Detailed Answer
Filing a personal injury claim after a bus accident in Pennsylvania starts with understanding your rights and the legal process. Follow these steps to build a strong claim:
1. Seek Medical Care and Document Injuries
Get emergency treatment even if injuries seem minor. Keep medical records, bills, and doctor’s notes to prove your injuries and link them to the accident.
2. Report the Accident and Obtain an Incident Report
Call 911 or local police. Request a copy of the crash report. If the bus belongs to a public transit authority, ask for their internal incident report.
3. Preserve Evidence
Photograph vehicle damage, road conditions, and visible injuries. Collect contact information from witnesses to support your version of events.
4. Identify the Responsible Party
Is the bus privately owned or operated by a public agency? Private carriers face ordinary negligence rules. Public entities may enjoy limited immunity.
5. Understand Filing Deadlines
For private bus operators, you have two years from the accident date to file a lawsuit under 42 Pa.C.S. § 5524. If you sue a government entity, file a notice of claim within six months under 42 Pa.C.S. § 5522.
6. File a Notice of Claim (Public Entities Only)
Provide written notice to the agency’s risk management office. Include the accident date, location, injuries, and damages. Failure to comply can bar your claim.
7. Draft and File Your Complaint
Work with an attorney to prepare a complaint detailing the parties, allegations, and damages. File it in the Court of Common Pleas where the accident occurred.
8. Serve the Defendant
Deliver the filed complaint and a summons to the bus company or government agency according to Pennsylvania Rules of Civil Procedure.
9. Proceed Through Discovery and Settlement Negotiations
Exchange evidence, answer written questions, and attend depositions. Use this information to negotiate a settlement or refine your trial strategy.
10. Prepare for Trial (If Necessary)
If you cannot settle, go to trial. Present evidence, call witnesses, and let the jury decide liability and damages.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Keep a detailed pain and treatment journal.
- Store all medical and repair bills in one file.
- Note names and badge numbers of responding officers.
- Take photos from multiple angles at the accident scene.
- Ask witnesses for written statements if possible.
- Avoid social media posts about the accident or injuries.
- Consider expert inspections of the bus or crash scene.
- Track lost wages with pay stubs and employer statements.