Pedestrian Injured by BusPedestrians who are hit by a bus may suffer serious injuries. These injuries can impact your quality of life and may leave you temporarily or permanently impaired. You should know your rights with regards to filing a claim and seek immediate medical attention for your injuries. Almost every single bus has both onboard and outside surveillance cameras. These cameras serve the purpose of protecting the bus company from lawsuit, but if used properly can help you in your case. With respect to pedestrian accidents, surveillance footage can be used to see where the bus was at the time of the accident. They can be used to properly graph or outline where the bus was and whether they were at fault. MTA or bus operator law firms will routinely deny your case. Even in the face of strong evidence showing that the bus driver was at fault, they can deny your claim for damages. However, if the there is surveillance footage to show that the pedestrian was not at fault, or that they bus driver was equally negligent then it will substantially improve your odds of success. Getting access to this footage will require some legal work in order to request for production of evidence in order to view the footage. In many cases this footage will contradict the statements made by the bus driver and help you win your case. For example, if you were injured as a pedestrian, the bus driver may state that you were jay walking or not in proper walk lane or sidewalk. However, the surveillance footage can be used to refute or contradict those statements. In other instances, the bus driver may state that the automobile driver was making a illegal left turn or that the light was red, and surveillance footage can be used to identify fault. Keep in mind that these surveillance videos can also hurt your case if you are not absolutely truthful about how the accident happened.
How Long Do I Have to File A Case?You are required to file a claim for your injuries within 6-months from the date of the injury. Bus operators are considered public entities, and are required to be filed against within 6 months from the date of the accident. Unlike other personal injury cases which generally allow for two years, bus accident injuries are required to be filed within 6 months from the date of the injury. If you fail to file your claim within 6 months then you will be barred statutorily from bringing forward a claim for damages and recovery for your injuries. It is important that you file a case immediately in order to preserve the statute and avoid and filing or statute of limitation issues.
Claim for DamagesIf you have been injured, you are permitted to recover for any and all injuries suffered as a result of the accident. This includes your injuries, medical expenses, pain and suffering and other related injuries. Depending on the severity of the injury each case can be different. Make sure you seek immediate medical attention for your injuries. NEVER attempt to self diagnose your injuries. Most of the time you will need a qualified doctor or physician to give you an analysis of your injuries.
Common Injuries in Pedestrian Bus AccidentsHere are a list of common injuries and examples of possible cases where pedestrians were injured by the negligent actions of a bus operator.
- Pedestrian suffered serious injuries when bus driver ran over his leg while getting out of the bus. In this case the transit company would be held liable for damages suffered. The injuries include broken foot, hip and back injuries.
- Pedestrian was struck by the bus when she was making a left turn and the bus driver ran a red light. Initially the bus driver denied running a red light, but surveillance video showed otherwise.
- Bicycle rider was run over and killed when the bus driver failed to yield and attempted to over-pass the bike rider. Family brought wrongful death lawsuit to recover for injuries.
- Common injuries can include, fractured bone, brain injuries, nerve damage, spine injury, hand trauma, foot trauma, neck injuries and in some cases death.
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