Bus Accident Attorney in Schenectady, NY

bus accidents

A bus accident in Schenectady is traumatic and chaotic. One moment you’re sitting in your seat, the next you’re careening through the cabin and trying to figure out what’s happening. In the aftermath, you’re likely struggling with severe injuries, expensive medical bills, and missing weeks or months of work. Where do you turn for help?

The Schenectady bus accident lawyers at Dalmata, Maloy, & Burke, LLP, understand the challenges you face and can help you recover fair compensation. Our law firm has over 30 years of combined experience and a proven track record of successfully representing individuals who have been injured in the New York Capital Region. Whether you were injured on a city bus or in a school bus accident, we’ll handle all the legal work so you can focus on healing.

Contact us today for a free, no-obligation consultation and let us help you demand the accountability and compensation you deserve. You pay nothing upfront for us to begin working on your case, and there are no fees unless we successfully resolve your matter.

How a Schenectady, NY, Attorney Can Help with Your Bus Accident Claim

At DMB Legal, we strive to make the legal process as painless as possible, and we never treat you like a case number. Our Schenectady bus accident attorneys are proud that clients we’ve helped will frequently do repeat business with us, as they know how much we value personal relationships long after their case concludes.

Some ways we can help with your bus accident case include the following:

  • Investigating the Bus Accident Thoroughly – Whether you were involved in a Capital District Transportation Authority (CDTA) bus accident in Schenectady, a school bus crash, or a collision on a charter bus, we’ll dig deep to determine exactly what happened and who’s responsible. Our lawyers can collect police reports, witness statements, traffic camera footage, maintenance records, and other evidence to support your claim.
  • Identifying All Liable Parties – Bus accident claims are often more complicated than typical car crashes because they involve government agencies, more severe injuries, and complex liability and insurance issues. We can determine whether the driver, the bus company, a government agency, or a third-party contractor was involved in the accidents.
  • Handling Claims Against Government Entities – Strict deadlines and special legal procedures apply if your accident involved a public bus. We can submit the required notices, filings, and other documentation correctly and on time.
  • Calculating Full Compensation – People who have sustained a bus injury often settle for low amounts because they don’t know how to properly evaluate the harm they’ve suffered. We’ll look at your current needs and future losses, including your pain and suffering, to maximize your claim’s value.
  • Negotiating with Insurance Companies – Insurers often try to limit payouts in bus accident claims by pressuring you into a quick settlement or using your words against you. We can stand between you and the insurance adjusters to protect your rights and fight for a fair settlement.
  • Taking Your Case to Trial – If a reasonable settlement isn’t possible, we’re fully prepared to take your case to court. We know how to present a compelling case to a judge or jury to help you win fair compensation.
  • Never Charging You Anything Upfront – You pay nothing unless we recover the compensation you deserve for your bus accident claim. We prepare and try cases at no immediate expense to our clients, as any fees are paid to the firm as a percentage of the compensation we may recover.

Reach out to DMB Legal today to schedule your free, confidential case review and discover the difference we can make for you.

Why Are Bus Accident Injury Claims So Complex?

Some elements that make bus accident cases more complicated than typical car crashes include the following:

  • Multiple Liable Parties – A bus accident may involve the driver, the bus company, the vehicle manufacturer, the maintenance crew, or even a government agency. Determining who’s at fault takes time and careful investigation.
  • Government Involvement – Special legal rules apply if a city or county operates the bus. For instance, you must file a Notice of Claim within 90 days of the accident.
  • Severe Injuries – Most buses lack seatbelts, and passengers may be standing, thereby increasing the risk of severe injuries. Greater injuries mean higher claim amounts, which means you can expect more resistance from insurers and their legal teams.
  • More Evidence to Gather – Black box data, driver logs, maintenance records, and surveillance footage are just a few of the sources you may need to prove your case.
  • Insurance Complications – Bus companies often have large insurance policies with aggressive defense teams. Your lawyer might also be dealing with multiple insurers, which makes things more complicated.

Who Could Be Held Responsible for a Bus Accident?

