If you have the misfortune to be in the wrong place at the wrong time, you could be hit by an out of control or badly driven bus.
If you, or any other occupants of your vehicle, are injured you should consider a personal injury claim against ABQ Ride. This is not easy as ABQ Ride shelters to some extent behind the legal defense of ‘sovereign immunity.'
An experienced personal injury attorney can help you claim the compensation you need and deserve.
How an Accident Could Happen With a City Bus
Most accidents involving public transit vehicles and operators are with buses. Most public transportation does have a large fleet of buses serving the city and there is pressure on drivers to keep to schedules.
Some drivers are not always as careful as they should be. Pedestrians and cyclists are most at risk because of their comparative vulnerability.
Injuries happen when drivers fail to notice pedestrians or cyclists using the road, or if a bus actually leaves the highway and mounts the sidewalk.
Other vehicles tend to be hit at intersections or from behind, when an impatient bus driver does not keep a safe distance from the vehicle in front.
Less frequently accidents happen when a bus has been poorly maintained by the maintenance staff or if a defective part has been the cause of a component failure.
Damages You Could Claim
Personal injury claims are in two parts. The more easily quantified component is made up of the payment for all medical expenses caused by the accident, including estimated future costs, if any.
Lost earnings and compensation for property damage such as a ruined bicycle, crumpled fender, or smashed window, are also part of this component of a claim.
Often more difficult to quantify is the non-economic component. This typically includes a payment to compensate for the pain and emotional suffering caused by the accident as well as possible punitive damages if gross negligence has occurred.
How to Make a Personal Injury Claim
Some bus systems are protected to some extent by its status as a government entity. This doesn’t mean you cannot sue public transit, but the process is somewhat more long-winded and you have to act more promptly than if you were injured by a private individual.
However, if the claim is denied or there is no response from the offending party, you have 2 years from the date of the injury to pursue a personal injury claim. Any personal injury claim will not succeed unless there is clear evidence that the plaintiff was at fault.
You cannot sue the bus driver directly, but if driver error caused the accident, you sue the transit system itself outlining the reasons why you think your claim is justified. Witness statements, photographic evidence and a police report will help support your claim.
Also make sure that you include as much documentation as you can detailing the financial basis of your claim such as medical costs as well as evidence which clearly shows that the injuries you have suffered from were caused by the accident with the bus.
Why You Should Choose a Personal Injury Lawyer
It can be hard work making a claim against any organization. A personal injury lawyer can assess your situation and can give a considered opinion about whether it is likely to be successful as well as help you file the claim against the transit organization.
Additional Resources
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against ABQ Ride, or any other party, you may not be entitled to any compensation.
