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How to Draft Your Personal Injury Claim After a Bus Accident in Westchester

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Westchester, CO, being one of the world’s busiest cities, sees its fair share of motor accidents. Like all other vehicle accidents, bus accidents result from collisions with other vehicles, people, rail guards, buildings, or other stationary structures. 

Regardless of whether you were a passenger or you/your vehicle were injured by a bus, you may have to file a suit to claim compensation. Your Westchester personal injury lawyer can help you with the legal aspects.

Law Relevant to Buses in New York

University of Michigan’s Transportation Research Institute reported that around 63000 buses are involved in traffic accidents each year. The traffic laws of Westchester, CO, aim to minimize and control bus accidents and fatalities. A bus is called a “Common Carrier” under New York state law. 

The term applies to both state-run public transportation and private tourism buses. When passengers, pedestrians, or others are injured by a bus, the owners are accountable for their negligence. 

From a legal perspective, “Personal injuries” result from the “negligence” of another party. Proving negligence is challenging without the help of a Westchester personal injury lawyer. 

Common Bus Accidents

Bus accidents are pretty common in Westchester, CO. The first step to claiming compensation after a bus accident is proving the negligence of the bus owner. However, public transportation buses that the Metropolitan Transportation Authority owns (MTA) enjoy legal privileges that private carriers don’t. The need for an experienced attorney is more in this case.

How to Draft Your Claim

If you are injured in a bus accident in Westchester, CO, you will need to file a claim with the driver’s or bus owner’s insurance company. State-owned buses enjoy “sovereign immunity,” which prevents government departments or agencies from being sued without government consent. If you have been injured by a state-owned bus, you will have to file for compensation under the Tort Claims Act. 

To file a claim under the Tort Claims Act, you will first have to file a “notice of claim” if the accident took place in Westchester, CO. You will have to fill a claim form after this. The form will include details like your name, residential address, description of the accident, description of damages, details of the bus, and a statement of your intent to seek compensation.

You will also need to support evidence in the form of photographs, medical bills, police reports, proof of lost wages, and written notes about the accident.

The Time Limit for Filing the Claim

Personal injury claims are subject to “statute of limitations deadline.” You may be required to file the claim within as little time as 30-60 days in Westchester, CO, depending on the severity of your claim. 

Professional Help

The whole essence of personal injury law in Westchester, CO, revolves around the concept of proving negligence. An expert attorney can help you out with this. It would not be easy to figure out the evidence, points, strategies, and claims by yourself without expert help. Your injury lawyer has sufficient experience to help boost your chances of receiving compensation.

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