Question: What should a Passenger do when they are involved in a motor vehicle accident? Or When I was a passenger in a Bus, another motor vehicle; car or truck or bus; hit/struck the Bus I was passenger on. What should I do?

Answer:

· First the Passenger needs to find and reach in a safe place. Observe and evaluate the accident scene.

· Second call 911.

· If it is safe, take some pictures and video of the accident scene or crash location, the vehicles involved, including plate numbers obtain contact information of witnesses.

· If you are injured, seek medical attention as soon as possible.

Call Bhurtel Law 212-461-4628

Question: If I go to the hospital on an ambulance who pays my medical bills?

Answer:

When a passenger is injured because of a private vehicle or bus crash, collision, and/or accident, the no fault insurance of the passenger vehicle is responsible to pay ambulance bill, Emergency medical care bill, Hospital bills, and doctor’s bills.

If the bus was owned by the public corporation or government vehicle such as New York City Transit Authority or Metropolitan Transit Authority ( MTA) No-Fault benefits are paid by the your own No-Fault Policy or Your house hold No-Fault Policy. If the passenger or passenger’s household does not have No-Fault policy at that condition, MTA or public corporation’s is liable for No-fault benefits.

Question: If Bus owner agent or investigator or wrongdoer’s investigator wants to talk with me, what should I do?

Answer:

Obtain the name, phone number, email and address of the person and his company’s name. Ask who he/she represents. You are not required to discuss how the crash, collusion and/or accident occurred or your injuries at that time with the wrongdoer’s insurance company. Do not talk with the bus’s company’s investigator, wrongdoer’s insurance company, investigator, or any other person before consulting your lawyer.

Call Bhurtel Law 212-461-4628

Investigator Insurance company agent or investigator or wrongdoer’s investigator wants to talk with me, what should I do?

Answer:

Obtain the name, phone number, email and address of the person and his company’s name. Ask who he/she represents. You are not required to discuss how the crash, collusion and/or accident occurred or your injuries at that time with the wrongdoer’s insurance company. Do not talk with the wrongdoer’s insurance company, investigator, or any other person before consulting your lawyer.

Call Bhurtel Law 212-461-4628

Question: If vehicles (car, bus, and/or truck) violate traffic signal and crashed, collided and/or hit each other, and passenger suffers injures, does the Passenger have a case or claim?

Answer:

Yes. If the bus driver or any other driver’s fault or violates traffic rules and regulations and causes a crash, collusion or accident with each other’s vehicle or Car, passenger may have claim against the wrongdoer drivers and vehicle owners. The wrongdoer’s drivers and/or vehicle owners are liable for the passenger’s serious injuries.

Question: What are the damages I can claim from the driver and/or owner of the bus or vehicle?

Answer:

1. If you suffered serious injuries, you may claim pain and suffering in addition to past loss of wages, past medical expenses and future loss of wages and medical treatment cost, from the bus driver or bus owner who caused your serious injuries.

2. If it is two bus or two vehicle crash, collision or accident caused accident and injury at that condition the passenger may claim damages from both drivers and owners of the vehicle or bus, when a passenger suffered serious injuries.

3. If your loss of wages or income and medical expenses are more than $50,000 (fifty thousand dollars), at that condition you can make a claim for future loss of wages and future medical expenses.

Question: What injuries are considered serious injuries in New York?

Answer:

New York Insurance law section 5102 (d) defines 9 categories of injuries are considered serious injuries. Following is the list of serious injuries.

1. death;

2. dismemberment;

3. significant disfigurement;

4. a fracture;

5. loss of a fetus;

6. permanent loss of use of a body organ, member, function or system;

7. permanent consequential limitation of use of a body organ or member;

8. significant limitation of use of a body function or system; or

9. a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person's usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.

10. The New York Court has been interpreting above nine categories serious injuries. The court has been interpreting various way therefore attorney’s will evaluate each injuries and find out if those injuries are considered serious injuries or not.

11. If you have any question, please contact Bhurtel Law at 212-461-4628

Question: What kind of damages or compensation the Passenger can claim in Bus or Vehicle crash, collision and/or accident?

Answer:

1. If the passenger suffered serious injury, he/she may claim various damages as per the New York State law. Following are examples of the damages.

