Pursuing Compensation After a Missouri Bus Accident
Disclaimer: This article is for educational purposes and does not constitute legal advice. Always consult a qualified attorney for guidance specific to your situation.
1. Immediate Steps After the Accident
After a bus accident, focus on your health and safety. Seek medical attention even if you feel fine. Prompt treatment creates a clear record of your injuries. Ask the bus driver or company representative for an incident report. Collect contact information from witnesses and take photos of the scene and your injuries.
2. Identifying the Responsible Party
Determine who owes you a duty of care. In Missouri, privately owned bus companies act as common carriers and must exercise the highest care toward passengers. Public transit agencies and municipalities may enjoy governmental immunity under RSMo § 537.600, but RSMo § 537.610 (https://revisor.mo.gov/main/OneSection.aspx?section=537.610&bid=29505) waives immunity for automobile-related accidents. If the bus was privately owned, you sue for negligence. If it was public, you must comply with notice requirements before filing suit.
3. Filing a Claim
For private carriers, send a formal demand letter to the bus company’s insurer detailing your injuries, medical treatment, and damages. For government-owned buses, submit a written claim to the appropriate entity (city, county or transit authority) within 90 days of the accident as required by RSMo § 537.300 et seq. If the claim is denied or not answered within 60 days, you may file a lawsuit.
4. Statute of Limitations
Missouri sets a five-year deadline for personal injury claims. Under RSMo § 516.140(1), you must file your lawsuit within five years of the accident date or lose the right to sue.
5. Types of Damages
You may recover economic and non-economic damages, including:
- Medical expenses (past and future)
- Lost wages or reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage (if you carried personal items)
6. Working with an Attorney
A qualified personal injury attorney can investigate liability, negotiate with insurers, and file your lawsuit. Many work on contingency, meaning they only collect fees if you recover compensation. Ask about experience with bus-accident claims and any government-immunity issues.
Helpful Hints
- Document every medical visit and expense.
- Keep a daily journal of pain levels and activity limitations.
- Preserve bus tickets, boarding passes or schedules.
- Obtain a copy of the bus company’s safety records if possible.
- Act promptly to meet notice and filing deadlines.