Contact Us for a Free Consultation 1-646-522-9082

Blog

BUS ACCIDENT IN BROOKLYN ON JUNE 9TH 2021 BUS DRIVER CRASHES BUS INTO NURSING HOME INJURING 16 / TIPS ON HOW TO WIN A CASE AGAINST THE MTA

Posted by Edward Lemmo | Jun 27, 2021 | 0 Comments

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
following :
• Death
• Dismemberment
• Significant disfigurement
• Fracture
• 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
impairment.

 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 . 

About the Author

Edward Lemmo

Edward Lemmo Esq. of Lemmo Law TOP NYC PERSONAL INJURY LAWYER For over 34 years Edward Lemmo has distinguished himself as a one of the top personal injury lawyers in Manhattan , Bronx , Brooklyn and the Upper West side ,combining hard work and dedication to achieve positive results for his clients. Lemmo Law's philosophy is clear. We prepare every case as if it is going to trial .

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Me Today

Edward Lemmo, Esq., is committed to answering your questions about Slip, Trip, & Fall accidents, Motor Vehicle Accidents, Construction Accidents, Wrongful Death, and Medical Malpractice law issues in New York.

I offer a free consultation and I'll gladly discuss your case with you at your convenience. Contact me today to schedule an appointment.

Menu