Who is liable in a bus accident? Ultimately, it depends on the situation, and several people or organizations may be responsible. Untangling legal liability is complicated, but it is vital for you to obtain the appropriate compensation for your medical bills and lost wages after a bus crash. There are tight deadlines for legal action, too, especially if you have a case against a government agency such as the Metropolitan Transportation Authority.
You deserve to have someone on your side after a bus accident, and a personal injury attorney has the resources to investigate your case. At Chopra & Nocerino, we want to be your champion after a NYC bus accident. Our experienced staff will assist in gathering documentation to determine NYC bus accident liability, and our determined lawyers will do what it takes for you to get the compensation you deserve.
- New York uses a pure comparative negligence system, which means multiple parties can be liable for your bus accident: the driver, the company, other drivers, maintenance providers, or the government.
- Courts determine liability by investigating evidence, which can include maintenance records, witness statements, and photos or video from the scene.
- Contacting a personal injury attorney after your accident can help you collect evidence and protect your legal rights.
Understanding New York's Bus Accident Liability Laws
New York uses a pure comparative negligence system for lawsuits, so multiple entities can be liable for a bus accident. The court assigns responsibility in percentages. For instance, if there’s a bus accident where the driver was distracted, but was also cut off by another driver on the road, each driver might be considered 50 percent responsible.
What this means for you is that multiple people may be responsible for your bus accident. Pursuing each of these claims may require a different strategy. For instance, state and local governments have partial immunity for accidents that occur as part of city services, but private companies do not. Claims against a government agency typically have a much tighter timeline, too.
School bus accident liability in NYC offers a complex example of how these claims interact: drivers, charter companies, and the Department of Education could all be liable, depending on the specifics of the crash.
Bus Drivers
Bus drivers have a duty of care towards passengers—that is, a driver is expected to drive safely. A bus driver may be at fault in your accident if they were speeding, committing other traffic violations, or distracted behind the wheel.
Bus Companies
Vicarious liability allows courts to hold an employer responsible for harm caused by its employees while they’re performing their job duties. This means a bus company can be held liable for a driver’s negligence, even if the company didn’t directly cause the crash.
A company can also have direct liability if it fails to provide adequate training, check certifications, or maintain its buses properly.
Other Drivers
Other drivers may be at fault for your bus accident if they commit a traffic violation, such as running a red light or illegally driving in a bus-only lane. A driver may also be at fault if they were using their phone or otherwise distracted.
Manufacturers
If your bus suffers a mechanical failure due to defective equipment, you might sue the company responsible. For instance, a tire manufacturer may be partially responsible if your bus accident was caused by a faulty tire that blew out.
Maintenance Providers
Maintenance providers have a duty to properly maintain buses. If a bus involved in an accident isn’t regularly inspected or correctly repaired, a court may determine that the maintenance provider is to blame for the crash.
Government Entities
If you were injured in an accident on an MTA bus or if your accident was caused by poor road conditions, you may have a case against a government agency. Note that New York State law requires you to file a complaint against a government agency within 90 days after your bus accident.
New York City has specific procedures you must follow if you have a claim against a municipal agency. You risk your right to sue if you don’t follow the guidelines, so it’s especially important to contact a lawyer if you think you have a claim against a government body.
How Is Liability Determined in a Bus Accident?
When you contact a personal injury attorney after a bus accident, they’ll start the process by investigating who may be responsible. They’ll start by visiting the scene of the accident to examine the road and traffic patterns. If there are skid marks on the road from the bus or other vehicles in the accident, they’ll take a look at those, too.
Your lawyer will also collect any documentary evidence available, such as traffic camera footage, bus maintenance records, and witness statements. This includes any photos or videos that you gathered after the accident.
Your attorney will use the evidence they collect to present your version of how the accident happened. The other parties may agree to accept responsibility and settle, or the case may proceed to trial, where a judge or jury will determine legal liability.
What Steps Should You Take After a Bus Accident?
After a bus accident, you may feel confused and overwhelmed, especially if you were injured. Try to keep your cool and focus on protecting your rights by taking these steps:
- At the scene, stay calm: You may be extremely upset, even angry, but try not to say anything you can’t take back. Don’t accept any fault for the accident.
- Document what you can: Take photos and video if you can do so unobtrusively. Document your injuries, how the bus looks, the road conditions, and anything else you think is relevant.
- Seek medical attention: Even if you’re not seriously hurt, documenting your injuries protects your legal rights.
- Contact an attorney: A lawyer can help you determine your legal rights after a bus accident. Law firms may offer a free consultation and won’t charge you unless you win a verdict or settlement.
Even if your bus accident happened weeks or months ago, you can still contact a personal injury lawyer to better understand your options. They can guide you through the best next steps for you.
Why Choose Chopra & Nocerino for Your Bus Accident Liability Case?
A bus accident can upend your life—medical bills can cost thousands, and your injuries could make you unable to work or care for your family. Chopra & Nocerino have helped hundreds of hardworking New Yorkers protect both their legal rights and their finances after a bus accident. We’ve recovered millions in settlements and judgments for our clients and helped them get on their feet.
Bus accident claims in New York can feel overwhelming, but we’re here to help. We’ll take the time to explain your rights, and our resources allow us to fully investigate who is at fault in a bus accident. Our staff can even connect you to medical and financial resources, and you won’t owe us a dime unless you win your case. We also serve clients in bike accidents, car crashes, and pedestrian collision cases.
If you’ve been injured in a bus accident, don’t wait to protect your legal rights. Contact us online or call (855) NYC-HURT to schedule a free consultation.
