Bus accidents can be traumatic and overwhelming, especially when they result in significant injuries or property damage. In Massachusetts, these incidents are not uncommon, with many factors such as driver error, mechanical failure, or inclement weather contributing to such collisions. Understanding the appropriate steps to take after a bus accident can protect your health, legal rights, and potential claim for compensation.
Step 1: Ensure Safety and Seek Medical Attention
Your immediate priority should be safety. Move to a secure location, away from potential hazards like oncoming traffic or leaking fuel.
- Call Emergency Services: Dial 911 to report the accident. Ensure that emergency responders are informed about the number of injured individuals and the nature of the accident.
- Check for Injuries: Assess yourself and others for injuries. Even minor discomfort could signify more serious internal injuries that require prompt medical attention.
- Seek Medical Attention: Whether you experience apparent injuries or not, consult a medical professional. Documentation of medical treatment will be vital for any future insurance or legal claims.
Step 2: Document the Accident Scene
Accurate documentation can serve as critical evidence if you decide to pursue a legal claim.
- Capture Photos: Take videos and photos of the accident scene, focusing on damaged vehicles, road conditions, traffic signs, and any visible injuries.
- Collect Witness Information: Obtain contact information and statements from witnesses who observed the incident. Their testimony could bolster your case.
- Write a Statement: While the incident is fresh, write down your account of what happened. Include all details such as the time, location, weather, and any notable observations.
Step 3: File an Accident Report
Massachusetts law requires that certain types of accidents, including those involving buses, be reported. According to Massachusetts General Laws, you must file a motor vehicle crash report within five days if the accident resulted in:
- Death or injury.
- Property damage exceeding $1,000.
You can file the report with the Massachusetts Registry of Motor Vehicles (RMV) and the local police department.
Step 4: Notify the Appropriate Parties
After a bus accident, multiple entities may need to be notified:
- The Bus Company: Inform the bus operator or company involved in the accident. Many companies conduct their own investigations and may provide insurance information.
- Your Insurance Company: Contact your insurance provider, even if you were a passenger and not directly responsible. They may offer personal injury protection (PIP) coverage, which is mandatory in Massachusetts.
- An Attorney: Talking with a personal injury attorney with experience in bus accident cases can help you understand your rights and options.
Common Injuries in Bus Accidents
Bus accidents usually involve multiple parties, leading to a range of injuries. Some of the most common injuries include:
- Whiplash and Neck Strain: Caused by sudden jolts during impact.
- Fractures: Broken bones, especially in the arms, legs, and ribs, are frequent.
- Traumatic Brain Injuries (TBIs): Severe head injuries resulting from collisions or falling debris.
- Lacerations and Bruising: Often caused by shattered glass or impacts.
According to the Federal Motor Carrier Safety Administration (FMCSA), bus-related crashes caused over 25,000 injuries nationwide in 2021, highlighting the potential severity of these accidents.
Understanding Liability in Massachusetts Bus Accidents
Massachusetts follows a no-fault insurance system, which means your own insurance typically covers medical expenses and lost wages, regardless of who caused the accident. However, you may pursue a personal injury claim if:
- Your medical expenses exceed $2,000.
- You suffer severe injuries such as disfigurement, broken bones, or loss of body function.
Liability in bus accidents can fall on various parties:
- The Bus Driver: If negligence, such as speeding or distracted driving, caused the accident.
- The Bus Company: For not maintaining the bus or properly train drivers.
- Third-Party Drivers or Pedestrians: If their actions contributed to the crash.
Steps to Strengthen Your Legal Claim
If you decide to file a claim, consider these steps to enhance its success:
- Maintain Documentation: Keep detailed records of medical costs, police reports, and correspondence with insurance companies.
- Follow Medical Advice: Go to all follow-up appointments and stick to the treatment plans to demonstrate the seriousness of your injuries.
- Hire an Experienced Attorney: A lawyer specializing in personal injury cases can negotiate with insurance companies and advocate for fair compensation.
Statute of Limitations for Bus Accident Claims in Massachusetts
Under Massachusetts law, you generally have three years from the date of the accident to file a personal injury claim. Failing to meet this deadline may forfeit your right to seek compensation. Exceptions to this rule may apply, such as cases involving minors or government-owned buses.
Compensation You May Be Entitled To
Victims of bus accidents in Massachusetts can seek compensation for various damages:
- Medical Expenses: Both future and current treatment costs.
- Lost Wages: Income lost due to your inability to work.
- Pain and Suffering: Non-economic damages for emotional distress and reduced quality of life.
- Property Damage: If personal belongings were damaged during the accident.
Conclusion
Bus accidents can leave victims dealing with physical, emotional, and financial challenges. By taking swift and informed action, you will protect your rights and lay the groundwork for a successful claim. Whether through insurance negotiations or legal proceedings, seeking guidance from a skilled attorney ensures that you receive the compensation you deserve.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Massachusetts Personal Injury 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.