A City Bus Sideswiped My Car While Changing Lanes In NYC. Who Is At Fault?
In NYC, the city bus driver is usually at fault for a sideswipe collision while changing lanes because New York law requires drivers to confirm that the lane is clear before merging into it. Still, liability can vary based on the strength of evidence, and in some cases, fault can be shared under New York’s comparative negligence rules.
Recognized by the Million Dollar Advocates Forum, Uptown Injury Law, PLLC, handles complex car accident cases across New York. Our legal team conducts a thorough investigation and collects strong evidence, including police reports, witness statements, bus or traffic footage, and vehicle damage analysis, to prove driver error. If you were injured in a car accident, call 917-540-8728 to seek compensation for your injuries.
Can the City or the MTA Be Held Liable for a Bus Sideswipe Accident in NYC?
Yes, the NYC or the MTA bus company can be held liable if inadequate training or poor vehicle maintenance causes a sideswipe car accident. You can also hold the NYC government entity liable if their merging driver makes unsafe lane changes or fails to check blind spots in heavy traffic.
However, to prove fault, you need evidence from the accident scene, such as photographs of vehicle damage, lane positions, bus maintenance records, and driver logs. Additionally, you must file a claim against the City or MTA within 90 days to recover economic and non-economic damages.
Does the Bus Driver Have a Higher Duty of Care in New York?
Yes, in New York, bus drivers must operate their vehicles with caution and avoid speeding or distracted driving to protect cyclists and even pedestrians from serious injuries. They are also responsible for ensuring that passengers can board and exit safely, as well as for maintaining the bus to prevent accidents.
In fact, in the Bethel v. Transit Authority case, the New York Court of Appeals ruled that bus companies must exercise reasonable care in all situations to maintain bus safety and protect passengers from harm. However, if they fail to perform their duty, it can make the at-fault driver liable. It also allows victims to pursue a personal injury claim against them for broken bones, traumatic brain injuries, or spinal cord damage.
How Can You Prove Fault in a City Bus Sideswipe Accident?
To prove fault in a city bus sideswipe accident, you must gather police reports, witness statements, and vehicle damage, which can establish liability. You should also get bus camera footage, EDR data, and company records obtained through a lawyer. Similarly, be sure to collect evidence of mobile phone use, speeding, or failure to signal, as this can strengthen your case by showing negligent driving behavior.
Moreover, you can consult an accident reconstruction expert who can analyze complex car crash data and prove fault. Besides that, the following evidence also plays an important role in proving fault in a sideswipe vehicle accident:
- Driver logs
- Training records
- Operations manuals
- Maintenance reports
- Vehicle positions, skid marks, and road conditions (weather, lane markings)
When Should You Contact A Lawyer After A Bus-Car Accident?
You should contact our lawyers immediately after a bus-car accident if you are dealing with severe whiplash, costly medical treatment, or insurance company tactics. We can help you collect and preserve evidence, develop a compelling car accident claim, and ensure your legal rights are fully protected under New York law.
Additionally, our experienced attorneys verify subpoena records, analyze accident reports, and interview witnesses to determine fault. They carefully reconstruct the accident scene and provide detailed guidance on claims involving impaired driving or traffic violations. If your loved ones are injured in lane change crashes in New York City, reach out for a free consultation with our personal injury attorney.
How Long Do You Have to File a Claim After a City Bus Accident?
In New York, you must file a personal injury lawsuit within three years of a city bus accident under New York Civil Practice Law (CPLR) §214(5). For accidents involving public buses operated by the city, you must also file a notice of claim within 90 days as required by New York General Municipal Law §50-e.
In both cases, prompt action is essential because evidence, such as police reports, bus camera footage, and vehicle accident data, can be lost over time. To overcome these challenges, you must consult an experienced accident lawyer who meets every deadline and follows all required legal procedures.
Does the MTA Have Special Rules After a Bus Hits a Car in New York?
Yes, the MTA follows strict reporting and investigation protocols, such as reviewing bus driver logs, onboard cameras, and maintenance records. Victims should also file an accident report with the NYPD and notify the MTA within 90 days of the incident. Moreover, you must call the police to create an official record, especially if the damage exceeds $1,000 or someone is injured. You should also take photos, interview witnesses, note the bus number, and record details of the scene.
