My Car Was Rear-Ended By A Bus At A Red Light. Can The City Be Sued?
Yes, if your car was rear-ended by a city bus, you can file a personal injury lawsuit against the city or its transit authority. However, you must submit a Notice of Claim within 90 days after the bus accident under New York law. If the government agency denies your claim, you can proceed with the lawsuit within one year and 90 days.
At Uptown Injury Law, PLLC, our experienced attorneys help you manage the legal deadline after a city bus accident. We also handle the Notice of Claim process, communicate with the city’s insurance company, and protect your legal rights. Call us today at 917-540-8728 for a free consultation. Our team is available 24/7 to guide you through every stage of your claim.
What Should You Do After Being Hit by a City Bus?
After an accident with a city bus, call 911 and document the accident scene with photos and videos from multiple angles. You should also document any visible damage to your vehicle, including skid marks, debris, and hood dents. After that, check for nearby security or surveillance cameras. Then, consult a personal injury attorney to seek fair compensation. Here’s how proper accident documentation can strengthen your personal injury claim:
- Call 911: This creates an official police report documenting the bus accident and any traffic violations, which strengthens your legal and insurance claims.
- Take Photos and Videos: This visual evidence helps recreate the accident and supports insurance and legal claims.
- Seek Medical Attention: Getting medical treatment immediately helps document your injuries and connect them to the bus accident.
- Look for Nearby Security Cameras: Footage from traffic cameras, dashcams, or parking lots can clearly show the bus driver’s negligence.
- Consult Our Accident Lawyers: Our attorneys gather evidence and secure maximum bus accident compensation for your damages.
Why Rear-End Accidents Often Lead to Presumed Fault?
In New York, the rear driver is generally presumed at fault because traffic laws require drivers to maintain a safe following distance. Under Vehicle & Traffic Law § 1129(a), drivers should not follow another vehicle “more closely than is reasonable and prudent.” But this presumption is not final and can be challenged if evidence proves the lead driver acted negligently.
Which Injuries Are Common in Rear-End Bus Accidents?
Traumatic brain injuries (TBI), spinal cord damage, paralysis, or internal organ trauma are the most common bus accident injuries. You may also suffer whiplash, broken bones, head concussions, soft tissue injuries, and post-traumatic stress disorder (PTSD). Besides that, the rear-end bus accident may result in the following injuries:
- Facial cuts and bruises
- Dental injuries
- Joint or ligament damage
- Severe lacerations
- Muscle strains or internal bruising
Can Sovereign Immunity Protect The City in Bus Accident Lawsuits?
Yes, in New York, sovereign immunity protects the city and its buses from personal injury lawsuits. However, this protection has limits. For instance, if an accident resulted from operational negligence, such as a driver’s carelessness or unsafe bus operation, bus accident victims can still file a claim under New York Law.
Should You Contact A Lawyer After A Rear-End Accident With A City Bus?
Yes, you should contact an accident lawyer immediately after being rear-ended by a city bus. A lawyer investigates the crash, gathers police reports, accident scene photos, and witness statements from the other bus passengers. They also handle communications with insurance companies, identify all liable parties, and file a bus accident claim or lawsuit to help you recover fair compensation.
Moreover, our attorneys at Uptown Injury Law, PLLC, take the following steps to strengthen your case and secure a fair settlement
- Subpoena bus operator records, including driving logs, schedules, and prior safety incidents.
- Review the city transit authority and city insurance policies to determine insurance coverage limits for your claim.
- Consult medical and accident reconstruction experts to assess causation and severity of bus accident injuries.
- Track deadlines, including the 90-day Notice of Claim for city bus accidents, to protect your right to sue.
- Coordinate with third-party drivers or private bus companies if their negligence contributed to the crash.
How Long Does It Take to Settle a City Bus Rear-End Accident Claim?
A city bus rear-end accident claim in New York can take several months to over a year to settle, depending on the complexity of the case. For example, a minor collision with clear liability and minor injuries may resolve in 3–6 months. In contrast, a bus accident case involving serious injuries, long-term medical treatment can take 12 months or more to resolve.
