Victims of bus accidents in New York have a right to legal action. The negligence resulting in a bus accident can see certain parties take on responsibility for the losses you and your family endured. Who specifically, though, can you assign liability to in the wake of a bus accident?
This question has complicated personal injury cases addressing bus losses throughout New York. The rise of the independent contractor paired with corporations’ desire to avoid liability can leave many bus accident victims feeling lost When approaching a civil case. Fortunately, bus accident attorneys in New York can guide you through the process of assigning fault for your losses.
What Role Do Bus Drivers Play in New York Bus Accidents?
Bus drivers operate as unique parties in New York. Their position within a company depends on that company’s hiring preferences. Put another way, some bus drivers in New York can operate as full or part-time employees with an agency. Others may operate as independent contractors.
If a bus driver operates as an independent contractor, they are not considered employees of a company within the eyes of the law. Should independent contractors get into accidents with other vehicles, pedestrians, bicyclists, or related parties, then the independent contractor is responsible for their own legal representation.
Comparatively, bus drivers who operate as qualified employees under a corporation’s banner may benefit from corporate protections in the wake of an accident. Specifically, institutions like Greyhound or city buses may rely on in-house legal teams to support their bus drivers if accusations of liability for an accident come their way.
Insurance, Independent Contractors, and Bus Accidents in New York
Just because an independent contractor doesn’t benefit from protections from the corporation’s legal team doesn’t mean that that party isn’t insured through a corporation. If you want to file an insurance claim against an offending bus driver after an accident, you may do so through a corporation. That said, independent contractors must be covered by a corporation’s insurance policy to benefit from this protection.
Naturally, the nature of an independent contractor’s coverage can get complicated. This is why it’s important for you to have a conversation with a bus driver you believe to be liable for your most recent accident. If you don’t feel comfortable talking to the possibly liable party, you can request that a bus accident lawyer in New York have this conversation for you.
Evidence in Bus Accident Cases
Liability is more than a question of an employee’s role within a corporation. Our team also looks at the evidence to determine who to hold liable for your most recent accidents. Without evidence, any assertions of liability may be dismissed by a civil court as conjecture.
The evidence you submit regarding a bus driver’s violated duty of care and your subsequent losses can include the following:
- Debris from the scene of the accident
- Video footage of the accident from storefronts, streetlights, and dashcams
- Accident recreations created by professionals
- Bystander testimony
- Expert witness statements
- Police reports
You do not have to gather this evidence while recovering from a bus accident. Instead, you can rely on our legal team to do the legwork needed to assert liability in one direction or another.
Hold the Right Party Accountable for Your New York Bus Accident Losses
The increased popularity of independent contractors makes it easier than ever for cities and private transportation companies to avoid taking on liability and the wake of a bus accident. This does not mean, however, that it is impossible to hold these corporations liable for their indiscretions.
Should you or a loved one come away from a bus accident with the desire to take legal action, the Law Office of Cohen & Jaffe, LLP can help you do just that. You can contact us at 516-358-6900 or fill out our contact form to schedule an initial case consultation with a personal injury lawyer. Our team can go on to help you secure the conversation you deserve for your bus accident losses.
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