Detailed Answer
When a passenger is injured in a bus accident in New York, they can seek compensation by proving that the bus driver or operator acted negligently. Negligence requires four elements:
1. Duty of Care: Every driver must operate safely and obey traffic laws.
2. Breach of Duty: The driver failed to meet that standard (e.g., speeding, distracted driving).
3. Causation: The breach directly caused your injuries.
4. Damages: You suffered real losses, such as medical bills, lost wages, or pain and suffering.
Identify the Responsible Party
Potential defendants include the bus driver, the bus company (private or public), or a third party (another vehicle’s driver). If the bus is run by a municipality or public authority—such as the MTA—you must follow special rules before suing.
Statute of Limitations
Under New York law, you generally have two years from the accident date to file a personal injury lawsuit (CPLR 214). Missing this deadline usually bars your case.
Claims Against Public Entities
If you pursue a claim against a city, county, or public authority, you must file a written notice of claim within 90 days of the accident:
• New York General Municipal Law § 50-e: Notice of Claim (GMU 50-e)
• New York General Municipal Law § 50-i: Claim procedures (GMU 50-i)
Insurance Claims
Most bus companies carry liability insurance. After the crash, you should:
1. Report your injuries promptly to the insurer.
2. Provide medical records and accident details.
3. Keep records of all expenses—medical bills, prescriptions, therapy, lost wages.
Filing a Lawsuit
If negotiations with the insurer fail, you may file a lawsuit in a New York court. Your complaint will list the parties, describe the accident, allege negligence, and demand compensation. Discovery (evidence exchange) follows, then settlement talks or trial.
Comparative Negligence
New York follows pure comparative negligence. Even if you are partially at fault, you can recover damages reduced by your percentage of fault. For example, if you are 20% at fault and total damages are $50,000, you could still recover $40,000.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney to evaluate your specific situation.
Helpful Hints
- Seek immediate medical attention and follow treatment plans.
- Take photos of the accident scene, bus damage, and your injuries.
- Get contact information for witnesses and obtain their statements.
- Keep all accident-related documents in one file: medical bills, pay stubs, repair estimates.
- Write down your account of the crash while details remain fresh.
- Do not give a recorded statement to an insurance adjuster without legal counsel.
- Track deadlines: two years for private claims, 90 days to notify public entities.
- Consider consulting a personal injury attorney experienced in bus accidents.