New York City’s streets are home to thousands of school buses, shuttling children to and from schools, which are operated by the New York City Department of Education (NYCDOE). While these buses are essential for safely transporting students, accidents will happen from time to time. Sometimes, these bus accidents can be devastating, leading to severe injuries or even fatalities. In such situations, one of the primary questions victims and their families might ask is whether they can sue the NYCDOE for damages.
The NYCDOE is responsible for overseeing the public school system in New York City, which includes the operation of school buses. However, pursuing legal action against a government entity like the NYCDOE has unique challenges and specific legal processes. Knowing what these challenges are is extremely helpful when victims seek the compensation you deserve.
In any situation involving an accident with injuries, we strongly advise that you consult with an experienced NY car accident lawyer. Brandon J. Broderick, Attorney at Law has years of experience in helping bus accident victims recover damages. Call us for more details.
Understanding New York Bus Accidents and the NYCDOE
What is the NYCDOE?
The New York City Department of Education (NYCDOE) is the largest school district in the United States, serving over one million students across more than 1,800 schools. The department is responsible for providing educational services, including the operation of school buses that transport students to and from school and extracurricular activities. The NYCDOE either owns and operates these buses or contracts with private bus companies to provide transportation services.
Bus Accidents in New York City
Bus accidents in New York City are not uncommon, given the city’s dense traffic and the high volume of school buses on the roads. These accidents can involve NYCDOE-operated buses, private bus companies contracted by the NYCDOE, or other types of buses such as MTA city buses. Injuries sustained in any bus accident has the chance of being severe, especially when they involve children. Common injuries range from minor cuts and bruises to more serious injuries such as broken bones or traumatic brain injuries.
Can You Sue the NYCDOE for a Bus Accident?
Sovereign Immunity and Its Exceptions
As a government entity, the NYCDOE is generally protected by sovereign immunity, a legal doctrine that shields government bodies from being sued without their consent. However, there are exceptions to this rule, particularly when it comes to negligence claims. Under the New York General Municipal Law, you can sue the NYCDOE if you can prove that the accident was caused by the negligence of the bus driver or another NYCDOE employee, and that this negligence directly resulted in your injuries.
Filing a Notice of Claim
One of the important steps in suing the NYCDOE is filing a Notice of Claim. In New York, if you plan to sue a government entity like the NYCDOE, you must first file a Notice of Claim within 90 days of the accident. This notice informs the city of your intent to file a lawsuit and provides details about the accident, including how it happened, the injuries sustained, and the damages you are seeking. If you fail to file this notice within the 90-day window, you may lose your right to sue the NYCDOE.
Comparative Negligence
New York follows a pure comparative negligence rule, which means that if you share some of the blame for the accident, your compensation may be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, your compensation will be reduced by 20%. In fact, you can be as much as 99% responsible for an accident and still collect 1% of any compensation awarded from the NYCDOE or other responsible parties.
Specific Rules for City Buses vs. Private Bus Services
It's important to differentiate between accidents involving NYCDOE-operated buses and those involving private bus companies contracted by the NYCDOE. If the bus involved in the accident is operated by a private company, you may need to file a lawsuit against the bus company rather than the NYCDOE. However, the same basic legal principles apply, including the requirement to prove negligence.
For city buses, such as those operated by the Metropolitan Transportation Authority (MTA), the process is slightly different. The MTA is a separate government entity with its own procedures and rules for filing claims. In accidents involving MTA buses, you would need to file a Notice of Claim with the MTA rather than the NYCDOE.
Why You Should Seek Legal Help
Suing the NYCDOE can be a complicated process. It involves strict procedural rules, such as filing of a Notice of Claim, and proving negligence. By retaining the services of an attorney, you will have a legal expert helping you understand your rights, gather evidence to support your claim, and ensure that all legal deadlines are met. They can also negotiate with insurance companies and represent you in court if necessary to secure the compensation you deserve.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating New York bus accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.