Falls on Buses From Sudden Stops, Jerks & Lurches
Every year the buses in the New York City metropolitan area carry millions of passengers. When a bus stops short, jerks, lurches or makes a "sudden or unusual movement" causing a passenger injury, the bus company may be liable for injuries suffered. Riding a bus can be dangerous. There are no seat belts. Buses often start moving before a passenger is able to sit down, and sometimes there are no available seats. A sudden movement can cause a passenger to be thrown to the floor, strike a metal pole, or be thrown into other passengers. Common injuries from bus accidents include broken or fractured bones, head injuries, traumatic brain injuries, or back and neck injuries. Many bus accidents are caused by collisions between the bus and other vehicles (cars, taxi cabs, trucks, etc.) or other objects (poles, parked vehicles, curbs, etc.). Other bus accidents are caused by the movement of the bus alone, without contact with another vehicle. Such scenarios include short stops and sudden turns. In order to have a viable claim against a bus driver or bus company, including the New York City Transit Authority or the Manhattan and Bronx Surface Transit Operating Authority, where the passenger was injured solely as a result of a sudden stop, jerk or movement the passenger must be able to show:
"objective evidence that the force of the stop sufficient to establish an inference that the stop was extraordinary and violent, of a different class than the jerks and jolts commonly experienced in city bus travel and, therefore, attributable to the negligence of defendant”
A passenger may be able to show that the movement of the bus was extraordinary or violent by the fact that the bus was moving at an excessive rate of speed, or by presenting objective evidence that one or more passengers were caused to fall, be "thrown", "launched" or "propelled" or otherwise similarly dislodged from their previous position. In summary in order for a bus passenger to bring a viable claim for injuries as a result of a buses sudden movement, which does not result in contact with another object, the passenger must show that the movement was extraordinary and violent, and not just a normal jerk or lurch. If you are injured on a bus, or in an accident involving a bus, you should immediately contact an experienced attorney who handles such matters. The attorneys at Zalman Schnurman & Miner (1-800-LAWLINE) are personal injury attorneys who are experienced in handling all type of injury cases including bus accident cases. Zalman Schnurman & Miner handles all personal injury cases on a contingent fee, so there are no attorney's fees to the client unless there is a recovery. Call 1-800-LAWLINE (1-800-529-5463) for a free consultation regarding your bus accident case or other personal injury matters or visit www.1800LAWLINE.COM
The information provided herein is for informational purposes only and should not be taken as legal advice. To obtain legal advice you should consult with an attorney.