Accident Injury Claims Involving Public Transportation

What is The Procedure for Filing a Claim for Your Injuries?

Suppose your accident included public transportation owned or operated by the government, such as a bus, train, or subway system. In that case, you may have the opportunity to seek compensation from the government entity responsible for overseeing the system. However, pursuing an injury-related claim against a public agency commonly involves navigating through a distinct set of rules and procedures.

 

What Kinds of Accidents Might Involve Public Transportation?

Before delving into the details of initiating this type of injury claim, it’s crucial to understand that a government entity’s potential liability in public transportation can manifest in various ways, including:

1. Accidents involving the operation of public transportation vehicles (e.g., a city bus causing a traffic accident).

2. Failure to maintain/inspect equipment, resulting in incidents such as an escalator accident.

3. Neglect in keeping property in a safe condition, leading to slip and fall incidents.

4. Failure to ensure passenger safety, potentially resulting in an assault in a subway station.

What Is the Public Transportation Injury Claim Procedure?

As public transportation and transit companies are typically state or municipal agencies, specific state laws, often called “tort claims acts,” govern injury claims brought against them.When dealing with a government entity like a public transportation company, these claims involve distinct time and notice deadlines. While these deadlines vary from state to state, they commonly include:

1. A brief (six months or even less) deadline to provide written notification to the public transportation company detailing the exact circumstances of your accident, often using a specific form.

2. A condensed timeframe for initiating a lawsuit (the statute of limitations) against the public transportation company.

Some states rigorously enforce these requirements, with potential consequences if they still need to be met. For instance, in certain states, your claim may be barred if the notice is sent to the wrong municipal department, even if it is close to the correct department. It is crucial to ensure that your claim is filed against the appropriate governmental entity from the outset.

What Happens After I File My Injury Claim With the Right Government Agency?

The procedure varies in each state, and cities and local governments may have unique variations in the claim process. Generally, after filing your claim, the government agency typically has a designated period to either accept and fulfill the claim or reject it.

If the claim is denied, you usually have a specified timeframe to initiate a lawsuit against the government entity in court. Similarly, you may be authorized to file a lawsuit in court if the government agency fails to respond to your claim within a specific period.

In certain states, like Kentucky, your claim might be adjudicated by a state claims commission or a similar panel. While there may be avenues to appeal an unfavorable decision, going to court and filing a lawsuit may not be available in such cases.

How Can a Public Transportation Agency Be Liable for My Injury?

The rationale behind the previously mentioned claim filing and notice requirements is to provide the government agency with an opportunity to investigate the incident and determine the following:

1. Whether there was negligence on the part of the government or one of its employees.

2. Whether that negligence directly caused your injury.

Consider the following scenario: You’re standing on a public bus, and the bus swerves or stops abruptly, causing you to be thrown to the floor and injured. Just sustaining an injury doesn’t automatically imply negligence on the bus driver’s part. For instance, if a child unexpectedly ran into the street, and the bus driver had been operating at a reasonable and safe speed, the bus driver might not be deemed at fault. However, witness testimony and phone data reveal that the incident occurred because the bus driver was texting. In that case, the bus driver is likely to be considered negligent.

Are Public Transportation and Public Transit Systems “Common Carriers”?

As mentioned earlier, public transportation injury law hinges on the concept of negligence. However, public transportation companies are typically classified as “common carriers” in most states. This classification implies that they owe their passengers a heightened duty of care compared to what an ordinary person might owe to someone else.

While the injured individual still needs to demonstrate negligence on the part of the public transportation company to succeed in these cases, establishing liability against a “common carrier” may be more straightforward. This is particularly true if the public transportation agency breaches a safety regulation concerning the incident.

Are There Limits on Damages in Public Transportation Injury Claims?

Within the framework of statutes delineating the process for an injured individual to file a claim against a government entity, many states have established limits or “caps” on the monetary compensation the injured person can receive, even if they pursue legal action and obtain a favorable judgment in court.

Furthermore, several states either restrict or entirely prohibit the recovery of compensation for “pain and suffering.” This restriction is significant as “pain and suffering” often constitutes a substantial portion of the damages sought by a personal injury plaintiff in a successful lawsuit.

Next Steps After an Injury Involving Public Transportation

Navigating an injury claim tied to the negligence of a public transit agency or its employees requires a comprehensive understanding and adherence to a complex set of rules to ensure a satisfactory result. There are better strategies than taking on this process independently, particularly with serious injuries involved.

In reality, achieving the best outcome often entails entrusting your claim to the expertise of an experienced legal professional. Doing so enhances your chances of securing the justice and compensation you deserve. Find yourself in such a situation? Seeking the guidance of a knowledgeable attorney can make a significant difference in the outcome of your case.