photograph the crash scene, your injuries, and any damaged property.
- Report the accident to your insurer but avoid detailed statements before consulting an attorney.
- Preserve clothing and personal items in the condition they were after the crash.
- Contact witnesses quickly to keep their recollections fresh.
- Act early to subpoena evidence and avoid spoliation.
- Consult with a personal injury attorney before accepting any settlement offers.