How to Pursue Compensation After a Bus Accident in Massachusetts
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
If you are a passenger injured in a bus accident in Massachusetts, you may seek compensation by filing a personal injury claim against the at-fault party. This process involves several steps under Massachusetts law:
1. Identify the Responsible Party
The at-fault party could be the bus driver, the private bus company, or a public transit authority such as the Massachusetts Bay Transportation Authority (MBTA). If the bus is operated by a public entity, you must comply with M.G.L. c. 258, which governs tort claims against government agencies.
2. Statute of Limitations
Under Massachusetts law, most personal injury claims must be filed within three years of the accident date. See M.G.L. c. 260 § 2A.
If you are suing a public transit authority or municipality, you must also file a written notice of claim within two years of the injury under M.G.L. c. 258 § 4.
3. Comparative Negligence
Massachusetts follows a comparative negligence rule. If you share fault for the accident, the court may reduce your recovery by your percentage of fault. See M.G.L. c. 231 § 85.
4. Types of Recoverable Damages
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Permanent disability or disfigurement
5. Gathering Evidence
Collect police reports, witness statements, medical records, and photographs of injuries and accident scenes. Keep a record of all accident-related expenses.
6. Insurance Claims and Litigation
Notify the bus company’s insurer. Many claims settle through insurance negotiations. If negotiations fail, you may file a lawsuit in the appropriate Massachusetts court.
Helpful Hints
- Seek immediate medical attention to document injuries.
- Preserve all evidence, including photos, bills, and correspondence.
- Note important deadlines: 3 years for injury claims, 2 years for public entity notices.
- Obtain a copy of the police or accident report.
- Consider consulting a personal injury attorney experienced in Massachusetts bus accidents.