(914) 220-1086New Yorkers are fortunate to have access to great public transportation. Of course, New York City is well-known for its subways, trains, and buses. But even beyond NYC, many counties have their own robust public transportation, such as Westchester County’s Bee-Line or the I-Bus that travels between Stamford and White Plains.
While buses are generally a safe way to get around, when they get into motor vehicle accidents, it can be particularly dangerous for passengers and other drivers on the road. If you have been injured in a bus crash, then you may be able to file a claim against the bus company, driver, or even a state or local government agency. Through a bus accident claim, you can recover financial compensation for your losses, including lost wages, medical expenses, pain and suffering, and more.
The personal injury attorneys of the Law Offices of Thomas L. Gallivan represent bus accident victims throughout New York. We have significant experience handling all types of bus crash claims, including those involving buses operated by a government agency. Reach out today to schedule a free consultation with a White Plains bus accident attorney.
Common Causes of Bus Accidents
In New York, bus drivers are required to have a commercial driver’s license (CDL) to operate a passenger bus. While getting a CDL requires more training and education than a standard driver’s license, that does not mean that bus drivers are perfect. In fact, according to data from the Federal Motor Carrier Safety Administration (FMCSA), in 2021 alone, 221 people were killed and 18,000 people were injured in bus accidents in the United States.
Like other types of motor vehicle accidents, the single most common reason that buses are involved in collisions is driver error. This may include factors such as:
- Distracted driving (such as texting and driving or talking to passengers)
- Driving while fatigued
- Driving under the influence of alcohol and/or drugs
- Running red lights or stop signs
- Speeding
- Tailgating
- Merging without looking
However, for bus accidents, other potential causes can often be attributed to the bus company rather than driver negligence. This includes:
- Failing to properly train drivers
- Inadequate repairs or maintenance on buses
- Negligent hiring (i.e., not checking a driver’s background or qualifications)
- Requiring drivers to spend too many hours behind the wheel without a break
- Failing to properly supervise drivers
In some cases, other issues, such as dangerous or defective products, may contribute to a bus accident. Ultimately, if someone did something – or failed to do something – that led to a collision, then any injured bus passengers and/or other victims could file a personal injury lawsuit to recover financial compensation for their losses.
Can I File a Personal Injury Claim for a New York Bus Accident?
Generally, if a person is hurt in an accident, they can file a claim against the liable party and their insurance company. The same holds true for bus accidents: if you are hurt in a crash, then you could seek compensation from the at-fault party and their insurer. This is true whether the responsible party is a privately owned bus company or a public bus that is owned and operated by a government agency (such as the Metropolitan Transit Authority or MTA).
Most bus accident claims are based on a theory of negligence, or carelessness. To win a bus accident claim, the injury victim (plaintiff) will need to prove that the at-fault party (defendant) was negligent in some way – such as by changing lanes without looking and causing an accident. In some cases, such as drunk driving accidents, the claim may be based on intentional or reckless conduct.
The process of filing a personal injury lawsuit starts with a consultation with a White Plains bus accident lawyer. They will listen to your story and offer you advice on your options for pursuing a claim. They may even give you a ballpark estimate of the value of your case.
If you decide to move forward, then your attorney will get to work to build both factual and legal support for your personal injury lawsuit. This involves investigating the underlying facts of the accident as well as performing legal research. Your lawyer may interview witnesses, review photos and videos of the accident scene, obtain an accident report, and consult with expert witnesses.
For private bus companies, the next step is to send a demand letter to their insurance company. A demand letter explains the facts of the case and the legal reason why their insured is liable. It concludes with a demand for damages (compensation).
For government-owned buses, the process is slightly different. Instead of a demand letter, your lawyer will send a notice of claim to the appropriate government agency. This letter must be sent within 90 days of the accident.
The vast majority of personal injury claims are resolved outside of court, typically through a settlement. However, if the insurance company and/or government agency refuses to offer you a fair settlement for your losses, it may be necessary to file a lawsuit. This allows the parties to continue negotiations while preparing for trial. If the case goes to court, your White Plains bus accident lawyer will introduce evidence, make arguments, and question witnesses before asking the jury to return a verdict in your favor.
Compensation in a Bus Accident Case
Three types of compensation may be available to victims in a personal injury claim:
- Economic damages pay for direct financial losses. Economic damages may include money for medical bills, future medical treatment, property damage, lost wages, and reduced earning capacity.
- Non-economic damages compensate victims for their intangible losses. Examples of non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, scarring, and disfigurement.
