Detailed Answer
If you suffer injuries in a bus accident in New Mexico, you must follow specific steps to protect your right to compensation. Whether the bus is operated by a government agency or a private carrier, you face deadlines and procedural requirements under New Mexico law.
1. Identify the Responsible Party
Determine if the bus operator is a government entity (for example, a city transit department) or a private company. Claims against government agencies fall under the New Mexico Tort Claims Act, while claims against private carriers proceed under general negligence law.
2. Meet the Notice Requirement for Government Buses
If a public bus injures you, you must provide written notice to the government entity within 90 days of the accident. See NMSA 1978 Section 41-4-16. Your notice should include:
- Date, time, and location of the accident
- A brief description of injuries and damages
- Your contact information
3. File Your Lawsuit Before the Statute of Limitations Expires
For private bus operators, you generally have two years from the date of the accident to file a lawsuit. See NMSA 1978 Section 37-1-8. For government defendants, the Tort Claims Act also provides a two-year limit to file suit in district court after giving proper notice.
4. Gather and Preserve Evidence
Collect photos of the scene, witness statements, medical records, and any video footage. Document your injuries, medical treatment, and out-of-pocket expenses. Preserve bus tickets, service records, or maintenance logs if available.
5. Draft and File the Complaint
Prepare a complaint that outlines your legal theories—typically negligence—and the relief you seek. File the complaint in the appropriate New Mexico district court and serve it on the defendant. Government defendants have special service rules under the Tort Claims Act.
6. Engage in Discovery and Negotiations
Exchange documents, conduct depositions, and request admissions. Many cases settle before trial. You can present settlement demands and negotiate a fair amount based on your medical bills, lost wages, and pain and suffering.
7. Prepare for Trial or Alternative Dispute Resolution
If negotiations stall, you may proceed to trial or explore mediation or arbitration. Present evidence, call witnesses, and ask the court for a judgment in your favor. If successful, you can collect compensation for medical costs, lost income, and non-economic damages.
Disclaimer: This article provides general information only. It does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.
Helpful Hints
- Photograph the accident scene from multiple angles as soon as possible.
- Get contact information for all witnesses, including fellow passengers.
- Keep a detailed journal of your injuries, symptoms, and medical appointments.
- Save all receipts for out-of-pocket expenses related to your injuries.
- Follow all medical treatment plans—gaps can hurt your claim’s credibility.
- Consider consulting an attorney before filing notice or a lawsuit.