What to do if You’re Hit by a Bus in the DMV
The Washington DC metropolitan area can boast one of the nation’s best public transit systems. WMATA is an almost miraculous example of civic cooperation across three separate states. With modern, clean trains bolstered by busses as well as bike-sharing services, navigating the Beltway region as a pedestrian can be a breeze. But a robust public transit apparatus comes with trade-offs. Filling up a bus schedule with routes also fills up local roads with busses, which inevitably leads to accidents. Today’s blog post will tell you what to do if you’re hit by a bus.
If You’re Hit by a Bus: Navigating the Aftermath
Obtain medical assistance.
Your primary concern should be your health. Following an accident, it’s a good idea to see a doctor, even if you don’t believe you were hurt. Some injuries, such as severe internal injuries, may not show symptoms for hours or even days following an accident. Additionally, visiting the hospital lessens the likelihood that the defendant or insurance company will be able to prove that you weren’t seriously injured.
Initiate an emergency call.
Most bus drivers are obligated to notify the police following an accident. Nevertheless, to ensure that the police are informed, you ought to give them a call yourself. In the future, the police report may prove to be an important piece of evidence.
Get the driver’s details.
The police can assist you in gathering this information if they show up on the site. If not, you’ll have to obtain the data on your own. Make sure you record or photograph the relevant information for each of the involved drivers. Collect the license plate number, insurance information, contact details, as well as the name of the driver.
Gather data from witnesses.
There are typically many witnesses to bus accidents. Right after the crash is the ideal moment to get their contact information. While the police will frequently gather this data, it is possible that they will overlook witnesses or forget to include their contact information in the report.
Keep the evidence secured.
Take photos of the damage and the scene, including any injuries sustained physically.
Speak with a lawyer.
Whether the bus is privately or owned by the government will determine the statute of limitations, or the legal deadline for submitting a personal injury claim. It is imperative that you get in touch with an attorney as soon as possible to avoid missing this deadline. If necessary, a skilled personal injury lawyer can assist you in gathering evidence, negotiating a just settlement, and representing you in court.
If You’re Hit by a Bus: Suing Government Agencies in Our Region
As with any lawsuit, claimants should be mindful of the relevant statute of limitations. Failing to acknowledge this window of time for filing your lawsuit may doom your case to dismissal before it can even begin. In the case of an accident involving a bus or other public transit; your prospective lawsuit may be directed at your city/county/state government. Cases filed against state governments may have special conditions in addition to different statutes of limitation. Let’s review them here, in brief.
Maryland
A lawsuit against the state of Maryland seeking damages for an injury caused by the state of one of its employees falls under the Maryland Tort Claims Act. This act mandates that persons seeking to file suit against the state or an employee of the state must deliver a claim letter to the state Treasurer. This letter must include
- Names and addresses of persons involved.
- Details of where and how the injury occurred.
- A description of the injury.
- Specific damages sought by the claim.
- The name and address of the claimant’s attorney (if applicable).
Once filed, the Treasurer will investigate the validity of your claim, not unlike an insurance company would.
Virginia
The state of Virginia has a “sovereign immunity” statute on the books which offers substantial protections against litigation to state employees engaged in executing their duties. This statute specifically exempts government employees from civil lawsuits unless they can be shown acting with “gross negligence.” This is defined as “indifference to another and an utter disregard or prudence that amounts to a complete neglect of the safety of such other person” by VA’s state supreme court.
Furthermore, if pursuing a personal injury or wrongful death claim against a state transportation agency, the injured party is required to notify the relevant government agencies of impending insurance claims or litigation within 6 months of the crash in question.
Washington DC
If your transit injury occurred in the District of Columbia, you’ll have a 6 month window to file a claim with the Office of Risk Management.
How Malloy Law Can Help
If you or a loved one has been injured in a bus accident, contact Malloy Law today. Our firm is home to the region’s bus accident specialists. Our experienced and diverse team will pursue maximum compensation for your property damage, medical bills, lost wages, as well as emotional trauma. Don’t wait to claim the compensation you are entitled to. Contact Malloy Law today for a free consultation.