Bus crashes can be catastrophic due to the number of passengers involved and the potential for severe injuries. Whether you're a passenger, driver, or pedestrian, understanding the steps to take after a bus crash in Massachusetts is essential for safeguarding your health, protecting your rights, and potentially pursuing compensation. This guide walks you through the actions you should take immediately following an accident, as well as the legal pathways available.
1. Prioritize Safety and Seek Medical Attention
Your immediate safety should always come first. If you're injured in a bus crash:
- Check for injuries: evaluate your physical condition and assist others if it's safe to do so.
- Move to safety: If possible, move away from traffic to prevent further harm.
- Call 911: Report the crash and ask for emergency services if there are injuries or property damage.
Even if you feel uninjured, it's vital to get checked by a healthcare provider. Some injuries, like whiplash or internal trauma, may not present symptoms right away. Based on information from the Centers for Disease Control and Prevention (CDC), car crash injuries account for over 2.5 million emergency room visits annually in the U.S., underscoring the importance of timely medical evaluation.
2. Document the Scene
Accurate documentation can play a significant role in the success of a lawsuit or insurance claim. If you're able, take the following steps:
- Capture photos and videos: Document vehicle damage, the crash site, road conditions, traffic signs, and any visible injuries.
- Speak to witnesses: Collect contact information from passengers or bystanders who saw the incident.
- Record details: Write down everything you can remember about the crash, such as the time, weather conditions, and sequence of events.
This evidence will strengthen your case if you need to establish liability or prove damages.
3. Exchange Information
Although bus operators and companies are required to report accidents, you should still collect contact details to ensure your own records are complete. Key information to gather includes:
- The bus driver's name, employer, and license number.
- The bus company's insurance information.
- Contact information for other drivers or passengers that were involved in the crash.
If law enforcement arrives, request a copy of the police report or the report number for later retrieval.
4. Notify the Bus Company and Your Insurance Provider
After leaving the crash scene, notify the bus company about the accident. Most transportation companies have specific procedures for handling passenger claims, and filing a timely report ensures your incident is documented. Additionally:
- Contact your personal auto insurance provider, even if you weren't driving. Depending on your policy, you may be eligible for certain benefits, such as medical payments coverage.
Massachusetts follows a no-fault insurance system, meaning your Personal Injury Protection (PIP) insurance can help cover medical and lost wages, regardless of who is responsible the crash.
5. Understand Liability in a Bus Crash
Determining liability in a bus crash is often complicated due to the involvement of multiple parties. In Massachusetts, potential responsible parties may include:
- The bus driver: If negligent driving, such as speeding or distracted driving, added to the accident.
- The bus company: For inadequate maintenance, improper training, or failure to follow safety regulations.
- Other drivers: If a third-party vehicle caused or contributed to the collision.
- Municipal entities: If the bus is owned by a city or public transportation authority, different legal standards may apply under government immunity laws.
It's important to note that claims against public entities in Massachusetts have stricter deadlines and procedures. Generally, you need to file a notice of claim within two years of the accident.
6. Consult with a Personal Injury Attorney
Bus crash cases often involve large companies or government agencies with experienced legal teams. An attorney who specializes in personal injury law can help you:
- Determine who is at fault.
- Review the full scope of your damages, including medical costs, lost wages, and pain and suffering.
- Navigate the legal process, especially when filing against a public entity.
In Massachusetts, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the accident. However, the timeline may vary depending on the specifics of your case.
7. Know Your Compensation Rights
If you've been injured in a bus crash, you may be able to get compensation for both economic and non-economic damages. These may include:
- Medical costs: Ambulance services, surgeries, rehabilitation, and ongoing treatments.
- Lost income: Wages lost due to missed work and reduced earning capacity.
- Pain and suffering: Emotional distress, physical discomfort, and reduced quality of life.
Massachusetts law allows comparative negligence, meaning you can recover damages even if you were partially at fault, as long as your fault does not exceed 50%.
8. Follow Up on Medical Care
Adhering to your treatment plan is important for recovery and for substantiating your claim. Missed appointments or gaps in treatment can be used by insurance companies to downplay the severity of your injuries.
Conclusion
A bus crash can be a life-altering event, but understanding your next steps ensures you're equipped to handle the aftermath. From seeking medical attention and documenting the accident scene to speaking with a qualified attorney, each action plays a role in safeguarding your health and legal rights. By taking these steps, you can move toward recovery and pursue the compensation you deserve.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Massachusetts bus accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.