Detailed Answer
In Oklahoma, a passenger injured in a bus accident can seek compensation by filing a negligence claim against the party at fault. Whether the bus is privately owned (e.g., charter or tour bus) or operated by a public agency (e.g., city transit), the process involves similar steps with some variations for government claims.
1. Establishing Negligence
You must prove four elements:
- Duty of Care: The bus driver and company owe passengers a duty to operate the vehicle safely.
- Breach: Show the driver or owner violated safety rules—speeding, ignoring traffic signals, or poor maintenance.
- Causation: Link the breach directly to your injuries (e.g., collision caused by speeding).
- Damages: Document physical injuries, medical bills, lost wages, and pain and suffering.
2. Private vs. Public Bus Claims
If the bus is privately owned, you file a standard personal injury lawsuit in district court within two years.
- Statute of Limitations: 12 O.S. § 95(A)(3) requires filing within two years of the accident. 12 O.S. § 95.
For injuries on a government-owned bus (city, county, state agency), you must follow the Oklahoma Governmental Tort Claims Act (GTCA).
- Notice Requirement: Provide written notice to the governing agency within 180 days. 51 O.S. § 157(B).
- Filing Suit: If the claim is denied or not resolved within 90 days after notice, you may file suit in district court. Default judgment rules apply if the agency fails to respond.
- Cap on Damages: Oklahoma caps non-economic damages against government entities at $125,000 per person. See 51 O.S. § 154(C).
3. Evidence Gathering and Documentation
Start building your claim immediately:
- Seek prompt medical attention and keep all treatment records.
- Take photos of the accident scene, vehicle damage, and injuries.
- Get witness names and contact information.
- Preserve bus maintenance logs and driver records through discovery.
4. Comparative Fault in Oklahoma
Oklahoma follows a modified comparative fault rule: your compensation is reduced by your percentage of fault, but you cannot recover if you are 50% or more responsible. 23 O.S. § 13.
5. Hiring an Attorney
An experienced personal injury attorney can:
- Advise on meeting strict deadlines, including GTCA notice.
- Handle evidence preservation, investigation, and expert witnesses.
- Negotiate with insurers or file suit if necessary.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney about your specific situation.
Helpful Hints
- Report the accident to the bus company or transit authority immediately.
- Keep a dedicated folder for all accident-related documents and correspondence.
- Write down your memory of events while they’re fresh.
- Understand applicable deadlines: 2-year suit deadline for private claims, 180-day notice for government claims.
- Avoid discussing fault or accepting early settlements without legal advice.