This is a question we get asked frequently at Giordano Law Offices Personal Injury & Employment Lawyers. As accident attorneys, practicing personal injury law, among other areas, we are also often asked, how much can you get from a bus accident? What to do if you are in a bus accident? How do I claim after a bus accident? And what are some reasons for an accident while driving a bus?
The answer to these questions is dependent on a variety of factors such as the type of bus, who owns the bus, how the bus accident happened, where it happened, and who might be at fault. If the bus is a New York City Metropolitan Transit Authority (“MTA”) or New York City Transit Authority bus (“TA”) owned bus, there are rules and protocols TA bus operators are required to follow. Though they are required to follow these rules, it does happen that the rules are disregarded for whatever reason.
If the bus is a Transit Authority bus, one of the first things to keep in mind is that there is an initial 90 day statute of limitations for filing a Notice of Claim. If you do not file the proper claim form, you may likely be forever barred from filing a lawsuit to recover for your serious physical injuries. Though you can find a New York City Transit Authority claim form for bus accidents online here at this link, https://new.mta.info/document/29871, we do not recommend that you fill this out yourself without a competent knowledgeable personal injury attorney who has extensive experience in bus accidents and litigating cases against bus companies and the Transit Authority.
Though MTA bus drivers have recently been required to undergo further safety training, the statistics on bus accidents in the City of New York remain problematic. See Mayor Adams policy and progress statement regarding Motor Vehicle accidents, including bus accidents: https://www.nyc.gov/content/visionzero/pages/. Though (some) statistics suggest an overall decrease in car and bus accidents over the past decade, there are many who dispute those statistics and the effectiveness of the Vision Zero campaign, which the current administration has continued in many respects.
Given the number of people here in NYC, the amount of traffic, and the fact that everyone is in a hurry, we are likely to get more than our fair share of bus accidents in New York. This is inevitable, and obviously depends on the degree to which people, drivers, bus operators, pedestrians, bicyclists and everyone else exercises caution, consideration and respect while traveling through the city. Unfortunately, this is not always the case, and this is when you might require legal services. There are so many attorneys practicing in this area, but you should be certain you retain an attorney with extensive experience that has your interests at heart and who will do what it takes to obtain justice and proper compensation for your injuries.
Bus Accident Statistics
If you are interested in the most accurate and unbiased statistics on bus accidents, you can consult the following websites:
MTA
The MTA controls public transportation in NYC, including buses, subways, and trains. Check out the website at https://new.mta.info/
The New York State Department of Transportation (NYSDOT)
The NYSDOT collects, analyzes, and publishes transportation data for New York State. Check out the website at https://www.dot.ny.gov/
The National Highway Traffic Safety Administration (NHTSA)
The NHTSA is a federal agency responsible for vehicle safety standards and providing crash statistics across the entire country, including New York City. Take a look at the website at https://www.nhtsa.gov/
The Federal Transit Administration (FTA) & National Transit Database (NTD)
The FTA and NTD has a huge amount of information regarding public transportation systems in the US, including safety and performance data. Take a look at https://www.transit.dot.gov/ntd
Keep in mind that the New York City Transit Authority is self-insured. That means they have the assets to insure and pay for accidents and personal injuries that are caused, at least in part, by the negligence of its bus operators. Moreover, under New York’s No-Fault law, the Transit Authority is required to pay a minimum of $50,000 in No Fault benefits to cover your medical expenses and at least a percentage of your lost wages that you may suffer and incur as a result of a bus accident.
How Much Can You Get From A Bus Accident?
You can get full compensation for a personal injury or wrongful death (fatality) as a result of a bus accident. If your attorney knows what they are doing, you will be protected and covered. That is, if the bus operator was liable for causing the accident, the MTA will be required to pay for the No Fault medical expenses and lost wages. Additionally, as a self-insured entity, there is no limit to recovery for personal injury and fatality related expenses. There is no $25,000 or $50,000 limit to recovery because the Transit Authority and MTA are self-insured and have the means to pay for its bus operators’ negligence.
What To Do If You Are In A Bus Accident?
When you are hurt, it is difficult to keep your wits about you. Sometimes we have to rely upon the people we are traveling with to help us. But, ideally, this is what you Must do if you are involved in a bus accident. Immediately get as much information as you can, the bus number, the operator’s information, make note of any witnesses, get their information if possible. We all have smart phones these days, document as much as you can by taking photos or short videos of the accident scene and any damages. Immediately request and obtain medical assistance. Even if you are a tough New Yorker and you believe you will be OK, it is imperative that you get checked out as soon as you can to make sure you have no injuries that are not so readily apparent at the time of the accident. Have you ever gotten banged up, but only the next day began to feel the depth of the injuries? This happens all the time and often when we are in a scary accident, the adrenaline is pumping, we are happy if we can just walk away and, again, as New Yorkers, we don’t have the time to sit in an emergency room! However, make no mistake about it, the MTA will hold it against you and suggest you have no real injuries if you do not get immediate medical treatment.
And, last but not least, contact a nyc bus accident lawyer that understands accident laws and has experience in dealing with bus accidents. You will need a great lawyer to deal with the MTA because they are tough, and do not like to pay for injuries that are caused by bus operators unless they are forced to do so in a court of law. At Giordano Law Offices Personal Injury & Employment Lawyers, we have decades of experience dealing with serious bus accidents and understand the laws and the system.
How Do I Claim After a Bus Accident
Get a good lawyer to file your claim immediately, at least within 90 days of the accident. And then, you have to file your lawsuit within one year and 90 days after the date of the accident in a court of law. At Giordano Law Offices Personal Injury & Employment Lawyers, we will ensure that your claim is filed properly and on time.
What Are Some Reasons For An Accident While Driving A Bus?
There can be a lot of reasons or causes for a bus accident. Keep in mind that for the MTA to be liable and required to compensate you for personal injuries suffered as a result of a bus accident, your personal injury attorney need only show that the bus operator’s negligence was a cause of the accident, not the only cause, not the exclusive cause, but a cause of the accident. And, if another vehicle was involved in the accident whose driver was also negligent, and even more negligent than the bus driver, the MTA has to cover the full damages if the insurance of the other driver is insufficient to cover the extent of the damages.
Common Causes of Bus Accidents
Some of the common causes of bus accidents include bus driver errors or negligence. Bus drivers make mistakes. Fatigue, distraction, a failure to pay attention, or rushing are common reasons for bus accidents and even bus operator negligence. Some bus operators recklessly speed, they do not follow traffic rules, or drive aggressively. Have you ever seen a bus operator run a red light? Have you seen a bus driver pull out and hit or narrowly miss a pedestrian? Have you observed a bus hauling at an excessive speed through our city streets? It happens all the time. Mechanical failure, such as brake failures, tire blowouts, or steering problems, can cause bus accidents. Inadequate bus maintenance can also pose a risk to passengers.
If you want to learn more about this, take a look at the Federal Motor Carrier Safety Administration (FMCSA) study on the causes of bus crashes: The 2009, the FMCSA study titled “Motorcoach and School Bus Crash Causation Study” identified the factors contributing to bus crashes and found that driver error and negligence were significant factors in many cases. https://rosap.ntl.bts.gov/view/dot/16621 You can also check out the National Transportation Safety Board (NTSB) study on bus accidents: https://www.ntsb.gov/investigations/AccidentReports/Reports/SIR1101.pdf