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New York City school bus accident occured late last week causing 24 passengers who were riding on the school bus to be injured. Most of the injured passengers were children of which 11 were taken to the hospital for their injuries.
It was originally thought that the school bus was involved in a "fender bender" but it was later determined that the car an the school bus involved never even collided with each other. Instead the injuries to the children occured when the school bus slammed on its brakes to avoid hitting the car after the car reportedly cut the school bus off on the Upper East side of Manhattan.
Determining who is at fault in a school bus accident
In this specific case it is not easy to determine who is at fault based solely on the story as it reads in the news. The important part in determining if the bus driver is at fault is did he/she do anything negligent? Was the bus driver distracted and not paying attention to the road and this caused him to have to slam on his/her brakes to prevent an accident? Or was he paying attention to the road and was cut off by a vehicle who decided to pull out in front of the bus? The answers to these questions are very important in determining who is liable. When a school bus accident occurs - if it is the fault of a bus driver - it is either the school bus company who is liable or the school directly. The school or the company would be the one who you as the parent of a child injured in a school bus accident would file a claim against either of these places depending on who is held liable in your specific situation. If it is determined that the driver of the other vehicle involved is negligent in a school bus accident claims would be filed against the negligent driver's insurance company.
About filing claims against insurance companies
No matter which insurance company you are dealing with - whether it be the school's insurance company, bus company's insurance company or the other driver's insurance company - it is very important to understand the insurance company you are filing a claim with is not your friend and is not there to help you no matter how much they may seem like they are. In reality all they care about at the end of the day is doing their job which is to save their insurance company money. Be very careful what you say to these companies and their insurance adjusters and always consult a school bus accident lawyer prior to signing any forms or accepting any settlement amount from the insurance company - it may be the different of you receiving $10,000 for your child's injuries or receiving $250,000 for their injuries. Remember this amount will be put toward paying your child's medical bills and will also need to be enough to cover any disabilities they have because of the school bus accident.
For more information on what you should avoid doing after an accident including how to handle insurance companies request a free, no obligation copy of our book "The New York Accident Book: 10 Mistakes that Can Wreck Your NY Accident Case".
What to do if a similar situation happened to your child
If your child was involved in a Staten Island school bus accident and was injured you will want to consider speaking with a Staten Island school bus injury lawyer to discuss your child's injuries and to determine whose fault the accident was and how much your child deserves to be compensated. The lawyer you speak to will help you determine all of these things. When choosing a lawyer be sure to make sure they are an experienced, reputable Staten Island injury lawyer. The lawyer will fight on your behalf against the insurance company to get your child the money they deserve. If they are unwilling to compensate your child the amount they deserve we will take the matter to court by starting a lawsuit.
To speak with Frank J. Dito Jr. Staten Island School Bus Injury attorney call 800.976.4904 or fill out our contact form and we will contact you.
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