Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
1. Seek Immediate Medical Attention
After a bus accident, your health is the top priority. Obtain prompt medical care—even if injuries seem minor. Detailed medical records serve as critical evidence when you pursue compensation.
2. Preserve Evidence at the Scene
Whenever possible, take photographs of the accident scene, your injuries, vehicle damage and any hazardous conditions (wet floors, poor lighting, uneven pavement). Collect contact information for the bus driver, witnesses and other parties involved.
3. Identify Potential Defendants
Liability may rest with the bus driver, the bus company or a government entity if it’s a public carrier. A private bus company faces standard negligence rules. A public transit operator may be protected by the New Hampshire Tort Claims Act (RSA 541-B), requiring specific notice procedures.
4. File an Insurance Claim
Most buses carry liability insurance. Notify the insurer promptly and provide your medical records, accident report and witness statements. Insurers often limit claim windows, so act quickly.
5. Meet Statute of Limitations Deadlines
New Hampshire law generally allows three years to file a personal injury lawsuit against a private carrier (RSA 508:4). For claims against public entities, check notice and filing deadlines under the Tort Claims Act (RSA 541-B), which may require notice within 180 days.
6. Understand Comparative Negligence
New Hampshire follows a modified comparative negligence rule. If you are partially at fault, your award reduces by your percentage of fault. You cannot recover if you bear more than 50% of the blame (RSA 507:7).
7. Consider Hiring an Attorney
A personal injury attorney can help investigate, negotiate with insurers and meet strict deadlines. Many operate on a contingency fee basis, meaning you pay only if you recover compensation.
Helpful Hints
- Keep a detailed journal of pain levels, treatments and expenses.
- Obtain a copy of the police or incident report from the bus company.
- Do not admit fault or accept a settlement without fully exploring your rights.
- Ask for surveillance footage or GPS data from the bus operator.
- Track all out-of-pocket costs: transportation, medication, rehabilitation.