Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific circumstances.
Detailed Answer
When you’re injured as a passenger in a New Jersey bus accident, you have several pathways to seek compensation. Your approach depends on whether the bus is privately owned or operated by a public entity such as NJ Transit.
1. File a Personal Injury Protection (PIP) Claim
New Jersey uses a no-fault insurance system under N.J.S.A. 39:6A-4. Regardless of fault, your own auto insurer (or the bus company’s insurer if you lack coverage) must pay Personal Injury Protection benefits for:
- Medical expenses (up to policy limits, often $250,000)
- Lost wages
- Essential services (child care, housekeeping)
- Survivor’s loss benefits, if applicable
You must submit medical records and wage documentation promptly to trigger these benefits.
2. Pursue a Tort (Negligence) Claim
To recover beyond PIP—especially for pain, suffering, or non-economic losses—you must show the bus operator’s negligence:
- Duty: The driver owed you a duty of safe transport.
- Breach: The driver violated that duty (e.g., speeding, distracted driving).
- Causation: The breach caused your injury.
- Damages: You suffered measurable harm (medical bills, disability).
If the bus is privately owned, file your lawsuit within two years of the accident under N.J.S.A. 2A:14-2. The bus operator’s insurer must carry minimum liability coverage under N.J.S.A. 39:6A-8.
3. Claims Against Public Entities
If NJ Transit or a municipal bus injured you, you must follow the New Jersey Tort Claims Act:
- File a Notice of Claim within 90 days of the accident as required by N.J.S.A. 59:8-8.
- Wait 6 months for a response. If the entity denies or fails to act, you may file suit.
- File a lawsuit no later than two years from the accident date under N.J.S.A. 2A:14-2.
4. Proving a Serious Injury Threshold
Under N.J.S.A. 39:6A-8(d), you can pursue non-economic damages only if your injuries meet the “serious injury” threshold. Examples include:
- Disfigurement
- Bone fractures
- Permanent injury or scarring
- Permanent loss of a bodily function
Helpful Hints
- Seek medical attention immediately and document all injuries.
- Report the accident to law enforcement and request a copy of the police report.
- Preserve evidence: photos, surveillance footage, and bus route logs.
- Collect witness names and contact information.
- Notify any insurance companies promptly to start PIP benefits.
- Observe all deadlines: PIP submissions, Notice of Claim, and the statute of limitations.
- Consult an attorney experienced in bus-accident cases to evaluate your injury threshold and damages.