Parents trust that their children will be safe when riding the bus to school. However, school busses are large vehicles that can cause severe accidents. When such accidents happen, serious injuries can be suffered by school bus passengers, pedestrians, and other motorists.
If you were hurt because of a school bus accident, you may be able to sue the bus driver if they caused the crash. However, there are other parties who may be liable. Our legal team can efficiently investigate your collision and identify who to sue.
After a school bus accident in New York, get help with your potential case by reaching out to our experienced Westchester bus accident attorneys at The Martello Law Firm. Our phone number is (914) 685-6950.
Who Do You Sue After Being Hit by a School Bus in New York?
Before filing your school bus accident lawsuit, you must determine who is at fault. Our New Rochelle personal injury lawyers can help assess fault for each of the following parties:
The School Bus Driver
First, you may be able to sue the school bus driver if they played a role in causing your crash. There are many ways that school bus drivers can cause accidents. For example, bus drivers can cause collisions driving distracted, running red lights, and travelling at excessive speeds.
Unfortunately, some drivers lack the resources to pay for collisions they cause. Fortunately, there are other parties who may be held accountable for these accidents.
The School District
You may also be able to sue the school district at-issue if their negligence contributed to your accident. For example, if a district hired a bus driver with a dangerous driving record, then they may be held liable for crashes that driver causes. Furthermore, if it can be proven that school should have been cancelled because of inclement weather, then a school district may be sued for an accident caused by poor road conditions.
The School Bus Manufacturer
If your school bus accidents happened because the bus was equipped with defective parts, then you may be able to sue the vehicle’s manufacturer. Cases filed against school bus manufacturers can be complex. In many instances, plaintiffs must present complicated evidence in order to establish defendants’ fault.
The School Bus Company
After some school bus accidents, lawsuits can be filed against negligent bus companies. Owners of school busses should perform proper upkeep and maintenance on their vehicles. When necessary services are not performed, devastating crashes can happen. For example, a collision may occur because a school bus company allowed their vehicle’s tires to wear and become slick.
Finally, in some cases, other drivers can be sued for school bus accidents. For instance, a bus driver may be struck by another motorist who ran a red light. In that case, the at-fault motorist could be held responsible for damages stemming from the accident they caused.
Can You Sue if Your Child Was Injured Because of a School Bus Accident in New York?
If your child was hurt because of a New York school bus accident, you may be able to file a lawsuit on their behalf. For your claim to be successful, you must prove that the defendant is to blame for your child’s accident. There are many types of evidence that can be used to establish fault. However, such evidence can deteriorate or be misplaced over time.
How Long Do You Have to File a School Bus Accident Case in New York?
Time windows to file specific types of lawsuits are set forth by regulations known as statutes of limitations. In New York, most school bus accident cases will be governed by C.V.P. Law § 214. Generally, you will have three years from the date of your school bus accident to file your case.
Still, there are some exceptions to the three-year deadline. For instance, after reaching adulthood, victims will have three years to file cases related to injuries they sustained as minors. Accordingly, if your child was hurt because of a school bus crash, they may be able to wait until they turn 18 to file their case.
The longer you wait, the more difficult it may become to gather evidence supporting your claim. By filing your school bus accident lawsuit right away, you may increase your chances at recovering the payment you deserve. Call the Mount Vernon personal injury lawyers today.
Damages You Can Sue for After a School Bus Accident in New York
If you were injured as the result of a school bus crash, you may be entitled to several categories of monetary damages. First, you may be compensated for economic losses you suffered because of your injuries. Such losses may include the cost of medical bills, lost wages, property damage, among other expenses. These damages can usually be established using financial records like paystubs and receipts.
Furthermore, you may be able to obtain payment for non-economic damages like physical pain and emotional suffering. For instance, a school bus accident victim may be restricted from partaking in their favorite hobbies because of the harm they suffered. In that case, the plaintiff could recover compensation related to their lost enjoyment of life.
Dangers of School Bus Accidents
School busses are large vehicles that can weigh over 10,000 lbs. Accordingly, because of their size, school bus accidents can cause devastating injuries to passengers and other motorists.
School busses largely rely on compartmentalization for protection of passengers. This means that seats are equipped with thick foam to help separate individuals. Furthermore, the busses themselves are designed to absorb external impact from other vehicles. While this design may be effective in preventing injuries during certain types of crashes, it is less efficient for others. For example, this design can be dangerous for school bus passengers that experience rollover accidents. During rollover accidents, passengers can easily strike hard objects inside of their vehicles. Furthermore, the lack of restraints on school busses may allow for passengers to be ejected.
New York School Bus Accident Victims Can Call Our Attorneys for Assistance
In the aftermath of a school bus accident, get help from our experienced Yonkers bus accident attorneys at The Martello Law Firm by calling (914) 685-6950.