Public transit is one of the most useful tools for anyone without reliable access to a car. However, like any form of transportation, public transit is not without its pitfalls, making it possible for you to suffer an unexpected and serious injury. If you’ve been injured while taking advantage of public transportation, you might be wondering about your legal options and if you’re eligible to file a personal injury claim.
While complicated, it actually is possible to win a claim after a public transport related injury, particularly with the right evidence and legal representation. Discover your legal options after being hurt on public transit, and what kind of evidence you’ll need to win your deserved compensation.
The Basics of Common Carrier Laws
Winning a personal injury lawsuit rests on being able to prove the fault of another party in your injury, and this includes injuries suffered on public transport. A factor to consider, however, is what’s known as common carrier laws. Common carrier laws apply to almost every form of public transportation and makes these entities responsible for the safety of their passengers.
Despite the very high safety bar set by common carrier laws, you will still need to prove that negligence was involved in your case. For instance, if you were injured because the bus you were riding stopped suddenly and you fell, you will need to prove that the driver braked irresponsibly, and not through normal operations or to avoid an accident.
Filing Your Claim in the Proper Timeframe
The primary way that personal injury lawsuits involving public transportation differ from standard lawsuits is in terms of filing limits. Because all forms of public transportation involve publicly owned entities, such as city buses, cases involving these entities are subject to very stringent tort laws.
These laws can vary slightly from state to state, which is why you should always consult with an attorney about these forms of personal injury lawsuit. However, the basic limitations to understand is that you will have six months, at the most, to report your injuries to the public transit company and a very short timeframe for filing your personal injury lawsuit.
After you’ve been hurt on public transit, acting as quickly as possible is extremely important.
Compensation Limits After You’ve Been Hurt on Public Transit
When considering a personal injury lawsuit, many people’s primary concern is how much compensation might be available to them. Unfortunately, in cases involving public transit, compensation is usually capped by the state at a fairly low level.
In most cases, the maximum amount you will be able to win in a public transit personal injury lawsuit is $100,000—although in many states this amount is much less. Make sure to consult with your attorney about your possible compensation before filing your lawsuit.
Consult an Attorney
Your first step after you’ve been hurt on public transit should be to consult with Braker White. Robert White, Greta Braker, and the other knowledgeable personal injury attorneys at Braker White understand the intricacies of public transit cases and can increase the likelihood that you’ll receive your necessary settlement. Request a consultation with one of our attorneys today and get started planning your case.