2. Past medical care expenses

3. Past loss of wages or income

4. Past pain and suffering

5. Other Past expenses that incurred because of the serious injury.

6. Future medical care expenses

7. Future loss of wages or income

8. Future pain and suffering

Question: How much the passenger may receive compensation if the passenger injured in Bus or vehicle crash collision or accident?

Answer:

If we are unable to reach a just and fair settlement with the wrongdoer and/or wrongdoer’s insurance company, we have to present your claim before the jury to decide for the passenger’s compensation.

The jury will decide based on the evidence presented during the trial.

Question: Can anyone tell a Passenger; how much is the value of the Passenger’s case before trial?

Answer:

Generally, it is based on liability (if wrongdoer admit his/her fault) and damages (which includes, serious injuries, and nature and extent of your injuries, loss of income past and future and medical treatment cost past and future. If we cannot come to agreement with the wrongdoer, or wrongdoer’s insurance company, then the jury decides these issues at the trial. There are various other factors such as court, jury, and other factors. See also question below How much compensation a passenger can claim against the wrongdoer?

If you have any question, please contact Bhurtel Law at 212-461-4628

Question: How much compensation a Passenger can claim against the wrongdoer or bus owner or driver?

Answer:

1. Compensation includes an assessment of liability (whose fault of the accident) and includes damages (serious injury and if yes nature and extent of injuries)

2. Past medical care expenses as per the doctor, hospital, or other provider’s bill etc.

3. Past loss of wages or income, based on how much Passenger was making immediately before the accident and other factors such as how much he/she would be able to make.

4. Past pain and suffering (based on Passenger injuries, surgeries, Passenger pain and suffering, limitation or loss of daily activities, limitation, or loss of enjoyment of life, and other factors.

5. Medical care expenses for the rest of Passenger’s life.

6. Future loss of income for the rest of Passenger’s working life.

7. Further pain and suffering for Passenger’s life (based on Passenger’s injuries, surgeries, Passenger’s pain and suffering, limitation or loss of daily activities, limitation, or loss of enjoyment of life, and other factors).

8. Travel expenses to visit for medical care.

9. Necessary equipment and devices cost such as wheelchair.

10. If required nursing home care cost for nursing home care.

11. If the wrongdoer’s intentional, malicious, outrageous, or otherwise aggravated beyond mere negligence caused injury or loss to the victim at that condition victim can claim punitive damages against the wrongdoer. However, in New York it is very rare that court allows punitive damages.

12. If we are unable to reach a just and fair settlement with the wrongdoer and/or wrongdoer’s insurance company, we have to present your claim before the jury to decide for your compensation.

Call Bhurtel Law 212-461-4628

Question: What kind of remedy a Passenger or victim can claim against the wrongdoer bus owner and/or bus driver who caused injury and loss to the Passenger?

Answer:

Generally, a victim can claim compensation if he/she suffered serious injuries. The purpose of the compensation is to place the victim to the extent possible in the position that would have been occupied had the wrong not occurred or had the wrongdoer negligently did not cause injury or loss to the victim. Another words compensation should try to restore in a position where Passenger was in before the injury occurred. Another word compensation tries to put injured person at the condition of health, and income immediately before the accident occurred.

However, if the wrongdoer’s intentional, malicious, outrageous, or otherwise aggravated beyond mere negligence caused injury or loss to the victim at that condition victim can claim punitive damages against the wrongdoer. McDougald v. Garber, 73 N.Y.2d 246, 254, 536 N.E.2d 372, 374 (Court of Appeal 1989). Punitive damage is rare in New York.

Question: If a Passenger does not have immigration status, does the Passenger have a right to claim compensation against the wrongdoer bus or vehicle driver or owner?

Answer:

Yes. If undocumented or illegal alien, overstay person was suffer serious injury because of the wrongdoer’s fault caused crash, collusion and/or accident the undocumented or illegal or overstay alien may claim damages from the wrongdoer. Undocumented person is allowed to claim damages in New York.

Question: If a vehicle hit and ran the bus or vehicle that Passenger occupied, and Police did not find the wrongdoer driver or vehicle. Who pays Passenger’s medical bill and loss of wages?

