Detailed Answer
When a passenger suffers injury in a bus accident in Minnesota, they can file a claim against the bus operator or owner to recover compensation for medical expenses, lost wages and pain and suffering. Minnesota law bases most injury claims on negligence. To succeed, you must show that the bus driver or company breached a duty of care, and that breach caused your injuries.
1. Seek Immediate Medical Care
Get prompt medical treatment. Your injuries and treatment records serve as key evidence in a claim for compensation.
2. Report the Accident
Inform the bus company or transit agency in writing. If the bus belongs to a state, county or city, you must also file a Notice of Claim under Minnesota Statutes § 466.04 within 60 days. (See Minn. Stat. § 466.04.)
3. Preserve Evidence
Collect the driver’s name, badge number, vehicle details and photos of the crash scene. Obtain witness statements and contact information. Keep copies of all accident reports.
4. Identify Responsible Parties
You may name the bus driver, the bus company, or a government entity if a public transit vehicle caused your injuries. Minnesota imposes vicarious liability on employers for their employees’ negligent acts.
5. File an Insurance Claim
Submit your written demand to the bus insurer. Include medical bills, wage statements and a summary of injuries. Maintain all medical records and receipts.
6. Understand the Statute of Limitations
In Minnesota, you generally must file a personal injury lawsuit within two years of the accident date. (See Minn. Stat. § 541.07.) Missing this deadline may bar your case entirely.
7. Calculate Recoverable Damages
You can recover economic damages (medical costs, lost income, rehabilitation) and non-economic damages (pain, suffering, disability). Minnesota does not impose a cap on most personal injury awards.
8. Account for Comparative Fault
Minnesota follows a comparative negligence system. If you share fault, the court reduces your award by your percentage of responsibility.
Consult a qualified personal injury attorney to review your case and represent you in settlement negotiations or court.
Helpful Hints
- Always document every medical visit and expense related to the bus accident.
- Keep copies of all correspondence with insurers and transit agencies.
- Obtain expert opinions—such as accident reconstruction or medical experts—to strengthen your claim.
- Track lost wages with pay stubs, employer statements and tax returns.
- Submit your Notice of Claim on time if a government bus caused your accident.
Disclaimer: This article provides general information under Minnesota law. It does not constitute legal advice. Consult an attorney for guidance specific to your situation.