Disclaimer

This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.

Detailed Answer

In New Mexico, a bus passenger injured in an accident can pursue compensation by establishing that the bus operator or responsible party acted negligently. Negligence occurs when a party breaches a duty of care, causing harm. The main steps are:

1. Identify the Responsible Party

If the bus is privately owned, the operator or company may face a personal injury lawsuit. If it’s a public transit bus, claims against a government entity fall under the New Mexico Tort Claims Act (NMSA 1978, 41-4-4).

2. Gather Evidence

• Photograph the scene, vehicle damage, road conditions, and injuries.
• Collect witness statements and contact information.
• Obtain the police report and medical records.

3. Seek Medical Treatment

Prompt evaluation documents your injuries and links them to the accident.

4. Understand Deadlines

• Personal injury claims generally have a three-year statute of limitations under NMSA 1978, 37-1-8.
• Claims against a state or local government require a written notice within 90 days of injury per NMSA 1978, 41-4-16 and a formal lawsuit within two years (41-4-27).

5. Calculate Damages

Recoverable damages include:

• Medical expenses (past and future)
• Lost wages and earning capacity
• Physical pain and emotional suffering
• Property damage (personal items on the bus)

6. File a Claim or Lawsuit

For private carriers, file a personal injury complaint in civil court. For public carriers, submit a Tort Claims Act notice and, if necessary, file suit in district court after the notice period expires.

7. Negotiate a Settlement or Proceed to Trial

Most cases settle out of court. An attorney can negotiate a fair settlement. If negotiations fail, prepare for trial to present evidence and argue negligence and damages before a judge or jury.

Helpful Hints

• Keep a detailed injury journal documenting pain levels and daily limitations.
• Preserve all bills, receipts, and correspondence related to treatment and expenses.
• Do not give recorded statements to insurance adjusters without consulting an attorney.
• Monitor deadlines closely—missing a filing date can bar your claim.
• Consider legal representation early to protect your rights and maximize recovery.