Bus Accident Lawyer
You were injured in an accident that was caused by a bus, how do you go about getting compensated for your injuries?
As in most personal injury cases, the person injured must prove that there was negligence on the part of the other party if they want to win the case.
Bus accidents are a bit unique in that respect in that some states put public transportation in a category covered under ‘common carrier law.
What is Common Carrier Law?
Common carrier is a general term that includes most public transportation means such as buses, trains, and even taxis. In some states, common carriers may include school buses and private bus lines or limousine services.
A common carrier is believed to owe a higher degree of care to its passengers than the average driver. Negligence still must be proven to be successful in court, so it will be argued in court that the defendant likely did not provide their passengers with the highest degree of care. This care extends to areas like the bus or train station or even seating at a subway platform.
A higher degree of care means that the bus driver cannot be negligent in any way with their driving.
Statute of Limitations and Claim Procedures for Bus Injuries
Are there different procedures when filing a lawsuit against a common carrier versus a traditional personal injury lawsuit? Public transportation companies are municipal or state agencies and therefore have laws that are state specific that need to be followed. Your attorney will need to be cognizant of the statute of limitations for filing a claim against a government entity in your state. It is necessary to seek assistance from a personal injury attorney experienced in common carrier laws and bus accidents. The deadline laws are different from state to state, but common to most states include:
- A deadline that is six months or less to present written notification to the public transportation company detailing the events of your accident
- There is a shorter deadline for filing a lawsuit against a public transportation company
These requirements may differ from state to state so it is important to let an experienced attorney handle the complicated paperwork associated with filing a lawsuit. If you make a misstep and send your claim to the wrong department, you may have your claim denied. A personal injury attorney knows these intricacies and is best equipped to handle your claim.
What Kind of Damages Can I Collect if I am Injured on a Bus?
There are limits on the amount of compensation in the form of damages you can collect from municipal or state agencies such as public transportation companies. This limit can be $100,000 or less. That is not to say you should not attempt to recover damages if you are injured in a bus accident. By using a bus accident lawyer experienced in all the state notification requirements and paperwork, you can be assured of the best chances for receiving the most compensation for your injuries available.