As a trial attorney I am constantly challenged to prosecute or conduct depositions against the NYC Transit Authority or the Metropolitan Transit Authority of the City of New York . Those are the agencies that operate the bus system here in the City of New York . According to news reports at least 16 sixteen people were injured when the driver of the MTA bus lost control and jumped a curb, crashing into a building.
Although that investigation is on going and privileged to the litigants and their counsel , the lawyers would have most likely conducted their independent investigation by their own investigators, taking statements of witnesses, passengers on the bus and photos.
At some point a demand by the plaintiff's attorney would be made demanding that the MTA attorneys turn over
1) Accident report written by the operator of the of the bus ;
2) - Operators Daily Trip Sheet;
3) MV-104 of the driver
4) and since all reported bus accidents are internally investigated the Supervisor's Accident Investigation Report including any diagram ;
5) internal videos taken on the bus of the interior of the bus at the time of the accident , to determine either or both the driver's actions and the passengers' movements and how they fell from either a standing or seated position and injured themselves .
This part of the case is called discovery and under the procedural rules of the Civil Practice law and rules the plaintiffs or injured parties attorneys would file for a preliminary conference to obtain these court ordered documents.
Another issue the injured passengers' attorneys would have would be to obtain all the medical information and medical treatment and doctor's or hospital reports of their clients to determine if any of their injuries are permanent or qualify under Section 5102(d) of the Insurance law to recover money damages. Under that statute in order to recover money you must by objective medical evidence one of the following qualifying events to recover money damages for their clients :
Serious injury is defined as personal injury which results in one of the
• Significant disfigurement
• Loss of a fetus
• Permanent loss of use of a body organ, member, function or system
• Permanent consequential limitation of a body organ or member
• Significant limitation of use of a body function or system
• Medically determined injury or impairment of a non-permanent nature which
prevents the injured person from performing substantially all of the material acts
which constitute such person's usual and customary daily activities for not less than
90 days during the 180 days immediately following the occurrence of the injury or
The above earmarks the challenges facing a personal injury lawyer representing a loved one who is a passenger in a bus accident. If the injured party does not prove a " serious injury " under the law they recover no money , despite the bus drivers apparent negligence .
IF YOU OR A LOVED ONE ARE INJURED IN A BUS ACCIDENT OR CAR CRASH OR ANY TYPE OF ACCIDENT, CALL ED LEMMO ESQ OF LEMMO LAW AT 646-522- 9082 . WE ARE AVAILABLE 24/7 TO ANSWER YOUR QUESTIONS ABOUT YOUR LEGAL NEEDS INVOLVING ACCIDENTS AND INJURIES HERE IN THE STATE OF NEW YORK .
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