Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
1. Seek Immediate Medical Attention
After a bus accident, your health comes first. Even if injuries seem minor, get a thorough medical evaluation. A medical record establishes a clear link between the accident and your injuries.
2. Preserve Evidence at the Scene
- Take photos of vehicle damage, skid marks, road conditions and traffic signals.
- Collect names and contact details of witnesses, passengers and the bus operator.
- Keep your clothes, medical devices or any personal property damaged in the crash.
3. Identify the Responsible Party
Determine whether the bus is privately owned (charter or coach) or publicly operated (city, county or state transit authority). A public bus claim requires special notice procedures under New York law.
4. Provide Notice of Claim (Public Bus Only)
If you’re injured in a government-operated bus (for example, an MTA vehicle), New York’s General Municipal Law § 50-e mandates you file a written notice of claim within 90 days of the accident. Failure to comply typically bars your lawsuit. See General Municipal Law § 50-e: ny.gov/GML/50-E.
5. Statute of Limitations
For private bus operators, you generally have three years from the date of the crash to file a lawsuit under New York Civil Practice Law & Rules § 214(5). See CPLR 214(5): nysenate.gov/CVP/214.
For a public bus, you must file a lawsuit within one year and 90 days after the accident under General Municipal Law § 50-i. See GML 50-i: ny.gov/GML/50-I.
6. File Your Claim or Lawsuit
If the bus is privately owned, start by submitting a claim to the company’s insurer. Include copies of medical bills, police reports and repair estimates. The insurer has a short window (often 30–60 days) to respond.
For public buses, you must file a formal lawsuit in the appropriate New York court after serving the notice of claim. Attach medical records, proof of notice and evidence of negligence.
7. Consider Consulting an Attorney
Bus accident claims can involve complex issues like comparative negligence, government immunity and multiple parties. An attorney experienced in New York personal injury law can guide you on deadlines, evidence gathering and settlement negotiations.
Helpful Hints
- Keep a daily journal of pain levels, treatment and lost wages.
- Request a copy of the bus company’s incident report.
- Obtain all medical records, bills and correspondence in writing.
- Notify your own auto or health insurer promptly, if applicable.
- Store accident-related documents in one organized file or folder.
- Avoid posting details or photos of your injuries on social media.