Fighting for Victims in
Times of Need
Times of Need
Bus Accidents
While bus accidents in Westchester County and across New York state are far less common than car accidents, when they do happen the results can be devastating. In addition, getting justice and compensation after a mass transit accident, school bus accident, or charter bus accident can be complicated, which is why our law firm, The Law Office of Mark A. Siesel, stands with victims.
What Causes Bus Accidents?
Bus accidents happen for many of the same reasons as other vehicle crashes, but the consequences are often more serious due to the size and weight of the vehicle. The fact that most buses do not have seatbelts and usually contain multiple passengers and may contain loose items such as luggage also adds to the risk.
Some of the most common causes of these vehicle accidents include:
- Driver distraction or fatigue.
- Speeding or aggressive driving behavior.
- Unsafe lane changes or failure to yield.
- Poor maintenance or mechanical issues.
- Inadequate driver training.
- Hazardous road or traffic conditions.
While not every accident can be avoided, many stem from preventable mistakes.
Who May Be Responsible?
One of the first steps in any bus accident case is determining who should be held accountable. Depending on the situation, that may include:
- The bus driver.
- The company that owns or operates the bus.
- A public transit authority.
- A third-party maintenance provider.
- A manufacturer, if a defective part contributed to the crash.
New York applies a rule known as pure comparative negligence. This means you may still recover damages even if you were partially responsible for what happened. Any compensation would simply be adjusted based on your share of fault.
The Types of Cases We See
Bus accidents can take many forms, and each presents its own challenges. Our firm assists clients with cases involving:
- City and public transit buses.
- Charter and tour buses.
- School bus incidents.
- Pedestrians or cyclists struck by buses.
- Multi-vehicle crashes involving commercial buses.
- Injuries while boarding or exiting a bus.
Case law can affect your claim, too. For example, case law requires the bus driver to make sure passengers are properly seated, unless there are no seats available, before he proceeds with the route. We have taken on cases where a driver failed to provide this type of warning.
Injuries Can Be More Serious Than You Expect
Because buses don’t always have seat belts and often carry standing passengers, even a sudden stop can cause significant injuries. In more serious collisions, the impact can be severe. We frequently see injuries such as:
- Head injuries, including concussions and traumatic brain injuries.
- Back and spinal injuries.
- Broken bones.
- Emotional trauma.
- Soft tissue injuries like whiplash.
- Internal injuries.
Some injuries appear minor at first but worsen over time. That’s why getting medical attention right away is so important.
What You Should Do After a Bus Accident
The two most important things you need to do is to seek medical attention for any serious injury and to get as much documentation as possible. If at all possible, start taking lots of photos of the scene. Take pictures of the bus, any other cars involved, and your injuries. Secure the names, addresses, phone numbers and emails of witnesses who observed what happened or who helped you at the scene. Keep track of any medical reports and appointments as well as your injuries. There is no such thing as too much documentation and information. Your lawyer can use all the details to build a compelling case on your behalf.
It is also important to consider your legal rights early. If you have been in a bus accident involving a municipal bus, there is a 90-day Notice of Claim requirement, so act quickly to protect your right to compensation. Even if the bus was owned by a private company, the sooner you consult with an attorney, the more effectively your lawyer can secure evidence before it is erased or goes missing.
What Compensation Might Cover
After a bus accident, the financial impact can add up quickly. A personal injury claim may help address both immediate and long-term losses. Depending on your situation, compensation may include pain and suffering, past and future medical expenses, lost wages and loss of earning capacity, property damage, and incidental expenses.
How the Law Office of Mark A. Siesel Supports You
Our approach is straightforward: we focus on understanding your situation and helping you move forward with a claim so you can seek fair compensation. We know that the financial and emotional impact of an accident can be devastating, which is why we work to take the burden from your shoulders. You work directly with your attorney and we always reply to your emails and calls within 24 business hours—and often on the same day—so you’re never left in the dark.
FAQs
How is fault handled if a bus suddenly stops and I’m injured as a passenger?
Not every injury on a bus involves a collision. Sudden stops can still lead to valid claims, but the legal standard is slightly different. Courts often look at whether the stop was “unusual or violent” compared to normal bus operation. If the stop was abrupt due to driver error or avoidable conditions, liability may still exist, even without a crash.
Can I still bring a claim if I didn’t realize I was injured until days later?
