Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Understanding Bus Accident Claims Under Michigan Law
After a bus accident, you must establish negligence. Under Michigan’s comparative negligence rule, you can recover damages so long as you are less than 50% at fault. (See Michigan Compiled Laws § 600.2959: MCL 600.2959.)
Statute of Limitations
Michigan gives you 3 years from the date of injury to file a personal injury lawsuit. (MCL 600.5805(2): MCL 600.5805.) Missing this deadline usually bars your claim.
Special Rules for Public Bus Claims: Governmental Immunity
If a government or transit authority operates the bus (city, county, or state), you must give written notice within 182 days of the crash. (MCL 691.1404(1): MCL 691.1404.) File your notice with the clerk of that governmental unit by certified mail. Without timely notice, the court may dismiss any lawsuit under the Governmental Immunity Act (MCL 691.1407: MCL 691.1407).
Gathering Key Evidence
Build a strong claim by collecting:
- Police and incident reports;
- Photographs of vehicle damage, road conditions, and injuries;
- Bus maintenance logs and driver duty records;
- Medical records, bills, and expert opinions;
- Witness names, statements, and contact information.
Filing Your Lawsuit
For private carriers, file a civil complaint in the county where the crash occurred. Serve the bus company according to Michigan Court Rules. For government defendants, wait at least 60 days after notice of intent expires before filing your complaint under the Governmental Immunity Act.
Calculating Damages
You may seek economic losses (medical bills, lost wages, property damage) and noneconomic losses (pain and suffering). Michigan caps certain noneconomic damages against government entities at $500,000 per person. Review MCL 691.1407(5): MCL 691.1407(5).
Helpful Hints
- Start documenting immediately: photos, notes, phone contacts.
- Request all medical records and bills to date of settlement.
- Track lost wages with employer statements and pay stubs.
- Keep copies of notices, filings, and correspondence.
- Consult an attorney early to preserve deadlines and immunity rules.