New York Bus Accident Lawyer

Bus Accident Laws in New York

Levine & Blit’s NYC bus accident attorneys are well-versed in the complex statutes and regulations governing bus operations. Our legal team understands the nuances of New York’s bus accident laws and uses this knowledge to build strong cases for our clients.

Higher Standard of Care

Under New York law, bus operators are considered “common carriers,” which means they owe a heightened duty of care to their passengers. This higher standard of care obligates bus drivers and companies to take all necessary precautions to prevent accidents and ensure the safety of their passengers. This duty is outlined in New York’s Vehicle and Traffic Law (VTL) § 1180, which governs the operation of vehicles on the state’s roadways, including speed limits and safe driving practices.

Liability and Negligence

In cases where a bus accident occurs due to the negligence of the bus driver, the bus company, or another party, the injured victims may file a personal injury lawsuit under New York’s negligence laws. To establish liability, the plaintiff must prove that the defendant breached their duty of care, directly causing the injuries. This is covered under New York Civil Practice Law and Rules (CPLR) § 1411, which addresses comparative negligence, meaning that even if the victim is partially at fault, they can still recover damages, though the compensation may be reduced by their percentage of fault.

Statute of Limitations

Victims of bus accidents in New York generally have three years from the date of the accident to file a personal injury lawsuit, as per CPLR § 214. However, if a government entity, such as the Metropolitan Transportation Authority (MTA), is involved, a notice of claim must be filed within 90 days of the accident, and the lawsuit must be initiated within one year and 90 days, according to New York’s General Municipal Law § 50-e and § 50-i.

Insurance and Compensation

New York’s No-Fault Insurance Law (Insurance Law § 5102) also applies to bus accidents, meaning that injured passengers can receive compensation for medical expenses, lost wages, and other economic losses regardless of who was at fault. With that said, for non-economic damages like pain and suffering, the victim must meet the “serious injury” threshold defined in Insurance Law § 5102(d) and recover damages through a personal injury claim.

Potential Liable Parties in New York Bus Accidents

In the aftermath of a bus accident in New York, determining liability can be complex due to the involvement of multiple parties. Our New York bus accident attorneys at Levine & Blit will identify and pursue claims against all responsible parties to maximize the damages our clients can recover.

• Bus Driver: If the bus driver’s negligence—such as speeding, distracted driving, or violating traffic laws—caused the accident, they can be held personally liable for the resulting damages.
• Bus Company or Operator: The bus company may be liable if it failed to properly maintain the bus, negligently hired or trained the driver, or violated safety regulations. This applies to both private bus companies and those operating interstate buses, which may be subject to federal regulations. As the employer, the company is often held accountable for the actions of its drivers under the legal doctrine of “vicarious liability.”
• Municipalities or Government Entities: When the bus involved is operated by a public entity, such as the MTA, the New York City Transit Authority, or a public school district, the government entity may be liable if the accident was caused by factors such as poor road maintenance, inadequate bus maintenance, or driver negligence. Claims against government entities are subject to strict notice and filing requirements, making it essential to act quickly.
• School Districts: In cases involving school bus accidents, the school district may be held liable if they fail to properly vet the bus driver, maintain the bus, or ensure the safety of student passengers. Given the duty of care owed to children, a school bus accident will involve heightened scrutiny of the responsible parties.
• Bus and Parts Manufacturers: In cases where the accident was caused by a defect in the bus or its parts (such as brake failure or tire blowouts), the manufacturer of the bus or the defective part may be held liable under product liability laws. A personal injury lawyer can help bus accident victims file a product liability lawsuit in these types of bus accident cases.
• Maintenance Contractors: If a third-party company was responsible for the maintenance of the bus and failed to perform adequate repairs or inspections, they might be held liable if mechanical failure contributed to the accident. This is particularly relevant for both school buses, where regular maintenance is critical for student safety, and interstate buses that travel long distances and require consistent upkeep.

Why You Need Our New York Bus Accident Lawyer on Your Side

Pursuing a claim for damages in a bus accident in New York City is no simple task, and having high-powered legal representation is vital. Here’s why you need the dedicated New York bus accident lawyer at Levine & Blit:

Commercial Bus Accident Claims are Complicated

Bus accident claims are often more complex than typical motor vehicle accidents. Multiple parties could be involved, including bus drivers, bus companies, government entities, and third-party maintenance providers. These claims for serious injuries require a deep understanding of commercial vehicle regulations and New York law, making it essential to have attorneys who specialize in this area.

Critical Evidence Can Disappear Fast

Key evidence in bus accidents, such as black box data, surveillance footage, employment records, hours of service logs, and accident reconstructionist reports, is vital for building a strong case. However, this evidence can quickly be lost, destroyed, or altered. Our New York bus accident lawyer acts swiftly to secure and preserve this evidence, ensuring that nothing critical is overlooked in your claim.

Bus Companies and Insurers Regularly Deny Liability

Bus companies and their insurers often employ aggressive tactics to deny liability or minimize the compensation owed to victims. They may argue that the bus driver was not at fault, or that other factors caused the accident. Our New York bus accident attorney is skilled in countering these strategies, using our legal expertise to hold these companies accountable.

Bus Accident Trial Preparation Requires Extensive Resources

Preparing for a court battle in a bus accident lawsuit demands significant resources, from hiring expert witnesses to conducting thorough investigations. At Levine & Blit, we have the resources and experience needed to take on powerful bus companies and insurance providers. Our comprehensive trial preparation ensures that we are ready to fight for maximum financial recovery, whether through settlement negotiations or a jury verdict. For a free case evaluation, call Bruce directly at 516-987-8790.