Damages in Long Island Bus Accident Cases

Bus accidents, no matter where you are, can be an experience that alters lives. This includes passengers, drivers, or even nearby pedestrians. Severe injuries and property damage can occur in the event of an accident that involves large commercial or public transit vehicles. If you are a victim of a bus accident, legal options might be available.

It begins with this guide to determine if you have a case. For further questions, you can consider consulting Duffy & Duffy. Our skilled lawyers have secured damages in Long Island bus accident cases and understand the complex obstacles that stand in the way.

Bus Accidents and Their Unique Nature

Bus accidents and typical car crashes are different from one another beyond the vehicles that are involved. One major thing that stands out is the legal complexities that exist. Buses are “common carriers” as listed under New York law. Specifically, they owe a heightened duty of care because they hold passengers while drivers need to be cautious of others on the roadway as well in terms of safety.

Buses can be owned and operated by government entities such as the MTA (Metropolitan Transportation Authority). If a bus from this and related entities are involved in an accident, there are unique rules that need to be followed, especially when it comes to notice requirements and file deadlines. The State of New York requires you to file a Notice of Claim within 90 days if you were involved in a bus accident involving a vehicle that is owned and operated by a public entity.

Who can be injured in a bus accident?

• Bus passengers
• Drivers and passengers in other vehicles
• Pedestrians and cyclists
• Bus drivers

One thing to keep in mind is that not everyone involved in Long Island bus accidents may have the same path to pursue compensation. This may be due to factors including who is at fault, the severity of the injuries sustained, and more. For this reason, victims can seek assistance from an experienced Long Island bus accident lawyer who will help them navigate through the complex legal process that happens in such cases.

What Are the Types of Damages in Bus Accident Cases?

If you pursue a claim, it is important to know the types of damages that exist. There are two types of damages in the following categories: economic and non-economic. Rarely, punitive damages can also apply as well. Here is a closer look at each type of damages to be aware of in Long Island bus accident cases:

Economic damages

These damages pertain to financial losses that are actual and measurable. It is important that when filing a claim, you will need the appropriate documentation. An attorney highly recommends that you consider the following documentation for bills, receipts, pay stubs, and expert testimony, as it may help strengthen your case. Economic damages cover the following:

• Medical expenses: This covers emergency room visits, surgeries, hospitalizations, diagnostic tests (MRIs, X-rays, etc.), medications, physical therapy, long-term care, future medical care, etc. Keep in mind that bus accidents can result in injuries such as broken bones, spinal cord damage, traumatic brain injuries, and internal injuries. All of these will require medical treatment.
• Lost wages and future earning capacity: If you miss work due to injuries sustained in a bus accident, albeit temporarily or permanently, the pursuit of compensation due to lost wages and dwindling future earning capacity is a potential option. A Long Island personal injury attorney can investigate how much you stand to lose over time because of your inability to work. You may be using sick or vacation days to cover the time off or have an inability to return to the same work. Depending on the situation, Duffy & Duffy works tirelessly for the compensation that will cover you.
• Property damage: If your vehicle or personal belongings sustained damage, repair and replacement costs may be covered if you seek compensation.

Non-economic damages

While less tangible than economic damages, they are just as impactful. Such damages will be varied based on individual circumstances and other factors. This can include but not be limited to:

• Pain and suffering: This includes physical pain, discomfort, and even chronic conditions linked to injuries from the accident. Other factors include the injury severity, recovery time, and the degree of long-term disability.
• Emotional distress: A traumatic incident like a bus accident can cause psychological issues. This includes the development of anxiety, depression, or even post-traumatic stress disorder (PTSD). Due to the mental toll of the incident and the aftermath, victims suffering with this type of distress can be compensated.
• Loss of enjoyment of life: This includes the inability to participate in hobbies or activities you usually love. For example, a person injured in a Long Island bus accident may be a parent who can no longer play with their children or enjoy their favorite activities. Compensation may be possible for such losses.
• Loss of consortium: A victim’s injuries can lead to a loss of companionship, support, or intimacy with their spouse. As a result, their partner may seek damages.

Punitive damages

While they are not awarded for victim compensation, this can be used to punish events of malicious or egregious negligent behavior. Bus accidents will rarely have such behavior like this, making the likelihood of punitive damage awards lesser than other damages. However, punitive damages may be factored in if:

• A bus driver is operating under the influence of any alcohol or drugs
• A transit company intentionally violated federal safety regulations
• Repeated mechanical failures that are often ignored by fleet managers

What Factors Influence Damage Awards?

There are several factors that go into the amount of damages that are awarded to victims of a Long Island bus crash. This can include the following:

• Liability and comparative fault: In the State of New York, there is a rule known as pure comparative negligence. This is defined as a rule where you can still recover damages, but a percentage of them can be docked depending on how much at fault you were for the incident. For example, if you were found to be 20 percent at fault and received a $10,000 damage award, you would receive $80,000.
• Severity and permanence of injuries: Serious injuries resulting in permanent disability or disfigurement can be subject to higher compensation. This can be due to future expenses such as long-term medical care and other related financial situations.
• Insurance coverage: Bus operators, either employed by private or public entities, will have insurance policies that carry a substantial amount. If a claim is made against municipal entities, sovereign immunity rules may apply. This means that damage amounts may be capped or legal action needs to be taken quickly. Once again, an example of this is New York’s Notice of Claim law where you need to file one within 90 days of the incident.

How a Bus Accident Attorney Can Maximize Claims

Pursuing fair compensation is more than just filing paperwork. This includes other parts of the case where a skilled Long Island bus accident attorney can help you navigate through the complex obstacles and secure compensation. These include the following:

• Investigating the crash: Attorneys like ours at Duffy & Duffy will work with accident reconstruction experts to help determine the cause of the crash. This can be due to road hazards, faulty equipment, or even driver error.
• Determining fault: Multiple parties may be at fault for a Long Island bus accident. This may include the bus driver, bus company or transit authority, other negligent drivers, maintenance contractors, or even bus part manufacturers.
• Negotiating with insurance companies: Insurers are notorious for their lowballing attempts for payouts. For this reason, our skilled attorneys at Duffy & Duffy can handle the negotiations on your behalf and push for a settlement that reflects the extent of your damages.
• Litigation or legal representation: If there is no fair settlement, the case can be taken to court where our lawyers present evidence. While most bus accident cases can be determined outside of the courtroom, there may be times where they can be heard in a court of law.

Need Help Securing Damages After a Long Island Bus Crash? Contact Duffy & Duffy

After a bus crash, the last thing you need to do is tackle a potential legal situation alone. Duffy & Duffy has experienced qualified attorneys who are able to take on your case. If you are seeking damages in a Long Island bus accident case, be sure to contact us.