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

Asked over 1 year ago - 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?

Additional information

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

Attorney answers (8)

  1. Eric Edward Rothstein

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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... more
  2. Craig A. Post

    Contributor Level 17

    6

    Lawyers agree

    Answered . 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... more
  3. Michael J Palumbo

    Pro

    Contributor Level 19

    5

    Lawyers agree

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

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

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

  5. Dean P Murray

    Contributor Level 18

    4

    Lawyers agree

    Answered . 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... more
  6. Ryan M. Finn

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . Definitely worth exploring.

    PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why... more
  7. Matthew C Simon

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . 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-... more
  8. David Ian Schoen

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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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