Mass Transit Accidents: Who’s Liable and How to Handle a Claim

Ladyblogger
July 20, 2013

Mass transit accidents can be complicated cases when many individuals are involved. Of course, even those accidents with just one victim apply as well. It is important to understand that the claimant must able to prove in court that the accident occurred due to the fault of the mass transit agency. Cases can be adjudicated on a reasonable duty of care responsibility for the respondent and negligence is not always required as a component. Mere location can create responsibility and negligence may result from extenuating case facts. Potential mass transit respondents include such entities as ferry operators, bus lines, railway systems, and subway systems. Even a taxi cab company can be considered for a mass transit lawsuit.

Statute of Limitations

Filing a personal injury claim is always restricted to limitations. Some states allow for a three-year statute, so an injury that manifests slowly can still be considered for potential financial damage recovery. An accident injury attorney firm has to file a Notice of Claim within 90 days for their clients. Civil cases are usually given only a one-year limitation. Meeting the time requirements is crucial to any personal injury claim because an expired statute is a permanent summary dismissal, which will be requested by the respondent and determined by the court first. Many mass transit companies have an even shorter formal filing process with the agency for most simple cases.

Very often a lawsuit is not necessary, but complicated cases involving multiple passengers are usually delayed to limit payouts or include as part of an upcoming operational budget when insurance is not sufficient for settlement. Reporting the injury timely is of utmost importance.

Hiring an Attorney

Hiring a personal injury attorney who handles mass transit accidents regularly is always a good idea, even in cases that may seem relatively simple. The standard claim process utilized by many mass transit agencies is not necessarily in place to assist the claimant. It can be a cost-saving activity also when the injured party attempts to handle the case directly. A mass transit accident attorney can evaluate the case for other possible winnable claims or an increased damage settlement in serious cases.

Mass transit accidents can result in wrongful death or extended liabilities when an accident causes serious injuries and other precarious conditions. Employing an attorney is worth the investment because they are equipped to maximize a claim in areas that a novice injured party often does not legally understand. It is not necessary to wait for a claim denial before hiring a mass transit accident attorney.

Multiple Respondents

Every mass transit personal injury case should be evaluated for multiple litigant possibilities. Mass transit accidents can include negligence on the part of several respondents and this can help maximize the claim. It is important to remember that mass transit operations have specific insurance requirements beyond those of the general population or a typical business. Even taxi companies must carry increased liability and injury damage minimums. Hiring an attorney can help this process immensely, as an experienced mass transit accident attorney understands where to look for potential respondents that the injured party may miss.

Mass transit accidents can easily result in serious and long-term physical injury involving several claimants. Each claimant should have a personal injury attorney. Becoming a part of a class action suit is not always a method for maximum settlement, as each injured party may not receive the official court scrutiny they would receive in an individual claim. Always hire an attorney with solid experience with a mass transit accident to handle a case which has involvement from the court system.

Free lance legal writer Lisa Coleman writes to educate what a MTA or mass transit accident is, the kind of transportation that it can include, and how a victim can legally handle a claim with the employment of an accident injury attorney. The Perecman Firm, P.L.L.C., an accident injury attorneys New York City based group, is knowledgeable and equipped to represent any victim that has been involved in a mass transit accident, regardless of the legalities that progress.