Answer:

Answer: The no fault insurance of the bus, vehicle, car, or taxi of the passenger occupied, will pay such medical expenses and loss wages.

Question: How much time does a Passenger have to submit no fault notice of claim?

Answer:

Within a reasonable time but no later than 30 days from the date of accident or crash. In another words, a Passenger must submit notice of claim within 30 days from the date of accident. This is only for the purpose of No-fault benefits. Make sure you don’t miss this deadline.

Call Bhurtel Law Firm 212-461-4628

Question: If the Bus or vehicle was owned by the New York State or local government or other public corporation, does a passenger have to serve notice of claim?

Answer:

Yes. If the passenger was passenger of the bus or vehicle that was owned by the state or local government or other public corporation, at that condition the passenger must served in writing notice of claim to the State, or local government or another public corporation whoever is the owner of the vehicle. Notice of claim must serve within the time provided by the law. Notice of claim must set forth all claims that are required under the law. The passenger must serve notice of claim as required by the law. The claimant must file or serve written notice of claim designated place, within time, claiming necessary information required by the law.

Question: When does the passenger serve the written notice intention to file a claim upon New York State or local government?

Answer:

The New York State’s The General Municipal Law section 50-e requires that a Notice of Claim be served within 90 days after the claim arises. The claims normally arise on the day of the vehicle crash, collision, and/or accident. Other various laws provide due dates to file notice of claim.

If the passenger’s injury was caused by the negligence or unintentional tort of the New York State or officer, or employee, the passenger must file notice of the claim within 90 days after the accrual of such claim, upon the New York State. New York Court of claims Act § 10.

Failure to file notice of claim on time may result in a dismissal of the case.

Question: When does the passenger serve the written notice of intention to file a claim upon New York City Transit Authority ( NYCTA)or Metropolitan Transportation Authority (MTA)?

Answer:

The New York State’s The General Municipal Law section 50-e requires that a Notice of Claim be served within 90 days after the claim arises. The claims normally arise on the day of the vehicle crash, collision, and/or accident. Other various laws provide due dates to file notice of claim.

If the passenger’s injury was caused by the negligence or unintentional tort of the Metropolitan Transit Authority or New York City Transit Authority owned and/operated bus or vehicle crash, collision or accident caused the passenger’s injury, the passenger must file notice of the claim within 90 days after the accrual of such claim, upon the Metropolitan Transportation Authority, MTA Bus Company and NYCTA, Manhattan and Bronx Surface Transit Operating authority (MaBSTOA), Staten Island Rapid Transit Operating authority (SIRTOA) and/or other agency which owned the Bus or Vehicle. https://new.mta.info/

Failure to file notice of claim on time may result in a dismissal of the case.

Question: If a Passenger makes a claim of compensation against the wrongdoer bus or vehicle after a motor vehicle crash or accident, does the compensation claim affect the Passenger’s immigration petition or status?

Answer:

Generally, it does not affect the Car Driver’s immigration petition because of the compensation claim.

If Car Driver is able to receive amounts of the money as compensation that Car Driver can invest as per the immigration law, Car Driver may be eligible to receive green card based on investment visa if Car Driver are not barred by other requirement of immigration law. Family petition there is no effect from injury claims. However, if your employer is filing a petition for a work visa or green card. Because of the crash, collision and/or accident you suffered serious injuries, and you can not work the duties assigned by your employer at that condition it may impact your green card or work visa application. You must consult with a lawyer who knows both immigration law and personal injury law. Bhurtel Law has both areas of the expert lawyer including Immigration law and personal injury law.

Call Bhurtel Law if you have more questions, 212-461-4628

Question: Do I have to contact a lawyer?

Answer:

If Passenger is injured because of a motor vehicle crash, accident, or collision, Passenger should consult a lawyer.

Call Bhurtel Law Firm 212-461-4628.

This is not legal advice. This is an attorney advertisement. If you have specific questions about your accident, contact our office, we will provide advice.

Fighting for full compensation for your bus accident injury

A bus can cause many different types of accidents and injuries. You may be crossing the street, driving your car or even riding the bus when an injury occurs. If the bus driver was negligent and at fault, it is an injustice to you.

