Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
1. Seek Medical Attention and Document Your Injuries
After a bus accident, your health is the top priority. Visit an emergency room or your primary care physician immediately. Keep all medical records, bills, prescriptions, and doctor’s notes. These documents serve as key evidence of your injuries and treatment costs.
2. Preserve Evidence at the Scene
If you can safely do so, take photographs of the bus, the accident site, road conditions, visible injuries, and any property damage. Gather contact information from witnesses and request a copy of the bus driver’s accident report or incident number.
3. Identify Potential Defendants
Determine whether the bus was operated by a private company or a public entity such as the Utah Transit Authority (UTA). Claims against government-operated buses involve additional procedural requirements (see Utah Code §63G-7-301: Governmental Immunity Act notice).
4. Provide Notice of Claim (If the Bus Is Government-Operated)
If the bus is owned or operated by a government agency (e.g., UTA), you must file a written “Notice of Claim” within one year of the accident under Utah Code §63G-7-301. This notice should include:
- The date, time, and location of the accident
- A brief description of the injury and damages
- Your name, address, and contact information
Failure to serve this notice within one year may bar your claim entirely. The agency then has approximately 90 days to accept or deny liability.
5. File Your Personal Injury Complaint
For private bus companies or after notice to a public entity, you commence your lawsuit by filing a complaint in Utah district court. Under the Utah Rules of Civil Procedure, Rule 3, you must serve the defendants with a copy of the complaint and a summons.
6. Observe the Statute of Limitations
Utah’s statute of limitations for personal injury claims is four years from the date of the accident. See Utah Code §78B-2-307: Time Limitations – Personal Injury. Missing this deadline typically results in dismissal of your case.
7. Engage in the Discovery Process
After service, both sides exchange information through written questions (interrogatories), document requests, and depositions. This phase uncovers evidence on liability and damages.
8. Negotiate or Litigate
Most bus-accident claims settle before trial. Your attorney can negotiate with the bus company’s insurance or the government’s legal department. If settlement talks fail, prepare for trial where a judge or jury will decide your case.
Helpful Hints
- Start your claim promptly to preserve evidence and witness memories.
- Keep a detailed accident journal noting symptoms and out-of-pocket expenses.
- Obtain a copy of the bus operator’s employment and safety records.
- Consult an attorney experienced in Utah bus-accident claims early in the process.
- Review your own auto insurance policy for potential underinsured motorist coverage.