- Punitive damages may be awarded by a jury in cases involving intentional or reckless conduct. Unlike economic and non-economic damages, punitive damages do not compensate an accident victim. Instead, they penalize a person or entity that acted recklessly or intentionally.
If a person died as a result of a bus accident, then their survivors may file a wrongful death claim through the estate. Damages in a wrongful death claim may include money for funeral and burial expenses, reasonable medical expenses, financial support that the deceased would have contributed to the family, the value of support and services that the deceased would have provided, and lost inheritances.
Insurance companies often offer lowball settlements to accident victims, typically before they have had a chance to consult with a lawyer. These offers rarely cover the full scope of the victims’ losses, and often undervalue non-economic damages such as emotional trauma. If you want to get maximum compensation for your injuries, then your best option is to reach out to a skilled White Plains bus accident lawyer to fight for your rights and protect your interests.
How a White Plains Bus Accident Attorney Can Help
Buses are owned and operated by large bus companies and/or government agencies. After an accident, these companies are represented by insurers and teams of lawyers and adjusters. It can often be intimidating to even consider going up against a corporation or a government agency, especially when you are dealing with the aftermath of a crash.
Our personal injury lawyers will help you get the best possible outcome for your bus accident claim. As an initial matter, we will handle all communications with the bus company, government agency, and/or their insurers. This can relieve a significant amount of stress, particularly if you are feeling pressure to give a statement or agree to a settlement.
At the same time, we will work diligently to put together the strongest possible claim for compensation. This can include everything from talking to witnesses to working with expert witnesses to performing legal research. We will evaluate every possible course of action to ensure that you get the money that you deserve – and that all liable parties are held responsible.
The rules regarding personal injury claims can be complicated, especially when they involve a government entity. We will ensure that the proper procedures are followed and that all deadlines are met.
Throughout the process, we will negotiate with the at-fault party to try to achieve a settlement. We know that our clients often experience financial distress after an accident. Our goal is to get you the most money possible for your injuries, and as quickly as possible. When necessary, we will take your case to trial to help you get top dollar for your injuries.
Our lawyers treat each of our clients with compassion and respect. We know how hard it can be to deal with bureaucratic and legal matters after suffering injuries in any type of accident. We will ease your stress by handling the claim and all communications on your behalf, allowing you to focus on what is truly important: your recovery.
Hurt in a Bus Crash? Give Our Law Firm a Call.
Bus accidents can cause devastating injuries to both passengers and others on the road. After a bus crash, you may not know what to do or where to turn for help. Our White Plains bus accident attorneys are here to help.
At the Law Offices of Thomas L. Gallivan, we pride ourselves on our zealous advocacy for our clients. Whether you have been hurt in a bus accident, a motorcycle crash, a truck accident, or any other type of collision, we are here for you. To learn more or to schedule a free consultation with a White Plains bus accident lawyer, give us a call at 914-220-1086 or fill out our online contact form.
How Long Do I Have to File a Bus Accident Claim?
The statute of limitations for personal injury cases in New York is 3 years. This means that you must file a claim within 3 years of the date of the accident. However, if the at-fault party is a government agency – such as in a school bus accident – then the time period is shorter. You must file a notice of claim within 90 days, and then a lawsuit within 1 year and 90 days of the accident.
The Law Offices of Thomas L. Gallivan has experience handling all types of bus accidents, including those that involve government entities. Reach out today to schedule a free consultation with a White Plains bus accident attorney.
How Can I Pay for a New York Bus Accident Lawyer?
Personal injury law firms handle claims on a contingency fee basis. With a contingency fee agreement, you will only pay an attorney’s fee if they recover money for you. The fee will be a percentage of your total recovery. You won’t pay anything out of pocket to hire a lawyer.
It can be intimidating to go up against a big bus company and its insurer. Contingency fee arrangements allow you to level the playing field and have your own legal representation. Call the Law Offices of Thomas L. Gallivan today to schedule a free consultation with a White Plains bus accident lawyer.
The Bus Company Is Offering Me a Settlement. Should I Take It?
No. You should not give a statement, sign any paperwork, or accept a settlement for any personal injury claim until you have had a chance to talk to a lawyer. Remember: the bus company and their insurer is trying to resolve the case for as little money as possible. They probably won’t offer you a fair settlement unless forced to do so by a seasoned White Plains bus accident attorney.
Before making any decisions, contact the Law Offices of Thomas L. Gallivan to schedule an appointment. It’s free of charge and will help you get a better understanding of your rights and options.
