In New York, if you are involved in a bus accident and you believe that the accident was caused by another party’s negligence, you may be able to file a lawsuit to recover damages for any injuries or losses you have sustained. To win a bus accident lawsuit in New York, you will need to prove that the other party had a duty to exercise reasonable care, that they breached that duty, and that this breach caused your injuries. In a bus accident lawsuit, there are several potential defendants (the people or parties being sued), such as the bus driver, the bus company, the bus manufacturer, the maintenance company, and the city or municipality responsible for the road where the accident occurred.
How Are People Injured in Bus Accidents?
There are several ways in which a person may be injured while riding on a bus. Here are a few examples:
- Collision accidents which can occur if the bus is involved in an accident with another vehicle, or if it collides with a fixed object such as a tree or a building.
- Sudden stops or turns which can cause passengers to fall or be thrown from their seats, resulting in injuries such as whiplash or broken bones.
- Mechanical failure which can result in injuries if a bus component such as brakes or tires fail while in motion.
- Slip and fall accidents which can occur if the bus is not properly maintained and there are spills or hazards on the floor.
- Assault which can occur if a passenger is physically or verbally attacked by another passenger or the bus driver.
- Lack of proper seating or handrails which can cause injuries to the passenger if they fall or are jolted around during the trip.
- Fire which can occur due to mechanical failure or other causes and can result in burns or smoke inhalation injuries.
Who is Responsible if a Bus Causes an Accident?
Bus companies have a duty to provide safe transportation for their passengers, and they must properly maintain their buses and hire qualified drivers. If a bus company is found to have been negligent in their duty to provide safe transportation, they may be held liable for any injuries that occur as a result.
In New York, school bus operators, bus drivers, and school districts have a legal responsibility to provide safe transportation for students. If a child is injured while riding on a school bus, the school district and/or bus company may be held liable for any damages if it is found that they were negligent in their duty to provide safe transportation.
For example, if the school bus driver was driving recklessly or under the influence of drugs or alcohol, or if the school district failed to properly maintain the bus or properly train the bus driver, they may be held liable for any injuries that occur as a result.
In the case of school buses, the school district or bus company may be held liable for injuries caused by third parties, such as other drivers on the road, if they knew or should have known of a potential danger and failed to take reasonable measures to protect the students.
Additionally, under the principle of “Vicarious Liability” if the school district or bus company knew or should have known that the bus driver was operating the bus in a negligent or reckless manner, and failed to take steps to prevent the accident, they may be held liable for the damages caused by the driver.
In New York State, there is a “comparative negligence” rule, which means that even if the rider, child or their parent is found to be partly at fault, they may still be able to recover damages, but the amount of damages will be reduced by the percentage of fault attributed to them.
It’s important to keep in mind that New York follows a “comparative negligence” rule, which means that if the court finds that you were also negligent in causing the accident, your damages may be reduced in proportion to your degree of fault.
It’s highly recommended to speak with an experienced personal injury attorney who understands the specific laws and regulations in New York and can advise you on your legal options and help you build a strong case.
Can I Bring a Lawsuit if I Am Injured in a Bus Accident?
Yes. There are important and complex issues that need to be evaluated related to how the accident happened, who may be at fault, and what deadlines exist to bring a claim. If you are injured on a bus, it is important to seek out a lawyer immediately. Depending on who owns the bus, like the Niagara Frontier Transportation Authority (NFTA) in Buffalo, New York or a school district, your time to bring a claim could be very short – as short as 90 days from the date of the accident.
The personal injury attorneys at The Coppola Firm have decades of experience representing people who have been injured. We are conveniently located in suburban Amherst, New York, with a ground floor office, close, free parking, and easy office access. Our lawyers will come to meet you at your home, office, or hospital, or via call or videoconference to minimize your need to travel, if you like. The lawyers at The Coppola Firm represent people across the State of New York. Speak to a Buffalo bus accident attorney today by calling (716) 839-9700 or by filling out the online contact form.
