Public buses are essential means of transportation but their passengers face risks of accidents everyday. If you are involved in a bus accident, getting immediate medical attention is vital even if you are not transported by ambulance or brought to the emergency room. Not all injuries are apparent at the time of the accident and a primary care doctor can examine you for potential long-term conditions relating to the impact of a bus accident.
If you are a passenger in a bus accident, you may be entitled to compensation for your injuries. Consulting with a personal injury attorney after obtaining treatment is essential in taking legal action for your accident.
Importance of Personal Injury Attorney
When a passenger bus is operated by a city entity, accidents in which they are involved can present a unique situation. Existing laws require that a prior notice of tort claim must be filed within 90 days of the accident in order to preserve a claim for personal injury.
A personal injury attorney can file the required notice of tort claim while you weigh your legal options against the parties responsible for your injuries.
Damages Arising from Bus Accident
Depending on the circumstances surrounding your injury from a bus accident, you may have a claim for compensatory damages and a potential claim as well for punitive damages if reckless behavior caused the accident.
Compensatory damages are intended to make the injured party whole through payment of their medical expenses, lost wages, and compensation for their pain and suffering.
Punitive damages may be recovered as well if the bus accident was the result of reckless behavior, such as texting, or driving while under the influence of alcohol or intoxicating substances.
The purpose of awarding punitive damages in certain situations is to punish or deter the specific reckless behavior.
It is possible for an accident to involve negligence of several parties such as the bus driver, bus owner, and operator. These parties often carry insurance coverage that you may pursue. A personal injury attorney can help you assert a claim even when the party at fault only has a minimal insurance policy for a particular injury.
Claiming Compensation from the City or Government Entity Owning the Bus
A bus accident involving a vehicle owned by a city or other government entity such as the Department of Transportation can have statutory requirements for recovering compensation against a city or state entity.
A mandatory 90-day notice of tort claim is often required before anyone can pursue a claim for negligence involving a city or state bus. Consult with an attorney at the earliest opportunity after seeking medical attention in order to preserve your claim for compensation.
Importance of Consulting an Attorney
Knowledge of Legal Procedure
A bus accident involving a city or state entity presents special requirements for claiming compensation. A personal injury attorney can evaluate your situation and provide legal advice on the correct venue for filing the notice of claim, and the time frame for it.
Assessment of Damages
Every situation is different and the amount of damages involved will depend on the circumstances of the accident and the role and degree of negligence of each party involved in the accident. A personal injury attorney can examine all the details of the accident and determine whether reckless or negligent behavior was present in order to arrive at a potential value for compensatory and punitive damages.
Our Bus Accident Experience
At the Law Offices of Samuel I. Kane, we have years of experience in bus accident claims, helping clients obtain settlements to which they are legally entitled. While bus accident claims can take longer than ordinary claims, which only deal with private entities, we are able to obtain satisfactory settlements for clients.
In addition to filing the appropriate tort notice, we deal with commercial insurance adjusters in order to settle a client’s claim and collect sufficient compensation that can help make our clients whole again.
How We Can Help You
In Las Cruces, The Law Office of Samuel I. Kane has an extensive background in bus accident claims, knowledge of procedures in filing the notice of tort claim quickly, and a working relationship with the city attorney’s office where we can follow up and make the appropriate demand in a timely manner. We can also refer our clients to the appropriate medical provider for necessary medical care. We offer a free, no-obligation consultation to help assess your situation and provide advice on your legal options. Call us today so we can review your claim and get you the help you need (575) 526-5263.