The residents of New York utilize buses on a daily basis. Whether its public transit, including city buses, or charter bus companies hired to bring safely groups of New Yorkers to their destination. With so many buses traveling the roadways on any given day, accidents are inevitable. Passengers hurt in these bus accidents likely wonder who is liable and responsible for their injuries and whether they need to hire an attorney.
Keep in mind, a bus accident can happen any time and any place. Recently, this September, a bus transporting students from Farmingdale High School in Long Island was involved in a roll over accident on Interstate 84 in Wawayanda, New York. There were two deaths and over 40 others were injured in the accident. The bus crashed and plummeted down a ravine, resulting in five students being hurt so seriously, they are in critical condition.
We will discuss bus liability in a New York bus accident in the following article. However, a key component of a bus accident claim is proving negligence. In most cases, when someone or a company acted negligently and you were hurt as a result, you will likely be awarded damages.
Were you involved in a bus accident and suffered injury? Speak to an experienced bus accident lawyer to assist you because, depending on the circumstances, determining liability can be difficult at times. Brandon J. Broderick, Attorney at Law can sort through the facts of your case to establish who is legally liable for your injuries.
New York Bus Accidents: Who Is Liable?
Sometimes, the bus driver may also be held accountable for a bus accident, but usually it depends on who owns and operated the bus. All bus operators are required by law to operate their buses in a safe manner. This generally includes background checks on drivers, proper vehicle maintenance, and on-the-road driver safety.
A bus operator has a duty of care to maintain, and when this duty is breached, the company can be held liable for the accident. In the same way, if a bus driver operated the bus negligently, they may be held accountable and deemed at fault. There are also some instances where multiple parties might be involved and share liability, which can make a case more complex.
In the case of the previously mentioned Wawayanda school bus accident, an initial investigation found that a faulty front tire may have played a role in the accident. While further investigation is being conducted, a faulty tire could place some liability on the tire manufacturer, in the form of a product liability claim.
Your lawyer can help determine who is to blame and who to name in a personal injury claim.
Filing A NY Bus Accident Claim
Claim Against a Public Entity
It's important to speak with a lawyer experienced in pursuing claims against the government or a municipality if you were hurt in an accident on a bus owned and/or operated by a public entity. New York allows 90 days from the date of an accident to submit a claim.
Claim Against a Commercial Company or Driver
You must prove that the company or driver was negligent to file a successful claim against them. A driver's actions, such as speeding or being under the influence, may be considered negligent. If the bus was not properly maintained, safety requirements were not met, or other reasonable safety practices were not followed, the commercial company could be deemed to have been negligent.
New York Bus Accident Attorneys From Brandon J. Broderick Are Ready To Help You
A bus accident's liability can be difficult to prove. However, the team at Brandon J. Broderick has decades of experience and a successful track record to help accident victims just like yourself.
Our NY bus accident lawyers will ensure your rights are protected and you get the justice you deserve. We are just one phone call away. For a free consultation, call us to schedule one today.