Bus accidents in New York can result in devastating and life-altering injuries. After getting hit by a bus, it can be challenging for victims to get the compensation they need.
Fortunately, our experienced New York personal injury lawyers can help overcome the many barriers to financial compensation. You can take several steps to support your case after getting hit by a bus. After speaking to the police and getting medical care, our team can guide you on the legal options available and whether a lawsuit is appropriate in your case.
If you were injured in a bus accident in New York, our Westchester personal injury lawyers can help you determine how best to proceed. Call The Martello Law Firm, PLLC today at (914) 685-6950 for a free case review.
What Should I Do After Getting Hit by a Bus in New York?
Getting hit by a bus is often a serious accident involving devastating injuries. While you might be reeling after a bus accident in New York, you can take several steps to help your future legal case if your injuries permit. After being hit, you should call the police to the scene and get medical treatment as soon as possible. Once your injuries have been addressed, speak with our New Rochelle personal injury attorneys to determine the best ways to recover compensation for your injuries.
Call 911
After getting hit by a bus in New York, the police should be called to the scene to investigate. This can be incredibly helpful to your personal injury lawsuit since your police report will contain crucial information, like the names and contact information of the parties involved, the bus information, and any witnesses interviewed. While it might take about a week to become available, you have a right to collect your police report, which our team can put to use in your case.
Document the Scene of the Accident
If your injuries do not prevent you from doing so, attempt to document as much of the scene as you can. The best way is to take photos and videos with your smartphone if you have one. If not, ask emergency medical personnel to take photos while treating you or see if any witnesses are willing to offer assistance. Photo evidence often goes a long way in proving a victim’s version of events and how the bus driver caused their injuries. Also, take photos of your injuries. That way, the court can see your injuries right after you sustained them.
Seek Medical Care
Medical care is often necessary after getting hit by a bus in New York. However, you should still seek medical treatment even if you think your injuries are minor. Medical examinations can turn up injuries you might not have noticed at first. Getting medical care quickly will also help show that your injuries are serious. Waiting even a short period after your accident to get medical help could open the door for insurance companies to lower the amount of compensation they offer for your injuries.
Speak with Our Personal Injury Attorneys
Once medical professionals have treated you, you should speak with our Mount Vernon personal injury attorneys to determine the next steps to take in your case. Bus accident cases in New York can be highly complex and typically involve additional barriers to overcome before compensation can be recovered. Evidence can also be notoriously difficult to gather to prove a bus accident case. Fortunately, our team has years of experience aggressively fighting for our clients and knows what steps to take to get you the compensation you need.
How to Recover Compensation After Getting Hit by a Bus in New York
Recovering compensation after getting hit by a bus in New York can be a difficult process. You will typically need to start by filing an insurance claim for damages. If insurance is insufficient to cover your injuries, you will want to consider if you are permitted to file a lawsuit.
Understanding New York’s No-Fault Insurance Rules
New York is a no-fault state. This means that victims injured in a vehicle collision must seek compensation from their own personal injury protection (PIP) insurance. You will not need to prove fault to do this, hence the name “no-fault.” No-fault insurance will cover damages, like medical expenses and lost wages, but will typically not cover you for additional damages, namely pain and suffering damages you might have experienced because of your injuries.
However, no-fault insurance rules in New York bar victims from filing a lawsuit unless they can overcome the “serious injury” threshold. If you can show you sustained serious injuries in your accident, you can file a lawsuit to recover the compensation that insurance will not provide.
Filing a Lawsuit for Serious Injuries
You would likely overcome the threshold if you suffered permanent injuries, disfigurement, loss of function in a body part, loss of limb, or a broken bone. Injuries are also serious if they cause a miscarriage or the wrongful death of a loved one. Further, if your injuries prevent you from performing your normal daily activities for at least 90 of the first 180 days following a bus accident, your injuries will be considered serious for the purposes of a lawsuit. Considering the incredible force involved in bus accidents, it is likely you will meet New York’s serious injury threshold.
However, if you plan on filing a lawsuit against the Metropolitan Transportation Authority (MTA) or another publicly owned busing company, there are additional considerations before a lawsuit can be filed. New York requires victims to notify a public busing company of its intention to sue to allow them to respond. Notice of your claim must be provided to the public busing company that owns the bus that hit you within 90 days from the date of the accident. This time can go by incredibly quickly, so contact our White Plains personal injury attorneys as soon as you can. We can help you file your notice, so you do not lose your right to recover compensation.
Our New York Bus Accident Attorneys Can Help
If you were hurt after getting hit by a bus, our Yonkers personal injury attorneys can help you file a claim to get compensation for your injuries. For a free case evaluation, contact The Martello Law Firm, PLLC at (914) 685-6950.
