Needham, MA Bus Accident Lawyer

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How you handle the aftermath of a bus crash could make all the difference in your claim, so victims should follow this checklist to know what steps to take.

If you were hurt because of the negligent operation of a Massachusetts Bay Transportation Authority (MBTA) bus or private charter bus, you should call 911. Exchange information with all involved drivers and get the contact details for eyewitnesses on the scene. Take pictures of the accident’s fallout, including any damage to other cars. Make sure you seek immediate medical care, including treatment from paramedics. If your case is against the MBTA, you might have to present a claim in as little as two years instead of three. Our attorneys can determine liability for your injuries in Needham and help you recover compensation for your losses.

To get a free review of your case from our Needham, MA bus accident lawyers, call the Law Office of John J. Sheehan at (617) 925-6407.

Your Checklist for After a Bus Crash in Needham, MA

By following a checklist for what to do after a bus accident, which includes calling 911, exchanging information, taking pictures, seeking medical care, and filing on time, victims can ensure they take the proper steps to protect their access to compensation in Needham.

Call 911

Always call 911 to report an accident, especially one involving an MBTA bus in Needham. When you call 911, they will send police officers to document the site and emergency medical services to treat you and any other victims. If you are hurt, accept care at the accident scene. When speaking with the police, tell officers what you remember and if you saw the bus driver act negligently.

Exchange Information

If a bus hit your car while you were driving in Needham, make sure you exchange information with the driver. Get their employer’s details, as your claim may be against the Massachusetts Bay Transportation Authority, not the individual driver.

If you notice any witnesses or other victims, get their information as well. Ask for their names and phone numbers, as our bus accident lawyers may need to interview them and record their statements as evidence.

Take Pictures

Bus accidents are often serious, leaving behind a significant amount of damage. The aftermath must be cleaned up quickly to avoid injury to other drivers, so the best way to preserve the scene is to photograph it. If you were inside the bus as a passenger during the accident, take pictures of the damage inside the vehicle, like any broken glass. Try to photograph your position on the bus and any visible injuries to your person. Photographic evidence of injuries can go a long way in proving that you were hurt during the specific accident in question.

If a bus driver hits you while driving your car, take pictures of property damage to your vehicle. Photograph your car’s final resting point in relation to the bus. Bus accidents might involve several cars; if that is the case, victims should photograph all vehicles. On top of taking pictures, you can also take videos of the entire accident scene to capture small details you might not otherwise think of photographing.

Seek Medical Care

After accomplishing the necessary steps at the accident scene, go straight to the nearest hospital. Do not go home, even if you feel okay. Do not go to your general practitioner’s office either, as they might not have the right equipment to treat you. Instead, go to the emergency room, where doctors have the necessary resources to diagnose bus accident injuries and give victims proper care.

Some bus accident injuries require long-term treatment over many months, like physical therapy. Others call for special surgeries or prescription medications. Regardless, you must follow the treatment plan doctors give you down to the letter. Neglecting your physical recovery, for whatever reason, could negatively impact your case, so do not risk it.

File on Time

Your next concern should be preparing a lawsuit and filing it on time. According to Mass. Gen. Laws Ch. 258, § 4, you will have two years to present a claim in writing to the MBTA. You cannot pursue civil action if you settle this claim with the MBTA. However, if you do not settle the claim, you can file a lawsuit against the MBTA, which you must do within three years of the accident date in Needham. These additional filings involved in the process exist because the MBTA is a government agency and is thus protected by the Massachusetts Tort Claims Act.

If your claim does not involve the MBTA and is instead against a negligent third party, you will only have to worry about the normal three-year filing deadline for personal injury lawsuits in Massachusetts.

Prove Fault and Damages

While victims who file lawsuits against government agencies in Massachusetts are typically limited to recovering $100,000 for all damages, this limit notably does not apply to claims for serious bodily injury involving the Massachusetts Bay Transportation Authority, according to § 2.

Our attorneys will need copies of all losses from the accident to prove damages in your case. The most notable losses are typically victims’ medical damages, which may add up quickly after an accident, especially if their injuries are serious. We can organize bills from any and all treatment you have received and estimate future medical damages with help from medical experts.

We will do the same for your lost wages, referring to previous tax returns and employment information to calculate your missed income following a bus accident.

Proving fault for a victim’s damages often requires eyewitness statements, accident reconstruction, expert witness testimony, photographs, video footage, and a victim’s medical records. By preserving the accident scene through photographs, you can aid an expert in reconstructing the accident, which can help prove fault. If the MBTA is not liable for the accident, it could be that a third party, such as another driver or part manufacturer, is liable, enabling you to file a third-party lawsuit for compensation in Needham.