When you’re injured in a bus accident in New York City, New York, the decisions you make in the hours, days, and weeks that follow will be important. Not only can they have serious implications on your physical health and recovery, but they will also affect your ability to recover compensation if someone else is at fault.
It’s easy to get stressed out and overwhelmed after a bus accident. That’s why our bus accident lawyers in NYC have created this simple list of things you should do, along with some things you shouldn’t do, in the wake of a collision. Keep these things in mind and increase the odds of winning your bus accident case and recovering maximum compensation.
Call 911 to Report the Bus Accident to the NYPD
It’ll be important to have a formal record of the bus accident, so make sure it’s reported to the New York Police Department (NYPD). Have someone else call or call yourself – it doesn’t matter. What matters is that a police officer and emergency medical technicians (EMTs) are dispatched to the scene as soon as possible.
The police will conduct a preliminary investigation and document important details about the bus accident in an accident report. Those details – including the time and date of the bus accident, road and weather conditions, traffic, property damage, and party information – can be invaluable when you decide to seek compensation in the future. The police report may even contain diagrams, preliminary assessments of fault, and identify citations that were issued to involved parties.
The NYPD may also notify the National Transportation Safety Board (NTSB), a federal agency responsible for investigating bus accidents. When conducted promptly, these government-led investigations can prevent the bus service from destroying valuable evidence or otherwise tampering with the scene.
Preserve Critical Pieces of Evidence at the Scene
Unless you’re transported from the scene of the bus accident in an ambulance, it can be important to take time to document the crash. Take pictures of damage to the bus, other vehicles involved in the wreck, and other physical damage at the scene. Snap photos of tire tracks and skid marks, debris, and traffic conditions. Take some photographs of your physical injuries, too.
Pictures and video footage can be invaluable pieces of evidence should you decide to pursue insurance benefits or seek damages in a bus accident lawsuit.
Seek Prompt Medical Attention – Even if It Was a Low-Impact Collision
Not all bus accidents happen at high speeds. But, low-impact bus accidents can cause serious physical harm, too. It’s common for bus accident victims to suffer from whiplash, soft tissue injuries, concussions, and other injuries, many of which might not manifest symptoms right away. Other victims can suffer internal trauma or more catastrophic injuries that aren’t visible or missed because they’re in shock.
If you get to the closest emergency room in NYC after a bus accident, you’ll take the necessary steps to mitigate your injuries. Medical professionals can conduct a series of tests and evaluations to determine if you’ve been injured, and how. Your injuries, treatment, and medical needs will be documented, and you can use your medical records to support a related claim for damages in the future.
Refuse to Take the Blame for the Bus Accident
If you’re injured as a third party outside of the bus – either in another vehicle, as a pedestrian, or as a bicyclist – there’s a chance that the bus driver or bus company might try to blame you for the collision. In New York, damages are reduced proportionately to fault, so it’ll be essential to dispute these allegations.
If you apologize for the bus accident or someone’s injuries, these statements can potentially be taken out of context and used against you. The best thing you can do is to see if anyone has been hurt and make sure that anyone who needs medical attention gets it. Other than that, refrain from talking with other parties and only provide concise, to-the-point answers when questioned by the police.
Don’t Give a Recorded Statement
The bus service or its insurance company might ask you to make a statement about the bus accident on record. Don’t give a recorded statement unless it’s something you’ve already run by a bus accident attorney near you in New York City. The insurance adjuster isn’t on your side and doesn’t have your best interests at heart. Instead, they’ll try to get you to say something on the record that hurts your ability to recover compensation from them after a bus accident.
Notify Your Insurance Company
(if You Were Driving)
If you weren’t on the bus but were still involved in a bus accident, New York’s no-fault insurance rules will likely apply. You’ll have to submit a claim for benefits with your personal insurance provider. So, it’ll be important to notify your insurance company if your car accident involves a bus. If your injuries are severe, as defined by New York State law, you can then seek additional compensation from an at-fault party – including the bus company, the bus driver, a government entity, or a negligent third-party motorist.
File a Notice of Claim with the New York City Comptroller’s Office (if Necessary)
If your bus accident involves an MTA bus or a New York City school bus, you’ll face accelerated timetables if you want to recover compensation. Government tort claims are subject to different rules and regulations. Instead of going through an insurance company or filing a complaint with the court, you must file a Notice of Claim with the government.
This Notice of Claim must be filed within 90 days of your bus accident. If you miss the filing deadline, you lose the ability to hold the MTA, Department of Education, or another government agency responsible for your injuries. If the government agency denies your claim, you’ll have additional time to pursue damages through a civil lawsuit.
Hire an Experienced Bus Accident Attorney to Represent You
Take the time you need to focus on recovering from your bus accident injuries. Leave litigation to the experienced New York personal injury attorneys at The Platta Law Firm.
We’ll investigate your bus accident independently, gather critical pieces of evidence, consult expert witnesses, and represent you during negotiations with the insurance company and other defendants. If the bus company refuses to settle, they’ll have no choice but to face our award-winning New York trial attorneys in court. As fierce advocates of NYC injury victims, we’ve won hundreds of millions of dollars in settlements and jury awards.
Contact our NYC law office at (212) 514-5100 to discuss your bus accident case for free. Members of our legal team are always available to take your call.