The party responsible for a bus accident is the one whose careless actions caused the crash. Multiple parties could also share liability, depending on the circumstances. It’s up to your attorney to investigate and identify the liable parties, which could include the following:

  • The bus driver
  • A private bus company
  • Charter or tour companies
  • A public transit agency (e.g., CDTA)
  • A school district
  • A Bus maintenance provider
  • The bus manufacturer or a parts manufacturer (in cases involving vehicle defects)
  • The driver of another vehicle that hit the bus
  • A government entity responsible for road maintenance

What Types of Compensation Could Be Available in a Bus Accident Lawsuit?

It’s essential to account for all the ways a bus accident has harmed you and the losses you might suffer in the future. An experienced attorney can make sure your bus accident compensation accounts for all your losses, including money for the following:

  • Current medical expenses
  • The cost of future treatments you need
  • Lost income while you heal
  • Reduced future earnings due to an injury or disability
  • Pain and suffering
  • Emotional distress
  • Diminished quality of life due to an injury or disability
  • The cost to repair or replace your damaged property

When you meet with us at DMB Legal, a bus accident attorney in Schenectady can assess your case to determine the compensation you may be eligible to pursue as part of your bus accident lawsuit.

What if I Am Partly at Fault in a Bus Accident?

You can recover compensation after a bus accident as long as you aren’t solely responsible. If you are partly responsible for the crash, under New York law, the court will reduce your compensation in proportion to your degree of fault.

As an example, suppose the court determines that you’re 20 percent liable for an accident, and your losses add up to $150,000. This means the court would subtract $30,000 (which is 20 percent) from your award, resulting in a net amount of $120,000.

On the one hand, this rule allows you to recover compensation even if you’re somewhat responsible for a bus accident. On the other hand, you can expect whoever caused the crash to try to shift as much blame to you as possible to reduce how much they have to pay. You’ll need a lawyer’s help to minimize your liability and maximize your compensation.

How Long Do I Have to File a Bus Accident Claim in New York?

Swift action is crucial to protect your rights after a New York bus accident. The standard deadline for personal injury lawsuits, including a bus accident lawsuit, is three years from the accident date. This is the rule in cases involving private bus companies. However, it’s best to contact a lawyer right away so they can collect and preserve vital evidence before it deteriorates.

There are much shorter deadlines in cases involving public buses, including school buses. First, you must submit a Notice of Claim against the relevant state or local government agency within 90 days. This notice outlines the legal basis for your claim and what compensation you’re seeking. The agency then has 30 days to evaluate your claim. If they reject it, you must file a lawsuit within one year and 90 days of the accident.

Missing any of these deadlines could mean you lose your right to compensation, so talk to a bus accident lawyer in Schenectady immediately after the crash.

What to Do After a Bus Accident

You might feel scared or overwhelmed after a bus accident, but you must act quickly to preserve your right to compensation and boost your chances of a successful claim. Once you’ve sought medical attention, you should do the following:

  • Save any evidence you might have from the scene, such as what you were wearing, photos or video of the accident, the names of fellow passengers or eyewitnesses, etc.
  • Follow your doctor’s orders to protect your health and show your injuries are serious.
  • Do not discuss the accident publicly or on social media.
  • Identify the company or government agency that operated the bus.
  • Track how your injuries restrict your activities and impact your daily life.
  • Preserve your medical bills, pay stubs, and other records showing your financial losses from the accident.
  • Do not talk to any insurance companies without talking to a lawyer first.
  • Speak with a reputable bus accident law firm in Schenectady.

What Are Common Types and Causes of Bus Accidents?

Common causes and types of bus accidents in Schenectady include the following:

  • Bus driver negligence (e.g., distracted, drowsy, or impaired driving)
  • Speeding or reckless driving
  • Failure to yield or obey traffic signals
  • Unsafe lane changes
  • Poor weather or road conditions
  • Mechanical failures (e.g., brake or steering issues)
  • Inadequate bus maintenance
  • Other drivers causing collisions
  • Sudden stops or turns
  • Overloaded or unbalanced buses

What Are Typical Injuries in a Bus Accident?

Passengers’ lack of seat belts and other protection on a bus means they’re much more likely to suffer severe injuries, including the following:

  • Internal bleeding
  • Internal organ injuries
  • Whiplash and other soft-tissue injuries
  • PTSD and other mental health conditions