Accidents involving public buses, trains, and rideshare cars are alarmingly common. Many of these collisions end in serious or catastrophic injuries, and some are fatal.
Public transport accident claims can be much more complicated than standard car accident claims. You’ll likely have to deal with large corporations or government entities with a well-oiled system of minimizing liability. A skilled, assertive lawyer will be an invaluable ally as you seek compensation for your injuries.
Types of Public Transport Accidents
Over 15,000 bus accidents took place across the U.S. in 2022 alone. Public transport accidents may involve any public-use vehicles, such as:
- City, school, and private buses
- National railway trains, subway trains, and trams
- Taxis and rideshare vehicles like Uber and Lyft
- Trolleys, ferries, and shared scooters or bicycles
Each accident type may require a slightly different approach to filing a personal injury claim. For example, if you’re preparing to file a claim after a Lyft accident, the driver’s status (actively using the app, only logged in, or off duty) will influence your potential settlement limit.
Common Causes of Public Transport Accidents
Like any vehicle crash, public transport accidents happen for many reasons, including:
- Driver negligence, like speeding, distracted driving, fatigue, or DUI
- Mechanical issues like faulty engines, brake failures, and other problems stemming from defective parts or poor vehicle maintenance
- Infrastructure problems, such as poorly maintained roads or tracks
- Poor weather, like strong rains, sleet, snow, and fog
Showcasing how an accident happened is a critical step to proving liability. Typically, you’ll want to show that the driver violated their duty of care, for example, by speeding or ignoring a traffic sign. However, if the vehicle skidded because of a poorly maintained road, you may file a claim against the local municipality responsible for road upkeep.
Legal Framework for Public Transport Accident Claims
The following elements will come into play when you seek compensation after a public transport accident.
Liability and Negligence
Often, the first challenge is identifying who’s responsible. Depending on your case, you may take action against the driver, the transport company, or both. Vehicle manufacturers or government entities may also be liable. A key step is showing that the liable party could have prevented the accident by exercising reasonable care.
Relevant Laws and Regulations
Public transport companies operate under various federal, state, and local laws, which may differ by vehicle type. For example, school buses may need to follow specific safety equipment requirements and include secure child restraint systems.
Role of Insurance in Claims
Public transport companies usually have much higher insurance coverage than private motorists, so victims may potentially claim a large settlement after serious accidents. However, this doesn’t mean that seeking compensation will be easy. Insurers will protect their bottom line, so they’ll go over your claim with a fine-toothed comb, looking for ways to reduce your payout.
Multiple-Party Liability
Sometimes, several parties may be responsible for an accident. For instance, let’s say a school bus collides with a passenger car while the driver is using his mobile phone. It might seem obvious that the driver’s negligence caused the crash. However, if worn-out tires also contributed to the driver losing control of the bus, the maintenance service may share part of the liability.
Settling a claim successfully requires an in-depth understanding of all the laws relevant to your case. Make sure you work with a legal professional who can guide you through the nuances of your claim and its potential outcomes.
Filing a Public Transport Accident Claim
Are you preparing to file a claim after a public transport accident? Consider the following checklist.
Required Documentation
The more evidence you have, the better. Photos and videos from the accident scene, witness statements, and the police accident report can all make your case stronger. Your lawyer can also request access to other evidence, like vehicle maintenance and driver work hour logs. You’ll also need detailed medical records documenting your injuries and recovery prospects.
Understanding the Claims Process
In a medical emergency, urgent care will be your number one priority. Otherwise, if you can stay on the accident scene for a few minutes, you may be able to gather valuable evidence that will disappear later.
Take as many photos as you can while the accident scene is intact. Focus on important details like vehicle damage, skid marks, and the collision angle. Exchange information with all the drivers involved in the collision and note the names and contact details of any witnesses.
Always report an accident to the police. Ideally, wait at the collision site until officers arrive so you can explain what happened.
Choosing a Legal Representative
Not every car accident lawyer has the right skills to handle a public transport accident claim. Look for an attorney who has successfully handled complex lawsuits against large public transport companies.
For instance, if you suffered a train accident, ask your prospective lawyer whether they settled any cases involving trains or other public transport vehicles. Check their past case outcomes and read what former clients say about working with this law firm.
Statute of Limitations
All states impose a time limit on personal injury claims. New Jersey law usually gives you two years from the accident to file a claim. However, this timeframe may be longer if you were a minor when the accident happened and shorter if you’re pursuing a claim against a government entity.
Specific Deadlines for Claims Against Government Entities
If a government-operated public transport service was responsible for your accident, you may have even less time to take action. For instance, if you suffer an accident while using public transportation in New Jersey, you must file a claim within 90 days. Waiting any longer will likely mean you forfeit all legal recourse.
As a rule, acting as fast as possible improves your chances of resolving your claim successfully. Your lawyer should also make sure your claim documentation follows all guidelines.
Compensation in Public Transport Accident Claims
Your life will likely never be the same after a catastrophic injury. You might need ongoing medical care and be unable to return to your former job. So, how much is your case worth?
