Being in a bus accident is serious, and the victim will likely incur major medical bills, lose income from missing work, and suffer other losses. The victim has the right to file a claim for compensation, but there is an intricate process involved. Understanding the basic steps of a lawsuit is critical to making the strongest possible argument for damages.
Having the right attorney to walk with you through each step of the claims process will make a difference as well. Learn why bus accident victims in Nassau County and Queens count on Bornstein & Emanuel, P.C. to advocate for them.
Step 1: Get Medical Assistance
Although this should be an obvious step, unfortunately many bus accident victims neglect to seek medical attention. They may believe that they were not injured, or that their injuries were only minor. Hours and days later, however, the injuries begin to show up and worsen.
Having a doctor evaluate you after a bus crash isn’t just important for your health, it matters for your legal claim too. Failure to see your doctor may allow the at-fault parties to shift blame to you. Don’t give them a chance to avoid accountability: see a doctor right away.
Step 2: Report the Accident
You should call 911 to report the accident at the same time you seek emergency medical assistance. Let Nassau County or Queens law enforcement come to the scene, document the accident, and generate an accident report. You will want to get a copy of this report later.
Step 3: Identify the Parties
Do what you can to identify the buses that were involved, which may include those owned and operated by MTA, NICE, LIRR, or a school bus or private company bus like Greyhound. Look for identifying features on the bus and take pictures or make notes about them. Do the same for other vehicles that were involved.
Step 4: Talk to Witnesses
If there were witnesses to the accident, whether they were passengers or not, ask them what they saw and get their names and contact information. Some of these witnesses may have captured the incident on a dashcam or smartphone camera. Ask them to preserve this evidence and have your attorney contact them later.
Step 5: Document the Scene
To the extent you are able, document the accident before emergency personnel in Nassau County or Queens clear the scene. Take pictures, record videos, and make detailed notes about what happened. Include in your notes information about other vehicles that were involved, along with their drivers.
Step 6: Notify Your Insurance
You should tell your automobile insurance company about the accident, whether you were a passenger on the bus, in another vehicle, or you were a pedestrian. New York is a no-fault insurance state, so your policy may cover your injuries even if you were not driving. Follow your insurance company’s instructions about filing a claim.
However, you should be careful what you say to any insurance company. This includes your own insurer as well as insurers representing the bus company or some other party. Relay only the basic facts, do not speculate or apologize for anything, and refer the insurer to an attorney for more information.
Step 7: Understand What You Must Prove
Making a strong case after a Nassau County or Queens bus accident requires understanding the doctrine of common carriers. Buses are considered common carriers, which means they have a higher duty of care when transporting people. The common carrier rule inherent to bus accidents imposes a higher duty of care compared to other types of personal injury cases.
Your lawyer can explain what you will need to prove to demonstrate negligence, and how common carrier rules will affect your claim. Understanding your burden of proof will help you recover the compensation you need.
Step 8: Talk to an Attorney Right Away
It’s vital that you retain legal counsel early, especially if a city bus was involved in the accident. There are different rules and procedures for filing a claim against a government-owned bus. For example, the victim must file a Notice of Claim within 90 days of the accident.
Also, taking early action will make it easier for your attorney to identify the at-fault parties, acquire evidence, and quantify your medical bills, lost income, and other damages. If you were injured in Nassau County or Queens, contact Bornstein & Emanuel, P.C. today to begin working on your claim.