Brooklyn Bus Accident Lawyers

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Millions of people in New York City use the public transportation system every day, including the MTA bus system. If you have been injured in a bus accident, you may be entitled to file a personal injury claim to compensate you for your pain and suffering.

We understand that navigating the aftermath of a bus accident can be daunting. Our team of dedicated professionals at Belushin Law Firm, P.C. is here to guide you through each step of the legal process, ensuring you have the support you need during this challenging time. We commit to standing by your side, leveraging our extensive understanding of New York's complex traffic laws to build a robust case tailored to your unique situation.

Additionally, knowing your rights is crucial. New York has specific statutes concerning bus accidents, including a statute of limitations that dictates the time frame in which you can file a claim. Our attorneys are well-versed in these laws and are prepared to fight for your rights, aiming for the compensation you rightfully deserve.

The Brooklyn bus accident lawyers at Belushin Law Firm are experienced in handling all types of personal injury claims and can assist you with your case. Since 2002, our legal team has recovered millions of dollars for our clients.

Understanding New York Bus Accident Liability

Liability in bus accidents can often be complex due to multiple parties potentially being involved. In New York, determining fault is a crucial step in setting the groundwork for a successful claim. The "No-Fault" insurance law may apply, which can influence the directions of a personal injury claim. Factors such as whether the bus was operated by a public entity or a private company can significantly affect the proceedings.

For instance, public buses in Brooklyn must adhere to strict safety regulations, and any deviation due to negligence can be a strong basis for liability. Moreover, local traffic patterns and intersections, previously identified as high-risk areas, play a critical role in assessing potential hazards. Our team leverages detailed knowledge of these Brooklyn traffic dynamics to craft a strategy tailored to your situation, ensuring that all potentially liable parties are considered. By doing so, Belushin Law Firm, P.C. aims to maximize your potential recovery under New York law.

New York Bus Accident Statistics

The traffic congestion and the high number of buses in New York make accidents an unfortunately common occurrence in the city. Bus accidents in New York most often involve public buses and school buses.

Here are some statistics about bus accidents in New York:

• According to the New York Post, "MTA [Metropolitan Transportation Authority] buses racked up at least 21,823 crashes, collisions, and other mishaps over 31 months beginning in 2015 — an average of 23 per day."
• MTA accidents from 2015 to 2018 resulted in approximately 2.7 injuries per day, or 2,520 total injury victims, in addition to at least 14 deaths.
• "School buses were involved in at least 180 accidents," from 2015 to 2018.

Common Types of Bus Accidents

Buses are used for a multitude of purposes, both to transfer passengers and cargo. There are a variety of different types of bus accidents, each with their own liable parties and methods for recovering compensation for resulting injuries.

The most common types of bus accidents include:

• Public transportation bus accidents — A public bus accident can injure a number of passengers and other drivers. The city and/or bus company could be liable for collision damages, in addition to the driver.
• School bus accidents — In a school bus accident case, multiple different parties could be liable for the resulting damages. The school is responsible for hiring competent drivers and monitoring their behavior, so any oversight in those responsibilities could be evidence of the school's liability. If it is a public school bus, it is possible that the school district or municipality could be liable too.
• Cargo/freight bus accidents — A cargo bus accident won't result in any passenger injuries but can cause harm to other drivers. Buses that are carrying toxic chemicals, heavy equipment, or other dangerous cargo can cause additional damage.

In these types of bus accident cases, it is possible that victims can be either passengers or people who are driving in their own vehicle and collide with a bus. All victims of bus accidents may qualify for compensation, but people who are driving may be able to file a claim with their own insurance company in addition to pursuing compensation through the bus company.

Common Causes of Bus Accidents in New York

In addition, sometimes pedestrians, bicyclists, and other vehicles are struck by an MTA bus. If you have been injured in any of these situations due to a bus driver's negligence, you are entitled to file a claim to compensate you for your pain and suffering.

Reckless behavior by drivers, including distracted or impaired driving, significantly contributes to bus accidents. Factors such as running red lights, using mobile devices while driving, or operating under the influence compromise safety. Additionally, mechanical failures due to neglected maintenance can also result in accidents, highlighting the critical need for regular bus inspections. In Brooklyn, with its intricate road design and busy intersections, such factors amplify the risk of accidents, necessitating heightened awareness and preventive measures.

Proving the cause of an accident is critical to proving liability. If you've been seriously injured in a bus accident, get the legal help you need by contacting an experienced attorney.

Who is Liable in a Bus Accident?

There isn't a one-size-fits-all answer to this question because each accident is different. Determining who is responsible for an injury is critical to recovering damages. In New York, there are a number of potential defendants who could be held responsible for a bus accident, including:

Beyond the bus driver, other drivers involved in the collision may be partially or fully responsible for an accident, especially in cases where aggressive or reckless driving is a factor. Furthermore, maintenance companies that fail to uphold regular and thorough inspections may also be liable if mechanical failure is a contributing cause.

• Bus driver
• Other drivers
• Maintenance companies
• Manufacturers
• Management companies
• City and state governments

City and state governments could be accountable, especially if poor road conditions or inadequate traffic signals contribute to the accident. In tandem with manufacturers in cases of defective vehicle parts, all these factors play a crucial role in assessing liability. As you can see, there are a number of complex factors that go into a bus injury claim, but with the help of an experienced New York bus accident attorney, you can ensure that you recover maximum compensation.

