Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
If you ride a bus in Pennsylvania and suffer injuries in an accident, you may recover compensation by following structured steps under Pennsylvania law.
1. Seek Immediate Medical Treatment
Obtain prompt medical care. Document your injuries and save all medical records, bills and treatment reports. Timely treatment not only preserves your health but also creates critical evidence for your claim.
2. Preserve Evidence at the Scene
Collect the following before leaving the scene or as soon as possible:
- Photographs of your injuries, vehicle damage, skid marks, road conditions and traffic signs.
- Names and contact details of witnesses, bus driver and other involved parties.
- A copy of the official accident or police report.
3. Identify Responsible Parties
Pennsylvania law allows you to hold any negligent party liable, including the bus driver, bus company, maintenance contractors or vehicle manufacturers. Public transit providers may have limited immunity, but you can still pursue claims under the Pennsylvania Tort Claims Act with proper notice.
4. File an Insurance Claim
By law, every commercial bus operator must carry liability insurance under 75 Pa.C.S. §1731. File a claim directly with the bus company’s insurer. Provide detailed records of your injuries, expenses and wage losses.
5. Consider a Lawsuit if Negotiations Stall
If the insurer denies or undervalues your claim, you can file a lawsuit in Pennsylvania court. Your attorney will prepare a complaint outlining your damages and supporting evidence.
6. Respect the Statute of Limitations
You generally have two years from the accident date to file a personal injury suit under 42 Pa.C.S. §5524(2). After this period, courts usually bar most injury claims. 42 Pa.C.S. § 5524(2)
7. Account for Comparative Negligence
Pennsylvania follows a modified comparative negligence rule. If you are partly at fault, your compensation reduces by your percentage of fault—but you recover nothing if you bear more than 50% responsibility. 42 Pa.C.S. § 7102
Helpful Hints
- Always call 911 and request a police report to support your claim.
- Keep a daily journal of pain levels, doctor visits and missed work.
- Notify a public entity within six months if a government-operated bus caused your injury (42 Pa.C.S. § 5522).
- Do not share recorded statements with insurers without legal counsel.
- Consult an attorney early to navigate complex liability and insurance issues.