When you take public transportation, you put your safety in the hands of the driver and trust that the city or carrier has adequately maintained the vehicle to prevent accidents. Becoming injured on a bus, subway, or other public transportation system can feel incredibly jarring, but you may have the right to compensation.
A public transit lawyer can help you determine who is liable in your case and how to pursue a payout.
Determining the Liable Party in Your Accident
The party that caused the accident is likely responsible for paying out your claim. As a result, the first step is determining who is liable.
Think about how your injury happened. Did another driver strike the bus you were on? That driver may be responsible for paying out your claim. Meanwhile, did the operator of your subway car or bus make an error that led to an accident? The public transit company may be liable.
Collisions are not the only causes of injuries on public transit. Other examples include:
- Slip-and-fall accidents on transit due to wet or damaged flooring
- Criminal activity and violence on public transportation
- Vehicle breakdowns that lead to accidents
- Violations of common carrier regulations, showing the transit company’s negligence
Your public transit lawyer can help you pinpoint who owns the company behind the party responsible for your accident. If the company is a private common carrier, you may need to file an insurance claim or lawsuit with it directly. Alternatively, the local government may be responsible for the transportation system, meaning you would need to go through it to seek compensation.
Suing a Common Carrier After an Accident
Common carriers are any companies that transport passengers for a fee. They can be private or public. Seeking compensation from a common carrier is similar to pursuing a claim against an individual driver.
Your public transit lawyer can contact the carrier company to gather its insurance details and submit a claim. If insurance fails to provide a sufficient payout, you can consider a lawsuit.
Personal injury claims against transit agencies may be a bit more involved than traditional accident lawsuits, as these companies tend to have strong legal teams and use loopholes to try to reduce their payouts. Your attorney can help you navigate this type of lawsuit with confidence.
Important Considerations When Claiming Compensation From the Government
If a government agency owns the public transit system where your injury occurred, you will need to pursue a case against that entity. The government entity claims process is a bit different than other accident claims.
To start, the deadline is much shorter; you will only have either 180 days or 270 days from the accident to file a claim, depending on whether the agency is managed by the city, county, or state. In contrast, the statute of limitations for personal injury cases against non-government entities is two years.
You will need to start by filing a tort claim against the government. If the agency denies your claim or fails to respond within 90 days, you then have the opportunity to file a lawsuit. Otherwise, the entity may accept your claim and offer a settlement, though this outcome is rare.
Our Public Transit Lawyers Can Support Your Case
Understanding how to claim negligence in public transportation can be overwhelming, but our public transit lawyers are here to clear up any confusion. At Stewart & Stewart Attorneys, we have extensive experience with public transportation liability. Let us help you seek compensation from the appropriate party and begin moving forward.
Contact us today at (800)-333-3529 to schedule a consultation.