Disclaimer: This article provides general information about Rhode Island law and does not constitute legal advice.
Detailed Answer
When a passenger suffers injuries in a bus accident in Rhode Island, they can seek compensation by filing a personal injury claim against the at-fault parties. These may include the bus driver, the bus company or operator, and potentially a third party (for example, a negligent motorist whose vehicle collided with the bus). Rhode Island follows the pure contributory negligence rule, which means that if you bear any fault for your injuries, you cannot recover damages.
- Obtain Immediate Medical Care
Seek prompt medical treatment. Preserve records of all medical visits, diagnoses, treatment plans, and bills. - Preserve Evidence at the Scene
Photograph your injuries, the bus, skid marks, road conditions, and any visible damage. Collect witness names, contact information, and statements if possible. - Identify the Bus Operator
Determine whether the bus belongs to a private carrier (charter, tour) or a public transit system (e.g., RIPTA). This affects the claims process and required notices. - File a Notice of Claim (for Public Entities)
If the accident involves a municipality or public corporation (including the Rhode Island Public Transit Authority), you must serve a written notice of claim within one year of the accident under R.I. Gen. Laws § 45-15-5. See https://webserver.rilin.state.ri.us/Statutes/TITLE45/45-15/45-15-5.HTM - Consider the Carrier’s Insurance Coverage
Rhode Island’s Financial Responsibility Law requires private bus operators to carry auto liability insurance. The minimum limits and reporting requirements appear in R.I. Gen. Laws § 31-31-2. See https://webserver.rilin.state.ri.us/Statutes/TITLE31/31-31/31-31-2.HTM - File Your Lawsuit Before the Statute of Limitations Expires
Personal injury suits in Rhode Island must be filed within three years of the accident date. See R.I. Gen. Laws § 9-1-14. https://webserver.rilin.state.ri.us/Statutes/TITLE9/9-1/9-1-14.HTM - Negotiate or Litigate
After filing, you can negotiate a settlement with the insurer. If negotiations fail, proceed to trial to present evidence and seek a verdict.
Helpful Hints
- Keep a detailed log of your pain levels, symptoms, and how injuries impact daily life.
- Retain all medical bills, receipts for out-of-pocket expenses, and documentation of lost wages.
- Avoid discussing fault at the accident scene or on social media.
- Photograph any property damage and the accident location from multiple angles.
- Consult a qualified personal injury attorney early to preserve evidence and ensure compliance with notice and filing deadlines.