Car accidents involving public transport can be very difficult to navigate.
Not only do you have the stress and emotional/physical toll, but added to this is the uncertainty of finding out who is responsible and what next steps you should take.
Getting legal help after an event like this is highly advisable, and in this guide we’ll go into depth about why this is the case, and what benefits legal help can provide.
Understanding Liability in Public Transportation Accidents
Liability in public transportation accidents involves complex legal considerations. Determining fault requires examining various factors unique to these types of incidents.
Who is at Fault?
Negligence is a huge thing to consider when determining fault in these types of accidents.
Everything from driver error to mechanical failures and inadequate vehicle maintenance can all contribute to incidents, and Investigators will examine other factors like speed, road conditions, and driver qualifications.
Public transportation are often held to high standards of care, meaning they are responsible for safe transport for passengers.
The National Highway Traffic Safety Administration (NHTSA) may investigate serious accidents involving buses or trains. Their findings can impact liability determinations.
The Role of Public Transportation Entities
Public transportation entities bear significant responsibility for passenger safety. They must ensure proper training for drivers and staff. Regular vehicle inspections and maintenance are also critical.
These entities often have internal procedures for handling accident claims. They may try to settle cases quickly to avoid negative publicity.
Some public transportation companies carry insurance to cover accident-related costs. Others may be self-insured, potentially complicating the claims process.
Legal Challenges When Suing Government Entities
Suing government-run public transportation systems presents unique challenges. Many jurisdictions have specific rules for filing claims against government entities.
Strict statutes of limitations often apply. Victims may have a limited window to file a claim, sometimes as short as 30 days after the incident.
Government entities may enjoy certain immunities from lawsuits. These protections can make it harder to recover damages.
The legal process for suing government entities often involves additional steps. Claimants may need to file a notice of claim before initiating a lawsuit.
Navigating Insurance and Compensation After an Accident
Securing fair compensation is a lot easier said than done with a public transport accident.
The Claim Process
File a claim with the appropriate insurance companies as soon as possible. Document all injuries and property damage thoroughly with photos and written descriptions. Obtain police reports and witness statements to support the claim.
Notify your own insurance provider, even if you were not at fault. They may provide coverage for immediate medical expenses or vehicle repairs.
Be cautious when communicating with the public transportation company’s insurance adjusters. Their goal is to minimize payouts. Avoid giving recorded statements or accepting early settlement offers without legal advice.
Assessing Damages for Pain and Suffering
Compensation is available for damage caused via pain and suffering.
This covers things like physical discomfort and emotional distress, things that are much harder to put a number on.
Documenting the impact of injuries on daily activities is essential. Keep a pain journal detailing physical limitations and emotional struggles. Medical records and expert testimony can help quantify these intangible damages.
Pain and suffering compensation often uses a multiplier based on economic damages. Severe or long-lasting injuries typically warrant higher multipliers.
Working with a Personal Injury Lawyer
Personal injury lawyers can be invaluable in any accident case where you think you may have a claim, and especially so with something as complex as a public transportation claim.
Attorneys gather evidence – even including things like whether your airbags were deployed or not – and consult medical experts to calculate the full extent of damages. This includes future medical costs and long-term impacts on earning capacity.
Many lawyers offer free initial consultations and work on a contingency fee basis. This means they only get paid if they secure compensation for the client.