Bhurtel Law Firm helps you recover medical costs, lost wages and other expenses caused by your auto accident. Our personal injury lawyers have experience analyzing evidence and negotiating with insurance adjusters. We work hard for you to win the compensation you deserve for your injuries. We represent auto accident cases that occurred in the New York City Area (Manhattan, Brooklyn, Queens, Bronx and Staten Island), Nassau, Suffolk and all areas of New York State.

Our auto accident lawyers are accomplished negotiators and litigators. We handle bus accidents involving:

· Head-on, side- and rear-impact collisions

· Texting while driving

· Drunk driver

· Hit and run

· Pedestrian injury

· Bicycle collision

· Motorcycle Accident

· Rollovers

· Asleep at the wheel

· Road rage

· High-speed crash

· Cab driver negligence

· Commercial driver negligence

· Sudden stops

· The driver pulling away too soon

· Ignoring traffic signals

School and transit buses are involved in the most fatal crashes. The U.S. Department of Transportation has reported that there are about 63,000 crashes each year involving buses, including:

325 with fatal injuries
14,000 with nonfatal injuries
48,000 with only property damage

Bus Accident Lawyer in NY State

As cities grow, more people are at risk of becoming a victim of a bus accident. Our attorneys handle many types of claims involving buses, including:

School bus: Any public or private school providing bus service for K-12 students
Transit bus: An agency or company providing bus service over fixed, scheduled routes in urban areas
Intercity bus: An agency or company providing bus service over fixed, scheduled routes between cities
Charter/tour bus: A company providing bus service for a tour group
Private bus: Any private company or organization that provides bus service to its employees, members or customers

What should I do if I’m in an auto accident?

Any information you provide to your insurance company could be detrimental to your accident claim. To protect your interests, our personal injury lawyers recommend that you take the following steps after being involved in an accident:

Report the accident: Call the police and document the facts by filing an accident report. This will help determine who was responsible.

Contact a lawyer: Do not give statements to an insurance company or sign any documents without first getting legal advice.

Get medical attention: Seek a medical professional immediately after the accident to determine the impact of your injuries.

Keep records: Take photos of the accident scene and gather information from the at-fault driver and any witnesses.

What compensation can I receive for my car accident injuries?

If you can prove the other driver’s liability, you may receive compensation for economic damages caused by your personal injury, including medical bills, lost wages, and the ability to earn future wages. If you have a serious injury, such as a disfigurement or dismemberment, you can receive compensation for pain, suffering and the loss of enjoyment of life.

What percentage of auto accident lawsuits settle out of court?

Insurance companies want to settle your case as quickly as possible because settlements are lower than jury awards. According to The New York Times, 80 to 92 percent of all cases settle out of court. Legal experts estimate that more than 90 percent of auto accident injury cases settle without going to trial.

To start the settlement process, our attorneys send a demand package to your insurance company, containing a monetary demand. We may ask for the entire policy limits of the at-fault driver, but the amount depends on the facts of the accident and the extent of your injuries. Normally, the insurance company takes 30 to 60 days to review the demand. During the process, we explain the strengths and weaknesses of your case to you and make recommendations about accepting a settlement.

You make the final decision to accept a settlement. Settling has distinct advantages, including:

· Attorney fees and costs are much lower

· Litigation stress is avoided

· Payment is obtained quickly

· Amount is in your control, not a jury’s

Contact us for a free consultation — we are ready to pursue your auto accident claim!

Mr. Durga P. Bhurtel has been selected for Top 50 Settlement Attorney of New York for 2018 and 2023

Bhurtel Law Firm provides flexible hours at its office in NYC. Our attorneys serve clients in New York City Area (Manhattan, Queens, Brooklyn, Bronx, Staten Island), Long Island (Suffolk and Nassau), and the entirety of New York State. If you cannot make it to our office, we come to your home.

Contact us by email at info@attorneybhurtel.com or call us at 212-461-4628. In personal injury cases, we offer free initial consultations and are compensated on a contingency-fee basis, which means you owe us nothing unless you receive compensation. We speak English Nepali, Hindi, and Urdu.

Please be advised that past results do not guarantee future results. Please take notice that this is not legal advice. This is an advertisement. If you need legal advice, please contact Bhurtel Law Firm.

Bus Accidents

12/21/2022

BUS ACCIDENTS and Passenger injury

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