Types of Damages
Compensation after a public transport accident consists of two elements: economic damages and non-economic damages.
Economic damages include every loss to which you can attach a dollar value, including medical bills, missed days at work, in-home help, and the cost of traveling for medical appointments. This also covers likely future expenses, such as the income you would have reasonably earned if you hadn’t lost your employability.
In contrast, non-economic damages refer to losses that have no price tag, like physical pain, mental trauma, anxiety, depression, and losing the ability to travel or enjoy family time.
Calculating Compensation
Generally, the more serious your injuries are, the higher your compensation will likely be. However, calculating the exact worth of your case may be tricky at first, even for an experienced lawyer.
When you’re in the first stages of recovery, it can be hard to tell how much your health may improve, whether you’ll be able to return to work, and which accommodations you may need. For example, an office worker may be able to continue working after losing a leg, but the same injury will probably end a professional athlete’s career.
Your lawyer may enlist other professionals, like medical authorities and financial consultants, to calculate your losses.
Limits on Compensation
Some states impose caps on damages (limits usually update each year). Your losses may also exceed the transport company’s insurance coverage. Your lawyer will explain the applicable limits in your case.
Punitive Damages
You could also win punitive damages if the responsible party acted with gross negligence or willful misconduct. Economic and non-economic damages both aim to reimburse the victim. Punitive damages have a different purpose: punishing those responsible and deterring similar actions.
Courts typically award punitive damages in cases where the defendant showed egregious carelessness or blatantly malicious conduct, like drunk driving or road rage. Caps may apply to punitive damages in certain states.
Knowing what types of compensation you may expect can help you evaluate the potential outcome of your claim or lawsuit.
Challenges in Public Transport Accident Claims
As we’ve already mentioned, public transport accident claims are often more complicated than standard accident cases. Let’s touch on a few challenges you and your lawyer may encounter.
Insurance Company Tactics
Insurance companies may use various bad-faith tactics to pay you as little as possible. For example, they may call you “just to confirm a few details” and try to manipulate you into saying something that undermines your claim.
Alternatively, an insurance adjuster may pressure you into accepting a quick settlement that probably only covers a fraction of your losses. It’s better to refer any communication from insurance companies to your lawyer.
Delays in Claims Processing
While some claims settle within months, others take years to resolve. Insurance companies may deny liability or request additional evidence, which could slow down claim processing.
Additionally, your lawyer may recommend waiting until you reach maximum recovery before they start negotiating compensation. Ask your attorney about the likely timeframe for your claim and whether you may expect delays.
Legal Complexities
If more than one party was responsible for your accident, you may have to pursue several separate claims. The liable parties may also argue about who carries the larger share of fault. Moreover, filing a claim against a government entity adds another layer of complexity.
Sovereign Immunity
Sovereign immunity is a legal principle protecting government entities and employees from lawsuits. Depending on the jurisdiction, these laws may apply to federal, state, and municipal bodies.
Thankfully, for accident victims, there are some exceptions to sovereign immunity. Some states have waived immunity for suits based on negligence or dangerous conditions, which often apply to public transport accident claims. However, even when you can take legal action against a government entity, you’ll likely need to follow stricter protocols.
Mentally, preparing for these challenges can help you avoid frustrations and make smart decisions. A responsible lawyer should warn you about potential hurdles at the start of your claim.
Settlement vs. Trial in Public Transport Accident Claims
Personal injury claims are often settled via negotiations with the liable party’s insurance company. If the insurer denies your claim or fails to issue a fair offer, your attorney may recommend proceeding to a lawsuit. In this scenario, the other side may also suggest a settlement at some point before trial.
Both settling and going to trial have their advantages and disadvantages.
Pros and Cons of Settling
Settling a claim out of court is faster and less stressful and requires lower legal fees. That’s a major consideration if you’re shouldering heavy expenses and have no income.
However, settling may also mean walking away with a smaller compensation than you could have won at trial. Once you accept a settlement, you release the other side from further liability and can’t file an additional lawsuit.
Pros and Cons of Going to Trial
If the at-fault side denies liability or offers a lowball settlement, you may decide to go to trial. If you win, a trial verdict could potentially grant you higher compensation. That’s especially true if the defendant’s conduct meets the definition of gross negligence, in which case you could win punitive damages.
However, going to trial is riskier, more stressful, and more expensive. Litigated cases take longer, which could make it difficult to survive financially while waiting for your award. Moreover, a trial’s outcome may be less favorable than you’d hope.
Consider all the potential benefits and risks of a settlement vs. trial before you decide what to do. Your lawyer’s advice and experience can help you make the right choice.
Sadaka Law Is Here To Protect Your Rights
Did you or your close family member suffer an accident involving a public transport vehicle? Our team at Sadaka Law can help you hold the responsible ones accountable. Contact us for dedicated legal guidance and support throughout your public transport accident claim. No matter how complex your case, expect us to treat it with compassion.
