If a city bus has hit you, you might wonder if you can hold the city responsible for what happened. The short answer is yes, you can sue the city if a city bus hits you. But it's not always easy.
This guide will explain what you need to know if you find yourself in this tough spot. We'll cover the steps after the accident, how suing a city works, and why having a personal injury lawyer can make a big difference.
Remember, your health comes first, but understanding your legal rights is important too. Let's dive in and explore what options you have when a city bus turns your world upside down.
The First Steps After an Accident Involving a City Bus
Your health should be the top concern right after being hit by a city bus. Even if you feel okay at first, getting checked out by a doctor is smart. Some injuries don't show up immediately, and a medical record of your condition is important. Follow your doctor's advice and keep track of all your medical care.
As you focus on getting better, you might worry about the costs piling up. Medical bills, missed work, and other expenses can add up fast. This is where the idea of suing the city might come to mind. You're probably wondering if it's possible to sue a city government. The short answer is yes, but it's not always simple.
Can You Really Sue the City?
The truth is, you can sue a city if a city bus injures you. However, some special rules make it different from suing a regular person or company. Cities have something called "sovereign immunity," which means they have some protection from lawsuits. But this doesn't mean you can't sue them at all.
Most cities have given up some of this immunity, especially concerning car accidents caused by city vehicles. If a city bus driver was careless and caused your accident, you might have a case against the city.
Why Suing a City is More Complicated
Suing a city government isn't like suing your neighbor. There are extra steps and rules you need to follow. For example, you must usually file a special notice with the city before you can sue them. This notice must be filed quickly after the accident, often within just a few months.
There are limits on how much money you can ask for in a lawsuit against a city. These limits can be much lower than you might get using a private bus company. This is why it's so important to have a personal injury lawyer on your side who knows all these special rules.
The Importance of Evidence
If you're considering suing the city after being hit by a bus, you'll need strong evidence to support your case. This includes things like:
- Photos of the accident scene
- Witness statements
- Police reports
- Your medical records
- Any video footage of the accident
The more proof you have that the bus driver or city was at fault, the stronger your case will be. A personal injury attorney can help gather and organize all this evidence.
Understanding Your Damages in Cases Involving City Buses
When we talk about "damages" legally, we mean all the ways the accident has affected you. This includes obvious medical bills and lost income from missing work. But it can also include less obvious costs, like future medical care you might need or the pain and suffering you've gone through.
In a lawsuit against the city, you will request payment for these damages. It's important to understand the full extent of how the accident has impacted your life. A personal injury lawyer can figure out what your case might be worth.
The Role of Negligence in City Bus Accidents
For your case against the city to be successful, you'll need to show that the bus driver or someone else working for the city was "negligent." This means they weren't being as careful as they should have been.
Some examples of negligence in a bus accident might be:
Speeding Bus Drivers: A Serious Danger
When a city bus driver speeds, they put everyone at risk. Buses are big, heavy vehicles that take longer to stop than cars. When they're going too fast, the danger grows even more. A speeding bus cannot stop in time for a red light or a pedestrian crossing the street. Speed becomes even more dangerous in bad weather, like rain or snow.
If a speeding city bus hits you, this can be a key part of your case. Bus drivers are supposed to follow the speed limit and drive safely in the right conditions. When someone gets hurt, the city might face responsibility when it doesn’t. Your personal injury lawyer will work to gather evidence of the bus's speed. This might include witness statements, traffic camera footage, or data from the bus itself.
Learn more: How to File a Bus Accident Claim
Running Red Lights
A bus driver who runs a red light is breaking one of the most basic traffic laws. Red lights are there to keep traffic moving safely and to protect pedestrians. When a bus runs a red light, it can cause devastating accidents.
If the bus that hit you ran a red light, this is a clear sign of wrongdoing. Your personal injury lawyer will focus on proving this happened. They might look for traffic camera footage, talk to witnesses, or check the bus's onboard camera if it has one. Running a red light is such a serious mistake that it can strengthen your case against the city.
Poor Bus Maintenance
Sometimes, the problem isn't with the driver but the bus itself. Cities must keep their buses in good working order. This means regular check-ups, fixing problems quickly, and replacing old parts. When cities cut corners on bus maintenance, it can lead to accidents.
