What Are the Steps to Take When Injured in a Public Transit Accident?

Getting hurt in a public transit accident, like on a bus or train, is something none of us expect. But when it happens, knowing what to do next will protect your health and your right to compensation. Public transit systems are often run by government entities, which means special rules apply to claims, and things can get complicated. Talk to a San Antonio personal injury lawyer as soon as you can to find out more about what to do.

Steps to Take If You’re Injured on San Antonio Public Transit

Immediate Actions at the Scene

Right after the accident, check yourself and others for injuries. Don’t move if you suspect there’s a serious issue. Just wait for the paramedics, and if the accident involves a bus hitting another vehicle or a train derailment, be sure to stay clear of traffic or the tracks. Notify the driver or operator immediately about what happened if it’s not already obvious. For example, if you’re on a bus and it overturns, the driver knows! But if there’s been a sudden stop and someone has hit their head, the driver might not be aware that anyone was injured and you’ll need to tell him or her.

Reporting the incident creates an official record, and you’ll need this later. If possible, get the driver’s name, badge number, and the vehicle’s ID. Call 911 without delay if there’s any injury. Police will arrive to document the scene, interview witnesses, and create a crash report that will include details like what the weather conditions were, reports on the vehicle speeds, and usually an initial assessment of fault. You’ll want all this later.

Document the Evidence

If you’re physically able to, use your phone to take photos of the scene. Capture pictures of the vehicles involved and any damage, any hazards like wet floors, and your injuries. Be sure to get both wide shots and close-ups. Next, collect witness information. Get the names, phone numbers, and a brief description of what they saw from people nearby, and pass all this off to your lawyer. 

If there’s surveillance footage, note the placement of the camera so the footage can be requested later. As soon as you can, write down your account while it’s still fresh in your mind. Finally, preserve all physical evidence, like any torn clothing or damaged belongings, until it can be officially recorded.

Seek Medical Attention

No matter how small the injury feels, see a doctor as soon as possible afterward. Adrenaline can mask pain, and there are some injuries that don’t show symptoms immediately. If paramedics are on site, let them evaluate you and transport you to the hospital if needed. Whatever emergency treatment you get, follow up with your primary care doctor or a specialist and get copies of all your medical records, including diagnoses, treatments, and bills. These prove the extent of your injuries for any claim, and delaying treatment can lead to an insurer trying to claim your injuries weren’t that serious or maybe weren’t related to the accident at all.

Track any ongoing symptoms you suffer from and make notes about how they are affecting your daily life. This documentation is often helpful when we’re calculating your compensation for pain and suffering. Be sure to follow all doctor instructions carefully. If you’re told not to do something for a while, for example, be sure not to. If you don’t follow medical orders, it could be argued that you’ve made your injuries worse.

Talk With a Personal Injury Lawyer

Once you’re done being seen by medical professionals, talk to a personal injury lawyer. You can line up a free consultation to at least find out where you stand, and you’ll definitely want a lawyer’s help if you’re trying to bring a claim against a business or the government. Your lawyer will make sure nothing gets missed, keep your claim on track, and allow you to concentrate on healing rather than trying to keep up with the nearly endless amounts of paperwork.

Reporting the Incident

Once your medical needs are taken care of, report the accident to the transit authority as soon as you can. Provide them with details: the date, time, location, and a description of events. They might send an investigator or ask for a statement, and it’s a good idea to have your lawyer help you prepare for this statement.

If the transit is government-operated, San Antonio law requires that you make formal notice of your intention to bring a claim within 90 days, but be aware that other municipalities may require you to notify them in as little as 30 or 60 days. The city then has 60 days to respond to you. This notice must be made online and must include your name, contact info, injury description, and an explanation of how the accident occurred. If you don’t make this initial report, you won’t be able to bring a claim at all.

Liability in Texas Public Transit Accidents

Determining who’s at fault can be especially convoluted with public transit. Actions against private companies, like charter buses, will follow standard personal injury rules, but for government entities, damages are capped, and there are stricter time limits and more hoops to jump through. You can only recover a maximum of $250,000 per person and $500,000 per incident for injuries, plus $100,000 for property damage.

Potential Compensation

You can seek reimbursement for your economic damages like medical bills, rehab, and lost income as well as any property damage you sustained. You can also make a claim for non-economic damages, which are the techincal legal term for for pain and emotional distress. As mentioned above, there are strict caps for claims against the city, but private cases have no limits, so if fault lies with a private driver who hit your bus or with a private transit company, you can pursue more.

Texas doesn’t allow punitive damages to be brought against governments, but these are possible with private claims. Be aware that punitive damages are very rare, however. You’ll need to show that someone acted with reckless disregard for the safety of others or knowingly tried to injure you.

Why Transit Claims Are Difficult (And a Lawyer Is Essential!)

Obviously one of the biggest challenges is government immunity. This complicates things and requires you to show obvious proof of everything. It also limits the time you have to bring a claim as well as the amounts you can claim for your damages. When you deal with private entities, the complication is insurers who may try to shift blame onto other entities. Insurers also love to fight claims and dispute injuries.

Furthermore, gathering evidence from the transit agency can be tough, and they control footage and records. Having a lawyer is the way forward here, as your lawyer will be able to subpoena footage if the transit company won’t give it willingly.

Don’t try to handle all this alone. Work with a lawyer who knows Texas laws, how to negotiate settlements (even against the government), and who will meet deadlines and keep your claim safe. Contact the Gamez Law Firm in San Antonio, McAllen, Laredo, Austin, or Houston today for experienced help.