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Runaway School Bus Kills Pedestrian In Brooklyn

A school bus attempting to avoid a collision swerved across several lanes, hopped a curb, and fatally struck a pedestrian.
The wreck took place near the intersection of Schenectady Avenue and Atlantic Avenue in Crown Heights. The bus was eastbound on Atlantic at about 6:30 p.m., when another driver pulled in front of it. To avoid a crash, the bus driver suddenly pulled over to the other side of the road and partially lost control of the vehicle. The bus jumped a curb and slammed into a 50-year-old woman, who was subsequently pronounced dead at a local hospital.
There were no immediate arrests and none of the names were released.
Sovereign Immunity
In many cases, government employees are immune from lawsuits that arise from their actions or inactions, under this doctrine that dates back to the middle ages. But this immunity is not present if the government employee, like a school bus driver, MTA bus driver, garbage truck operator, and so on, was negligent and would otherwise be the subject of a liability lawsuit.
To obtain compensation in these situations, injured victims must file a notice of claim. There are very strict time deadlines involved in this procedure, and almost any slip-up will result in dismissal of the claim.
When the city or agency receives notice of the claim, it generally has 60 days to review the matter. This review nearly always includes the victim’s deposition and an analysis of medical records. If the city refuses to act or does not offer an acceptable settlement, the matter can be appealed to the Court of Claims.
Sudden Emergency
In situations like the crash described above, the insurance company nearly always invokes this defense, which essentially excuses tortfeasors (negligent drivers) from liability if they are responding to an unexpected emergency.
The classic example is in this clip from Tommy Boy, in which the hood unexpectedly flies up on good-natured Tommy Callahan as he croons along with The Carpenters. From a legal standpoint, the hood fly-up is a “sudden emergency;” other more common events, like a stalled car or swerving driver, may not qualify as such.
To obtain maximum compensation for your personal injury claim, contact the assertive attorneys at Proner & Proner. Our main office is conveniently located across from Grand Central Station in Manhattan.

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Mitchell Proner is an amazing and very experienced trial lawyer, who takes care of his clients. He represented me in a car accident case, kept me very informed during the lengthy legal process and got me the settlement that I expected. His friendly office staff was always willing to assist and answer any questions I had. I recommend Mitchell Proner to all my friends and family!

Besides being well versed and very knowledgeable about all aspects of my case it was simply a pleasure dealing with Mr. Proner and his colleagues at Proner and Proner. In a time of hardship Mr. Proner and the staff at Proner and Proner made it very easy for us to cope with all of the legal processes which we are not accustom to. I couldn't recommend a better group of people let alone an attorney as Mitchell Proner and the staff at Proner and Proner. Thank you again for all of your assistance.

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