Are Injury Claims Against the MTA Different From Regular Car Accidents?
Yes, in the event of injury claims against the MTA, you must submit a notice of claim within 90 days and follow specific procedures, including a 50-hour hearing. On the other hand, standard New York car accident cases allow up to three years to sue the at-fault driver.
Furthermore, public entities have special legal protections such as sovereign immunity, which makes it difficult to prove negligence. Therefore, you should collect bus maintenance records, driver logs, or surveillance footage as soon as possible for claim approval.
How Do Insurance Companies Dispute Fault in City Bus Sideswipe Accidents?
Insurance adjusters often dispute fault by minimizing driver negligence, blaming the other driver, or questioning eyewitness accounts. They may rely on incomplete police reports or false bus camera footage to reduce liability and limit payout.
Moreover, after a sideswipe collision, insurers carefully analyze accident reports, traffic laws, and vehicle positioning to challenge claims. They may also argue contributory negligence, question the timing of lane changes, or analyze the bus driver’s actions. To counter these tactics, you should document the scene immediately, collect witness statements, and consult a skilled accident lawyer.
Uptown Injury Law, PLLC, Knows How to Prove Fault in a Bus Sideswipe Accident — Get a Free Case Review!
If you’re involved in a city bus sideswipe accident, proving the bus driver’s or government entity’s fault can be difficult. You need to collect police reports, interview witnesses, and secure bus camera footage or vehicle data to prove negligence. Without the proper guidance, it would be challenging for you to get a fair settlement.
At Uptown Injury Law, PLLC, we have 15 years of experience in holding city buses and public entities accountable. Our founder, Kyle Newman, has secured over $100 million for clients in both State and Federal courts across New York. Visit us at the Bruckner Building, 2417 Third Ave., Suite 505, Bronx, or call 917-540-8728 to build a strong claim.
FAQs
What Happens If A City Bus Hits Your Car?
If a city bus hits your car, you could face serious vehicle damage and injuries. In such a case, you must document the scene, take photos, collect witness statements, and seek medical attention immediately. You should also file a claim against the bus operator or city to recover medical bills, funeral expenses, and other damages.
Who Has The Right-Of-Way When Switching Lanes?
When changing lanes, the driver already in the lane has the right of way. On the other hand, the driver who is changing lanes must yield and ensure it’s safe to merge. Moreover, you must give way to any vehicle in the lane you’re moving into, even if your lane is ending.
What If The Bus Driver Claims I Was In Its Blind Spot?
If the bus driver claims you were in its blind spot, you still have the right to prove fault. Collecting evidence, such as photos, traffic camera footage, or witness statements, can help establish your vehicle’s position. You can also consult a lawyer to analyze the bus’s blind spots and demonstrate negligence or unsafe driving practices.
Should I Call The Police After A Bus Sideswipe In NYC?
Yes, you should call the police after a bus sideswipe in NYC. A police report provides an official record of the accident, which is essential for insurance claims and legal proceedings. You should also document the scene with photos and statements before the police arrive, as this strengthens your compensation case.
What If The Bus Driver Didn’t Stop Or Deny Hitting My Car?
If the bus driver didn’t stop or denies the accident, you should gather strong evidence to hold them liable. Witness statements, traffic cameras, dashcam footage, and photos of vehicle damage can also help establish fault. Additionally, reporting the incident to authorities ensures your claim against the bus operator or city is legally valid.
Can I Get Reimbursed For Towing And Storage Fees After A Bus Crash?
Yes, you can get reimbursed for towing and storage fees if the bus operator or city is found at fault. In such cases, you should keep all receipts and documentation of the expenses. An attorney can also help include these costs in your personal injury claim to ensure recovery of your financial losses.
Will My Insurance Rates Go Up If I Report A Bus Sideswipe?
Yes, your insurance rates may increase after reporting a bus sideswipe, even if you weren’t at fault. However, the amount depends on factors such as fault, claim cost, your driving history, and the insurer’s policies. Therefore, it’s essential to report the accident to your insurer so that they can identify any insurance rate changes.