Yes. Adrenaline and shock can mask symptoms immediately after an accident. What matters is whether there is a clear connection between the incident and your injuries. Seeking medical attention as soon as symptoms appear helps establish that link.
What happens if multiple passengers are injured in the same bus accident?
When several people are injured, claims are typically handled individually, even if they arise from the same incident. However, insurance coverage may be shared across multiple claims, which can affect how compensation is distributed.
Are bus companies allowed to limit their responsibility through tickets or disclaimers?
In many cases, no. While some private carriers include disclaimers on tickets, these do not automatically eliminate liability for negligence. Public policy generally prevents companies from avoiding responsibility for unsafe practices, especially when passenger safety is involved.
If I was standing on the bus, does that weaken my claim?
Not necessarily. Standing passengers are common on city buses, and transit operators are expected to account for that. The key question is whether the driver operated the bus in a reasonably safe manner and whether other potentially liable parties met the duty of care they owed to you.
What if the bus driver claims another vehicle caused the crash?
This is a frequent issue in multi-vehicle accidents. Even if another driver contributed, that does not automatically remove responsibility from the bus operator or company. Liability can be shared among multiple parties, and each may be responsible for a portion of the damages.
Do bus accident claims usually settle, or do they go to court?
Many claims are resolved through settlement, but bus accident cases are often more contested than standard vehicle accidents. Government entities and large carriers may be less inclined to settle quickly. Your lawyer can prepare you for different outcomes.
Is there a difference between being injured on a school bus versus a city bus?
Yes, especially when minors are involved. School bus cases may include additional considerations related to supervision, safety protocols, and the responsibilities of school districts or contractors.
What if I didn’t report my injury to the bus driver at the scene?
While it’s helpful to report injuries immediately, not doing so doesn’t automatically prevent a claim. Many people don’t realize they’re hurt right away or are focused on getting home safely. Some are taken to a hospital and are too injured to report the injury. What becomes important later is how well the incident and your injuries can be documented through medical records and other evidence.
What happens if a bus accident involves a construction zone?
Construction zones introduce additional layers of responsibility. Contractors, municipalities, and traffic control providers may all play a role. If signage, barriers, or lane changes were unsafe, liability may extend beyond the bus operator to the construction company or other liable parties.
Can a bus accident claim involve mechanical or design issues?
Yes. If brakes fail, doors malfunction, tires blow out, or another mechanical issue contributes to the accident, the claim may involve maintenance providers or manufacturers.
Can traffic patterns or route design play a role in an accident?
They can. If a route is known to be hazardous due to poor design, visibility issues, or congestion, those factors may be considered. In some cases, responsibility may extend to entities involved in planning or maintaining roadways. Even municipalities may be liable parties.
What if the accident happened during a detour or route change?
Detours can introduce unfamiliar conditions for drivers, including altered traffic flow or unclear signage, which can increase the risk of a collision. If a route change contributed to confusion or unsafe operation, it may become a relevant factor in determining fault.
How are cases handled if the injured person is a tourist or from out of state?
Being from out of state doesn’t prevent you from bringing a claim in New York. However, it can affect logistics, such as attending proceedings or coordinating medical documentation. It can even make it more difficult for you to determine what attorney to contact. You can always contact our law firm, The Law Office of Mark A. Siesel, if you’re not sure where to turn.
What if I don’t remember exactly how the accident happened?
This is common, especially in sudden or traumatic events. A crowded bus can also make it hard to see exactly what happened. A lack of clear memory doesn’t mean you don’t have a case. Your lawyer can help build your case on other evidence, including video footage and physical data.
Are there situations where a bus company might settle quickly?
It can happen, particularly when liability is clear and well-documented. However, in many cases, companies will first evaluate the strength of the claim and the potential exposure before making any meaningful offer. Insurance companies also often fight back, which is why working with an experienced attorney is important.
Can prior injuries affect a bus accident claim?
They can, but you may still have a claim if the accident worsened a pre-existing condition. If it did, that aggravation may still be compensable.
Consult With a New York Bus Accident Lawyer
If you’ve been injured in a bus accident, it’s normal to not be sure about whether you want to file a claim or accept an insurance offer. You don’t need to have everything figured out before reaching out, but our team at The Law Office of Mark A. Siesel recommends you at least consult with us before making a statement to insurers or signing any paperwork. Consulting with us early helps you protect your rights, and it costs nothing. Schedule your consultation today.