Determining Liability in New York Bus Accidents
Nassau County Bus Accident Attorney
While many people utilize buses on a daily basis throughout New York, they still pose the risk of accidents just like any other vehicle on the road. Car accidents can pose serious damage; however, buses have a higher tendency to experience rollovers or tip over as a result of their height. In addition, passengers on buses have no form of safety restraint or airbags to safeguard them from sudden impacts.
Typically when a person gets in a motor vehicle accident, liability is determined by discovering the level of fault by both drivers. This can get tricky with
bus accidents, as the law gets more complicated. The only exception is if the bus was hit by another driver or vehicle on the road. With this type of case, you can file a third-party claim with their insurance provider and seek restitution that way.
What if the bus driver is at fault?
When the bus driver is to blame for the accident; however, this is where things get more confusing. Most buses are owned and operated by a government entity. Such examples of this include school buses and public transportation, with school buses having the highest rate of fatalities out of all bus accident cases. The National Highway Transportation Safety Administration states that they account for 37 percent of all bus fatalities annually. If you are injured in a bus collision, then you have to file a claim with the bus's insurance provider, which is connected with the government. Should your claim get denied, you then have to file a Notice of Claim in a fairly short period of time. In New York, you have only 90 days from the date the claim occurs to file this, according to The General Municipal Law.
This Notice of Claim must state that the claim is being served against a public body, or a specific employee, officer or other agent. Then you must put in all necessary information related to the claim such as where the incident occurred, the time it occurred and any other surrounding circumstances. In addition, you must place your name and address in the claim. There are other additional stipulations and rules related to filing this type of claim that can be answered with the help of a Nassau County bus accident lawyer.
Reasons for Bus Accidents
If you are unsure as to where the driver was the reason behind your particular bus accident, it is good to look at a few common reasons and examine your specific situation. Police at the scene of the accident will hopefully look for any factors that could denote if the bus driver or bus company is to blame. Some possible examples could include the following:
- Fatigued driving
- Driving under the influence
- Improperly trained driver
- Overloading of the bus's capacity
- Poorly maintained buses
Any one of these major problems could result in a horrific accident. Other possible reasons could also include distracted driving, such as eating, texting or using the phone while driving the bus. Under New York State law, it is illegal for you to use any form of hand-held device while on the road. If you were catastrophically injured or lost a loved one due to a bus driver's negligence, you should not have to pay for this. Be sure to retain the legal advocacy that you need.
Free Consultation from a Nassau County Injury Attorney
Do not allow yourself to suffer in pain, pay for medical expenses and deal with the aftermath of a bus accident all on your own. You do not deserve to have to deal with a situation like this, especially when it is not your fault. Allow a knowledgeable and compassionate personal injury lawyer from The Law Offices of Charles R. Gueli to pursue justice on your behalf. We work on a contingency fee basis, meaning that we never take payments unless we win something for our clients. This can free you up to not have to worry about paying for costs up front.
Call our office for a free initial consultation and better understand all of the benefits that working with a qualified injury lawyer can bring. In addition, we offer weekend and evening appointments, as we aim to work with your specific schedule. We understand that time is of the essence with these types of cases, so we make ourselves
available 24 hours, 7 days a week to answer your questions.