Bringing a Claim After You Have Been Struck in a Bus Accident
Posted on December 15, 2018
If you have been injured in a car accident, some ways that a claim is brought might be obvious even if you still need the experienced help of an attorney. However, being injured due to the negligence of a bus driver might feel a bit different when you are bringing your claim. If you are hurt after the driver of one of these types of public transportation runs into your vehicle, you might have to make a claim in a different way – against a ‘common carrier.’
What is a Common Carrier?
Public transportation claims are much different from your typical personal injury law because they fall under ‘common carrier’ laws. These are laws that dictate how a public transportation provider will be held liable in the event of an accident. These can encompass many different types of transportation that offer their services to others such as bus companies, trains, planes, and many other services. In most states, the one aspect that is different from your typical personal injury claim is the fact that these types of drivers owe their customers a higher duty of care than most.
You must show that the party was negligent and acted in a way that caused your injuries, yes. However, in many states, common carriers owe others the highest standard duty of care, which means that they will have to be properly trained for the job and always do what it takes to drive as safely as possible.
There are many laws that dictate what a common carrier driver should do to abide by the rules of the road. The federal government has passed many different laws that regulate common carriers and states have as well. If the driver or company does not uphold a certain standard, it could mean that you are able to bring a claim for damages against a negligent party.
Understanding the Statute of Limitations
One other aspect that is different in common carrier lawsuits is the fact that the statute of limitations vary. Public transportation companies that own the bus that strikes you are state agencies in many situations, which means that special laws might apply. This means that there are special time limits and deadlines for bringing your case that are much different from many other types of claims. Whereas you might have had a time period of up to a year to bring a personal injury claim, you might now have an even shorter amount of time like six months to bring your claim and ensure that you are bringing it against the correct agency.
If you fail to bring your claim in enough time, the agency could very well decide that they will bar you from being able to bring your claim at all. This is why it is always important to bring a common carrier claim with the help of an experienced attorney. At Katz Kantor Stonestreet & Buckner, we want to help you gather evidence in your case and work through the barriers that insurance companies sometimes cause to ensure that you receive the payout that you deserve. We understand the ins and outs of West Virginia injury laws and want to offer our support to you. Contact us for more information at 304-431-4050.
Note: This post was created with the help of secondary sources operating independently from Katz, Kantor, Stonestreet & Buckner Law Firm. The information used from these sources has not been independently confirmed by our staff. If anything included in these posts is incorrect, please inform us and we will promptly correct the post.
Disclaimer: Our intent with these posts is to honor the victims of these terrible accidents and inform the public about how to avoid these accidents and what to do in the event of one. This information should not be considered legal or medical advice.