Detailed Answer
After a bus accident in Oregon, you may pursue a personal injury claim to recover costs for medical bills, lost wages, pain and suffering, and other damages. Even if the bus operator belongs to a public transit agency, you can seek compensation by following Oregon’s specific notice and filing rules.
1. Seek Medical Treatment and Document Injuries
Immediately obtain medical care, even if injuries seem minor. Prompt treatment not only protects your health but also creates a medical record linking your condition to the accident. Keep copies of all medical reports, prescriptions and invoices.
2. Identify the Responsible Party
Determine whether the bus is owned by a private carrier or a public transit agency (for example, TriMet). Public agencies have special notice requirements. If a private company operates the bus, you typically deal with its insurer directly.
3. File a Notice of Claim (Public Transit)
If the bus belongs to a government agency, you must file a written notice of claim within 180 days of the accident under Oregon law. See ORS 30.275. The notice should describe the time, place, nature of injury and your contact information. Deliver it via certified mail or as required by the agency’s claims office.
4. Gather Evidence
Collect any available evidence: photos of the scene, video footage, witness names and statements, your accident report, and maintenance records if accessible. Strong documentation strengthens your claim.
5. Calculate Damages
Document economic damages (medical bills, property damage, lost income) and prepare to describe non-economic damages (pain and suffering, emotional distress). Keep detailed records of all expenses and how the accident impacted your daily life.
6. Negotiate or File a Lawsuit
• Private bus operator: After you present your demand to the insurer, you may enter settlement negotiations. If negotiations stall, you have two years from the date of injury to file a lawsuit under ORS 31.710 (ORS 31.710).
• Public transit agency: Once you receive a final denial of your claim, you must file suit within one year from the date the denial letter is mailed. See ORS 30.275(8) (ORS 30.275).
Helpful Hints
- Act promptly. Missing notice or statute deadlines may forfeit your right to compensation.
- Keep a dedicated file. Store accident reports, correspondence, medical records and bills in one place.
- Document lost income. Request written verification from your employer showing days missed and wages lost.
- Get witness statements. Independent witnesses can corroborate your version of events.
- Consult an attorney early. A lawyer can review your claim, handle negotiations and ensure you meet all deadlines.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss the specifics of your case.