What Compensation Can You Recover After a City Bus Rear-End Collision At a Red Light?
After an accident with a city bus, you can recover compensation for economic and non-economic losses. Economic damages cover medical bills, rehabilitation costs, lost wages, and property damage. Similarly, non-economic damages include physical pain, emotional distress, and loss of quality of life caused by the accident. In some cases, you may also be able to recover punitive damages if the at-fault driver’s actions were willful, reckless, or grossly negligent.
Is There a Cap on Damages When Suing the City for a Bus Accident in NY?
No, in New York, there are no statutory caps on damages in lawsuits involving city buses. This means courts do not limit what you can recover for medical expenses, lost wages, or pain and suffering. However, New York courts can “remit” excessive jury awards under CPLR §5501(c) if the damages awarded are considered higher than the harm proven. This judicial review ensures compensation is fair and proportional to your actual losses.
Uptown Injury Law, PLLC, Can Help You Sue the Liable Party in a City Bus Accident Claim!
After a rollover accident with a city bus, gathering evidence and negotiating with government insurers can be extremely challenging. Moreover, sovereign immunity protects the government and its employees, which may limit your ability to recover damages. You may also struggle with tracking all the legal deadlines, which can potentially weaken your accident claim.
With over 32 years of experience, our accident attorneys at Uptown Injury Law, PLLC, help you handle these challenges effectively. Recognized by the Attorney-Client Satisfaction “10 Best” Award (2021), we also guide you through pre-suit notices, handle all the legal process, and hold the government accountable for the accidents involving city buses. Call 917-540-8728 or visit 2417 Third Ave, Suite 505, Bronx, NY 10451 for a free consultation.
FAQs
What Evidence Should I Collect After a Bus Rear-End Crash?
After a city bus rear-end collision, take photos of the vehicle damage, skid marks, and road conditions. Then, gather medical records that document your injuries and treatment, and collect witness statements with their contact information. Moreover, keep documentation of lost income or missed work to support your compensation claim.
What if My Injuries Show Up Days Later After the Bus Crash?
If your injuries appear days or weeks after a city bus accident, seek medical attention immediately and document all treatment, tests, and medications. After that, notify the bus company’s insurance and your own insurance provider about your injuries to start a personal injury claim. Additionally, contact our lawyers to review your case and recover the compensation you deserve.
Can the City Deny My Claim Even if the Bus Rear-Ended Me?
Yes, the city can still deny your claim even if a city bus rear-ended you. Government agencies investigate every accident thoroughly and may dispute liability, arguing that your injuries were pre-existing. In such cases, you should file a Notice of Claim promptly to seek compensation for your accident-related damages.
Do You Need a Lawyer to Sue a Transit Authority?
No, you are not legally required to hire a lawyer to sue a transit authority. However, consulting an experienced attorney is highly recommended because transit agencies have skilled legal teams and strict procedural rules. In such cases, a lawyer can help you file the Notice of Claim on time, gather evidence, and negotiate with insurers to protect your legal rights.
Can I File a Claim if I Was a Passenger in the Rear-Ended Car?
Yes, you can file a claim if you were a passenger in a car that was rear-ended by a city bus. To file your personal injury claim, you should seek medical treatment, document your injuries, and report the accident to the insurance adjusters. You should also gather evidence and follow all filing deadlines to protect your right to compensation.
What if the City Claims the Crash Resulted From Bad Weather?
If the city bus driver claims that bad weather caused the crash, you can still hold the city accountable for the accident. New York traffic laws require a bus driver to adjust speed, following distance, and braking according to the weather conditions. Failure to do so can be classified as negligence, which makes them responsible for the crash.
Can I Claim Towing Costs and Storage Fees After a Bus Crash?
Yes, you can usually recover towing costs and storage fees, but only if they resulted from the bus accident. To recover these costs, you must keep all invoices and include them in your insurance claim. You should also take photos of your vehicle before and after the tow to prove that the towing costs are related to the bus accident.
