Bus Accidents: When Common Carrier Law Applies to Your Case
- January 2, 2019
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Bus accidents are much different from many other forms of accidents that take place on our roads. When somebody is injured in a regular motor vehicle accident, they hand the case over to the insurance company and possibly an attorney who will handle aspects such as negotiation and claims resolution. However, when it comes to bus accidents, the passengers are not expected to have insurance that covers their injuries, which means that you will have a unique type of claim when it comes to moving forward after you have received certain types of injuries.
Though bus drivers are known to generally be very safe, these accidents continue to happen across our roads for various reasons. As a result, every year, many passengers on buses will receive a variety of injuries such as concussions, internal organ damage, bleeding, and even death in the worst cases. Buses are more prone to rollover accidents, which are some of the deadliest accidents that occur on our roadways. They also do not tend to have seatbelts, which means that there is a greater likelihood that, in the event of an accident, a passenger could be thrown around more easily. Today we want to focus on common carrier laws and how they apply to these unique cases.
Common Carrier Law
A bus is known as a common carrier, which is a special type of transportation that carries people to and from another place as a public service, or for a fee. City buses are known as common carriers, as they have a special schedule that they follow to take passengers to many places all over cities and beyond. Common carriers can be either private companies or public entities. These laws can be regulated under either local, state, and federal law. If you are faced with a government claim, you will find that there are many other steps that need to be taken in your personal injury case.
Common carrier types of transportation, such as buses, must always show a higher duty of care since they are offering services to the public. Failure to apply that duty of care means that negligence occurred, which is when you will be able to move forward with a claim. In bus accident cases, you might find that you can bring a claim against many types of entities such as the bus driver, the bus company, or the manufacturer of one of the parts of the bus in question. Who will be held liable depends on the percentage of fault that applies. Since a bus driver is working under a transportation company in many cases, the company will also share liability.
Government Injury Claims
If you are forced to bring a government injury claim because your claim has been denied, you will have to face an arduous process that involves many complicated laws that you might not be able to handle on your own. You will have to provide evidence and a description of events that give rise to your claim in writing. There are many strict deadlines that must be met in these cases, which is why you don’t want to stand alone during this difficult time.
New York Bus Accident Attorney
As you can see, there are many rules that play a specific role in these unique types of cases. If you or someone you love has been involved in a bus accident due to the negligence of another party, you have a right to bring a claim for compensation that you deserve. Our personal injury attorneys are well-versed in these cases and can help in your time of need. At Antin, Ehrlich & Epstein, L.L.P., we are here to help you every step of the way during this process. We have successfully handled various types of claims, including bus accidents throughout the entirety of New York. Contact us to find out how we can assist you at 212-221-5999.