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I was on a bus and when the bus stopped at the red light I got up to change seats, however, the bus moved while I was moving to

New York, NY |

my next seat which made me fall backwards and hit my head on the floor. The ambulance came but the paramedic didn't think I was in a serious condition and said we can put the neck brace on later when we are in the ambulance, which he did put on but was loose and said it's just to make it look legit. When I arrived at the ER the doctor said I had a concussion and should follow up with my doctor. I started having persistent headaches that wouldn't go away with other symptoms so went to go see my doctor. She said that I have a TBI. What is my recourse?

This is a privately owned bus company. Does no fault insurance apply in this case?

Attorney Answers 8


  1. It is very likely that you have no case. Buses move while people are moving around all the time. Consult a personal injury lawyer ASAP as you need to serve a Notice of Claim within 90 days if this is not a private bus company.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  2. How long ago was the accident? Was it a city bus or other kind of bus? Too many unknown variables to give an answer.


  3. If you own a motor vehicle and this was a public bus, you should request a no-fault application from your insurance company. If this was a private bus, you can request a no-fault application from the bus company. This way, your medical expenses will be covered. Do not wait to consult with an attorney in your area as there are short time frames for filing claims in these types of matters. There may very well be a viable claim for the driver suddenly accelerating while passengers were moving about the bus.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.


  4. TBI is serious. Was this a private bus? Contact one of the above distinguished personal injury lawyers in your state immediately to investigate.


  5. You should consult a personal injury attorney and schedule a consultation.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.


  6. Definitely worth exploring.

    PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why I became a lawyer. However, please note that I have not been engaged to be your lawyer so my advice is general in nature. Certainly, if you would like, please feel free to email or call me to further discuss the particulars of your situation (as many times it is not a good idea to provide a lot of information about your case on a public forum). * Hacker Murphy, LLP * 518.213.0115 * Rfinn@hackermurphy.com * http://www.hackermurphy.com/Attorneys/Ryan-M-Finn.shtml * Hacker Murphy serves clients throughout New York State (including New York City and Long Island). *


  7. I really dont see any liability on the bus company or city unless you specifically asked the bus driver to wait, he agreed to wait, and then drove. I would think most juries would find you to be more than 50% at fault for not moving about the bus more carefully/with due care and circumspection for your own welfare.

    Plus, if this is a City bus, there are strict time guidelines.

    With all of that being said, TBI is serious. As such, seek a free consultation with a personal injury attorney ASAP. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


  8. You can give it a shot, but if it was a city or MTA bus you have to file a notice of claim so contact a local personal injury attorney immediately

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