What to Do Immediately After a Bus Accident in Brooklyn

If you find yourself involved in a bus accident in Brooklyn, knowing the steps to take immediately can significantly influence the outcome of your case. First, prioritize your safety and that of others by moving to a safe area, if possible, and checking for injuries. Call 911 to report the accident and get medical assistance, even if injuries appear minor at first.

Gathering evidence is critical. Take pictures of the accident scene, documenting the bus, other vehicles involved, and any visible injuries. Collect contact information from witnesses, as their testimonies can be invaluable in a legal claim. It's also advisable to file a report with the Metropolitan Transportation Authority (MTA) if a public bus is involved, as they will conduct their own investigation. Involving an attorney early on can help protect your interests, as they can guide you in preserving evidence and managing communications with insurers or other responsible parties.

Responsibility of the Bus Driver

Bus drivers have a responsibility to their passengers and other drivers, cyclists, and pedestrians. They are required to operate the bus in a careful and cautious manner, without putting anyone's safety at risk.

In their role, bus drivers are expected to adhere strictly to traffic rules, maintain a high standard of awareness, and regularly attend safety training sessions that hone their ability to manage challenging road scenarios. Any deviation from these expected protocols can significantly impact safety and increase the risk of accidents.

There have been cases of bus drivers being distracted or intoxicated or using excessive speed to try to meet their schedule. The MTA is responsible for their actions and is required to compensate you if their employees acted negligently.

Filing a Bus Accident Claim

When filing a bus accident claim, there are many different types of evidence available that can support your case. Buses are almost always owned and operated by a public entity, so bus accident injury victims (and their legal teams) can access many different records to exhibit negligence.

In addition to traditional forms of evidence such as witness testimonies and police reports, data from onboard black boxes or GPS tracking systems can offer critical insights into the bus's speed and movement patterns at the time of the accident. Such sophisticated tools can significantly bolster a case by providing an accurate, technical breakdown of the events leading up to the accident.

Employment documents, maintenance records, and trip logs could be recovered from the bus driver's employer. If their employer is a city or school, additional documentation and accident reports could be available.

Of course, the forms of evidence that are available in all vehicle collision claims can also apply to bus accident claims. There could be a police report of the car accident, witness accounts, and video footage taken from traffic cameras. Many public buses also have cameras installed inside the vehicles, so that footage could be useful as well.

In your claim, our Brooklyn bus accident attorneys may be able to utilize evidence such as:

• The police report
• Video footage
• Trip logs
• The driver/company's accident history documents
• The driver's application or information from previous employment

Frequently Asked Questions

What Compensation Can I Recover from a Bus Accident Claim?

In the aftermath of a bus accident, victims often wonder what type of compensation they may be entitled to. Generally, compensation can cover a range of damages, both economic and non-economic. Economic damages include measurable costs like medical expenses, lost wages, and property damage. For example, any medical treatment you receive for injuries sustained in the accident, as well as any ongoing rehabilitation costs, can be quantified and claimed.

Non-economic damages, on the other hand, compensate for more subjective losses such as pain and suffering, loss of enjoyment of life, and emotional distress. These are particularly relevant if the accident significantly impacts your quality of life or your ability to perform daily activities. Each claim is unique, and the total compensation depends on the specifics of the accident and the level of negligence involved. Legal representation from Belushin Law Firm, P.C. ensures that all potential compensation avenues are explored, utilizing their extensive experience in negotiation and litigation to pursue the maximum potential recovery.

How Long Do I Have to File a Bus Accident Claim in Brooklyn?

In New York, the statute of limitations for personal injury claims, including those arising from bus accidents, is generally three years from the date of the accident. However, this period can be shorter in cases involving a government entity, such as when a public bus is involved and the Metropolitan Transportation Authority is a defendant. In such scenarios, you may be required to submit a notice of claim within 90 days of the accident.

It's crucial to adhere to these timelines as failing to file a claim within the applicable period can forfeit your right to recover damages. Engaging an attorney from Belushin Law Firm, P.C. promptly can help navigate these complexities, ensuring all procedural requirements are met and that your claim is filed well within the statutory deadlines.

How Is Fault Determined in a Bus Accident?

Determining fault in a bus accident involves a thorough investigation of the incident, considering various potential causes and responsible parties. Factors such as driver negligence, violation of traffic laws, road conditions, and mechanical failures are analyzed. At-fault determinations may involve reviewing evidence from police reports, eyewitness accounts, traffic camera footage, and expert reconstructions.

In New York, which follows a "comparative negligence" rule, a victim's compensation can be affected by their degree of fault. This means if a victim is found partially responsible, their compensation may be reduced accordingly. For instance, if you are found to be 20% at fault, your compensation would be reduced by that percentage. Our team at Belushin Law Firm, P.C. excels in gathering and presenting evidence that minimizes client liability, thereby optimizing the compensation you can recover.

Get Started with Your Free Case Evaluation

If you have been injured in some kind of bus accident, please make sure you contact the authorities to initiate an investigation. If you were a passenger on a bus, you will want to make sure all relevant witnesses are interviewed before leaving the scene.

Make sure you are treated for your injuries, and then call us. We have obtained millions of dollars for past clients and are prepared to get you the maximum compensation possible.

It's crucial to act swiftly, as evidence can become harder to collect over time. Witness memories may fade, and physical evidence may be altered or lost. By reaching out to our team, you're ensuring that your case gets the immediate attention and detail it requires, giving you the best chance of a successful outcome.

Call Belushin Law Firm, to hire an experienced Brooklyn firm and get your free initial case consultation!