When a passenger suffers injuries in a bus accident, they may qualify for compensation. This article outlines how to pursue a claim under Montana law.
Identifying Liability
First, determine who is responsible. Liability can fall on:
- Private bus companies or drivers: They must operate vehicles safely and follow federal and state regulations.
- Public transportation agencies: Governmental entities may claim immunity under the Montana Governmental Tort Claims Act. You must serve a notice of claim within 180 days of the accident, per Mont. Code Ann. § 2-9-111.
Filing an Insurance Claim
Contact the bus company’s insurer promptly. Provide details:
- Accident date, time, and location
- Police report number
- Medical records and bills
Insurers often cover medical costs and lost wages. Keep records of all communications.
Meeting Montana’s Statute of Limitations
You generally have three years from the accident date to file a lawsuit, according to Mont. Code Ann. § 27-2-204. Missing this deadline can bar your claim.
Pursuing a Lawsuit
If insurers deny your claim or offer insufficient compensation, you can sue in Montana District Court. Key steps include:
- Gathering evidence: photos, witness statements, medical reports
- Calculating damages: medical expenses, rehabilitation, lost wages, pain and suffering
- Filing a complaint: the court clerk will assign a case number and serve the defendants
Potential Damages
In Montana, you may recover:
- Economic damages: medical bills, property damage, lost income
- Non-economic damages: pain, suffering, emotional distress
- Punitive damages: only when conduct is malicious or reckless
Helpful Hints
- Seek medical attention immediately, even if injuries seem minor.
- Preserve evidence: keep vehicle parts, clothing, and health records.
- Obtain a copy of the police report.
- Document all expenses: medical, transportation, and out-of-pocket costs.
- Consider consulting a personal injury attorney promptly.
- Note all conversations with insurers and record dates.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.