FEATURED CASES

This was a tragic case recently tried by Paul Dansker in Brooklyn Supreme Court. A 21-year-old retarded Chinese boy was walking with some friends after school when he stepped out into the crosswalk against the light and a City bus which was turning a little too close to the corner struck and ran over his body. The driver did not stop claiming he did not know that he hit anyone. The young man had crippling injuries which prevented him from ever leaving the hospital where he died several months later.

Despite the fact that the boy according to eyewitness stepped into the street against the light, Mr. Dansker utilized and argued a section of the law which specifically reduces a plaintiff's share of liability in accordance with that person's mental capacity. At trial, it was proven through a guidance counselor at the school that the young man attended, that he was intellectually comparable to what a normal seven-year-old boy would be and how a seven-year-old boy would act under similar circumstances. It was the jury then that determined that a seven-year-old is not legally responsible for his actions under those circumstances and awarded 100% on the liability portion of the trial at which time the Transit Authority settled for $3.5 million before the damages trial.

Maria, a Polish housekeeper was walking across Ocean Parkway in Brooklyn in the crosswalk, when she was struck by a speeding school bus and thrown a substantial distance. She sustained severe injuries including fractures of her vertebrae, pelvis, arms and legs.

The challenge was substantial. It was crucial that we prove that the bus was speeding because it was impossible to prove who had the light. We had no witnesses. Paul Dansker proved through skillful use of both an accident reconstruction expert and a private investigator that the bus was travelling substantially over the speed limit when it struck our pedestrian client.

Mr. Dansker directed our private investigator to comb the area where the accident happened for witnesses. He found one on the sixth floor of an adjacent apartment building!! The woman happened to be looking out the window and saw Maria's body lying substantially down the street by
a tree. Using that as a fixed point, our accident reconstruction engineer applied the laws of physics and showed that the bus had to be speeding to knock the pedestrian that far down the street.

The case was settled after that critical testimony.

Case Note: There is no substitute for thorough old fashioned investigation, detailed preparation and scientific expert analysis.

Bus Accidents

Dansker & Aspromonte have attained millions of dollars for bus accidents victims.

Buses are extremely dangerous by virtue of their large size, lack of quick maneuverability and multiple blind spots making it impossible for the driver to see all the way around the bus. A bus driver must use a high degree of care because a bus cannot stop as quickly as a car, nor does it turn in the same way.

Most bus accident cases Dansker & Aspromonte handle involve a bus striking either another vehicle or a pedestrian and we also handle cases involving injuries to bus passengers who sustain injuries while riding on the bus and the bus negligently stops short.

All bus cases are complex, mostly because the majority of buses in the New York metropolitan area are owned and operated by a municipal entity. Knowing which entity to sue can be tricky and the maze of notice of claim requirements that must be filed within 90 days of an accident can be daunting to inexperienced lay people and their attorneys. A missed date for filing is most often fatal and can mean the difference between a legal disaster and a successful just outcome.

At Dansker & Aspromonte we routinely navigate through the red tape to help protect our clients' rights and get the maximum recovery available.

Call for a free case evaluation and consultation. Remember: Time is of the essence in bus cases and action must be taken quickly or you can lose your right to sue.

Back to Practice Areas >