If a bus injures you, you need a New York Bus Accident Lawyer. When an innocent person gets injured, there is a single universal truth – that person is the underdog. This is true no matter what. They stack the cards against you. In a perfect world, large insurance companies would have the proper compassion for the people they injured. They don’t. What’s worse is that most of the time big companies are often provided extra protection from the law. Everyday people simply don’t get these protections. How does this happen? It happens because over years and years of lobbying, these large companies and entities can change the law in their favor. This makes it harder for injured people to get the help they need. it also makes it hard for them to get the compensation they deserve. The result is a system where, from the get-go, injured workers fall behind the 8-ball.
NYC Accident Lawyers know this happens all the time. For a perfect example of this phenomenon, look no further than this recent personal injury court case decision from the Appellate Division in New York. In New York, there are three levels of courts. The Appellate Division is the second level consisting of a group of judges whose job it is to ensure fairness. Luckily, they helped this time.
Accident Lawyers in Action
In a recent case a bus driver injured one of the passengers in a New York City bus. Shortly after boarding the bus, the bus stopped quickly and abruptly. The stop threw the client to the ground . As a result, she suffered significant injuries. The New York City Transit Authority drove the bus. Unfortunately, rather than take responsibility for the negligent driving, the Transit Authority asked the judge to dismiss the case.
New York Bus Accident Lawyers are aware of this normal defense attorney tactic. They use the law, shaped against injured people, to try and either reduce the value of a case. The Transit Authority used a special provision of the law which states that the bus must have stopped in an “unusual and violent” way. Normal drivers do not receive this kind of protection. This is special just for “common carriers.” If a normal person like you or I was driving a vehicle, we do not get the same benefit. The Transit Authority argued that they did nothing wrong, but if they did, there was a reason for it. This kind of doublespeak is common among defendants, especially those given extra protection by the law. Often times, if this argument is not opposed by a skilled Lawyer, judges agree with the defendants.
The Result
Unfortunately for the injured victim, the judge in the lower court bought these arguments and dismissed the case.
Had this decision not been appealed and argued, the injured victim’s case would have been lost. However, they did appeal the judge’s decision.
After careful consideration, the Appellate Division found that the Transit Authority cannot have it both ways. Thankfully, they reversed the lower court’s decision and, as a result, the injured person was allowed to continue the claim.
The Lesson
New York Bus Accident Lawyers know defendants do this every day. The number of injured victims taken advantage of by the defendants and the law itself is staggering. Additionally, good attorney who knows the law and has experience fighting these exact fights is essential in making sure that justice is served. Finally, It is vital that you know your rights and have someone fighting for you who is experienced, knowledgeable and compassionate. Call us for more information.
