Chelsea, MA Bus Accident Lawyer
Whether you are taking the bus to work or chartering a bus for a private event, the risk of an accident is always present. A bus accident is not just dangerous, but downright devastating. Such accidents often make headlines for the number of injured victims and the severity of damages. You might be dealing with a lot right now, and our lawyers are here to help you get monetary compensation.
After a bus accident in Chelsea, you might have the option of filing an auto insurance claim. Massachusetts drivers must have personal injury protection (PIP) insurance that covers them no matter who is at fault. You may step outside of insurance and file a lawsuit only if your case meets specific legal criteria set by law. If you can file a lawsuit, we should consider including the bus driver and their employer. If the government owns and operates the bus, like public transportation, we need to move fast, as there are additional legal obstacles to clear.
Receive a free, confidential review of your case from our bus accident attorneys at the Law Office of John J. Sheehan by calling us at (617) 925-6407.
Getting Financial Compensation After a Bus Accident in Chelsea, MA
After you get medical treatment for your injuries, speak to an attorney about how to get fair compensation for the bus accident. While you might have a couple of legal options to explore with our bus accident attorneys, they may be restricted. In Massachusetts, drivers must carry no-fault insurance in the form of personal injury protection insurance. Your PIP policy should cover you regardless of who is at fault, and you would file your claim with your own insurance rather than the bus driver’s. While this can be a convenient way of getting compensation, no-fault insurance laws prevent injured victims from pursuing injury lawsuits unless certain conditions are present.
According to Mass. Gen. Laws Ch. 231 § 6D, an injured accident victim may only file a personal injury claim for damages under one of two conditions. First, your medical expenses related to the accident must exceed $2,000. Alternatively, you may file a claim if your injuries include loss of a body part, death, loss of vision or hearing, or serious disfigurement. These rules may apply to a bus accident if you were a passenger on the bus or driving your own car before being hit by the bus.
When to Speak to a Lawyer About Your Bus Accident Case in Chelsea, MA
You might need time to recover and consider whether you wish to pursue legal action after a bus accident. While you should take the time you need, you should also be mindful of the statute of limitations. According to Mass. Gen. Laws Ch. 260 § 2A, bus accident victims have only 3 years to file a case. Your time begins on the day of the accident, which means time might already be slipping away.
Starting as soon as possible might give you a pretty big advantage. You can maximize your time to prepare, and your lawyer may have more time to assess your damages, find evidence, and plan effective legal arguments and strategies. It also gives us time to communicate with the defendant in your case to see if they are open to a settlement or if a trial in court is necessary.
While waiting too long is not the best idea, there are a few possible benefits. Waiting a bit longer to file your case means your injuries have more time to develop. We may learn during this time that your injuries are worsening despite treatment, which might affect your damages claim. Waiting might also give witnesses time to come forward. Exactly how long you should wait depends on your circumstances, and you should ask your lawyer about when it is best to get started.
Who You Can Sue for a Bus Accident in Chelsea, MA
Bus accidents are often confusing. Many people might be hurt, and it might be difficult to determine who is at fault. Often, injured victims do not fully understand how the accident happened or who is responsible until after an investigation by the authorities. If the investigation is pending, we should consider filing a case against the bus driver and possibly their employer.
Bus Drivers
It is not uncommon for bus accidents to stem from bus driver negligence. Buses are very large, heavy vehicles capable of severe destruction if involved in an accident. As such, bus drivers bear a high degree of responsibility. One common example of bus driver negligence is distracted driving. Bus drivers must focus on the road ahead and their passengers. If a driver is distracted by a passenger or even by something like their cell phone, they might cause a bad crash. Other possibilities include drivers who commit ordinary traffic violations, reckless driving, and speeding.
Bus Companies
If the bus driver is found to be responsible for the crash, we may include their employer in the case under certain conditions. According to a legal doctrine known as respondeat superior, employers may be held vicariously liable for accidents and injuries caused by a negligent employee as long as the employee’s negligence occurred while they were performing normal job duties or in furtherance of their typical work. If a negligent bus driver causes an accident, this may allow us to sue the bus company.
Public or Government Entities
When suing a bus company, we must consider whether it is a privately run business or a governmental entity. Many buses are private, like private charter buses or tour buses. However, many buses are part of the public transportation network in and around Chelsea. How we approach each case will differ.
According to Mass. Gen. Laws Ch. 258 § 2, a public employer, like the Massachusetts Bay Transportation Authority, may be held liable for injuries caused by negligent employees in much the same way a private entity normally would. However, they cannot be liable for punitive damages, and compensatory damages are capped at $100,00.
According to § 4, we must submit a notice of your claim to the appropriate government agency or entity within 2 years of the accident. If the claim is denied, we may file your claim in court. Remember, the statute of limitations is only 3 years, and it begins on the day of the accident. This means we must file the notice of your claims and the case itself within that time limit, making for a very tight deadline.
Get Help Today From Our Chelsea, MA Bus Accident Attorneys
Receive a free, confidential review of your case from our bus accident attorneys at the Law Office of John J. Sheehan by calling us at (617) 925-6407.