Poor maintenance might mean faulty brakes that don't stop the bus in time. It can be worn-out tires that can't grip the road properly. Or it might be engine problems that cause the bus to stall in a dangerous spot. If poor maintenance played a role in your accident, your personal injury lawyer will investigate the bus's repair records. They'll look for signs that the city neglected its duty to keep the bus safe.
Distracted Driving
In today's world, distractions are everywhere. Like any other drivers, bus drivers can fall victim to these distractions. But when they do, the results can be catastrophic. A distracted bus driver might miss a stop sign, fail to see a pedestrian or drift into another lane.
Distractions can come in many forms. It might be a cell phone, even though using one while driving a bus is against the rules. It can be eating or drinking while driving. Or it might be something as simple as adjusting the radio or talking to a passenger. Whatever the cause, distracted driving is dangerous driving.
If the bus driver who hit you was distracted, your personal injury attorney will work to prove it. They might look for cell phone records, talk to passengers who saw what happened or check the bus's internal cameras. Proving distraction can be difficult, but it's important to show that the driver and the city are at fault.
Time Limits on Filing a Lawsuit for a City Bus Accident
One of the most important things to know about suing a city is that there are strict time limits. These are called "statutes of limitations." If you wait too long to file your lawsuit, you might lose your chance to sue altogether.
The time limit for suing a city is often shorter than other types of lawsuits. In some places, you might have only a few months to file that special notice we discussed earlier. This is why it's important to talk to a personal injury lawyer as soon as possible after your accident.
The Legal Process of Suing a City After Being Hit by a Bus
If you decide to sue the city after being hit by a bus, here's a general idea of what the process might look like:
Filing a Notice of Claim
This is that special notice we've mentioned. It tells the city that you plan to sue them. Your personal injury lawyer will ensure this is filed correctly and on time.
Investigation Period
After you file the notice, the city will investigate your claim. They might ask for more information or try to settle with you.
Filing the Actual Lawsuit
If you can't settle with the city, your personal injury lawyer will file a lawsuit in court.
Discovery
Discovery is where both sides share information about the case. You might have to answer questions or give a deposition (a formal interview under oath).
Negotiations and Possible Settlement
Many cases settle before they go to trial. Your personal injury lawyer will negotiate with the city's lawyers for a fair settlement.
Trial
If your case doesn't settle, it will go to trial. This is when a judge or jury hears all the evidence and decides if the city should pay you damages.
This process can take months or even years. Having a personal injury lawyer to guide you through it all can make a big difference.
Dealing with Insurance Companies
After a bus accident, you'll probably have to deal with insurance companies. This might be your insurance company, the city's insurance, or both. It's important to be careful when talking to insurance adjusters. They might try to get you to say things that can hurt your case or offer you a quick settlement that's less than you deserve.
This is another area where a personal injury lawyer can really help. They can handle all communications with insurance companies for you, protecting your rights.
The Value of a Personal Injury Lawyer
Throughout this guide, we've mentioned personal injury lawyers a lot. There's a good reason for that. Suing a city after being hit by a bus is a big task. It involves complicated laws, strict deadlines, and going up against a powerful opponent with lots of resources.
A personal injury attorney who has experience with these kinds of cases can:
- Make sure you meet all the legal deadlines
- Gather and organize all the evidence you need
- Handle all the paperwork and legal filings
- Negotiate with the city and insurance companies on your behalf
- Represent you in court if your case goes to trial
Perhaps most importantly, a personal injury lawyer can give you peace of mind. While you focus on getting better, they can handle your claim's legal side. This can take a huge weight off your shoulders during a stressful time.
Possible Outcomes of Your City Bus Accident Case
When you sue the city after a bus accident, there are a few possible outcomes:
Settlement
Many cases end in a settlement. This is when the city agrees to pay you a certain amount to drop the lawsuit. Settlements can happen at any point during the legal process.
Court Victory
If your case goes to trial and you win, the court will order the city to pay you damages.
If You've Been Hit by a City Bus, Don't Wait to Get Legal Help
Being hit by a city bus is a serious situation that can have long-lasting effects on your life. While you have the right to sue the city for your injuries and other damages, the process can present challenges.
Having a personal injury lawyer on your side can make a big difference. They can guide you through the legal process, fight for your rights, and get the compensation you deserve. This allows you to focus on what's most important: your recovery.
If a city bus has struck you, don't wait to seek legal help. Contact a personal injury lawyer today to learn about your options and start protecting your rights. This important step can make a significant difference in your case, and your future self will thank you for being proactive.
