Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss the facts of your case.
Detailed Answer
1. Seek Immediate Medical Care
Your health comes first. Visit an emergency room or urgent care right after a bus accident. Prompt treatment documents your injuries and creates medical records that support your claim.
2. Report the Accident
If the bus is publicly operated (for example, a city transit authority), report the collision to the driver and request an incident report. For a private carrier, notify the company’s safety department. Ask for a copy of any written report.
3. Gather and Preserve Evidence
- Take photos of your injuries, the bus, traffic conditions, skid marks and road signs.
- Collect contact information from bus personnel, witnesses and other drivers.
- Preserve your clothing, phone records, medical bills and any follow-up treatment notes.
4. Understand Ohio’s Statute of Limitations
In Ohio, you generally have two years from the date of injury to file a personal injury lawsuit. See Ohio Rev. Code § 2305.10: https://codes.ohio.gov/ohio-revised-code/section-2305.10. Missing this deadline will likely bar your claim.
5. Notice Requirements for Public Bus Operators
If the accident involves a government-run bus (city, county or state transit), you must give written notice to the public entity within 180 days of the crash. Under the Ohio Tort Claims Act, see Ohio Rev. Code § 2744.05: https://codes.ohio.gov/ohio-revised-code/section-2744.05. Deliver your notice by certified mail and keep proof of delivery.
6. File an Insurance Claim
Whether it’s a public or private bus, the carrier’s insurer handles first-party and third-party claims. Provide your incident report, photos, medical records and a demand letter outlining your injuries and damages. Insurers often investigate before offering a settlement.
7. Prepare and File a Lawsuit
If negotiations fail, your attorney drafts a complaint and files it in the appropriate Ohio court—either municipal (for smaller claims) or common pleas. Serve the complaint according to Ohio Civil Rule 4.
8. Settlement vs. Trial
Most cases settle before trial after exchanging evidence during discovery. If you cannot reach an agreement, your case goes to trial. A judge or jury will decide liability and damages.
Helpful Hints
- Document every medical appointment and expense.
- Keep a daily pain journal to track symptoms.
- Avoid posting details or photos of the accident on social media.
- Consult an attorney early—many offer free reviews of your claim.
- Stay within deadlines: two years for lawsuits, 180 days for public-entity notice.