You get hurt in a bus accident, and you’re unsure how to respond. After you receive medical attention, seek legal help. Talk with a bus accident lawyer in Atlanta, and they can help you take appropriate steps to pursue compensation from any liable parties through a claim or lawsuit.
Van Sant Law has secured hundreds of millions of dollars for our clients, including those injured in bus accidents caused by negligent parties. Our Atlanta personal injury lawyers can review your case. Depending on the situation, we can request economic and non-economic damages from any parties liable for your accident and injuries.
Make the right call as you debate what to do in the aftermath of your accident. Allow our personal injury attorneys to guide you through the legal process as you recover from the incident. To get started, schedule a free consultation.
Why Hire a Lawyer for Your Bus Accident Case in Atlanta?
Hire a bus accident attorney in Atlanta to guide you through the process of filing a claim or lawsuit and position you to recover fair compensation from any responsible parties. Some of the ways your attorney can help you with your case include:
- Investigating your accident involving a bus from a public transit line such as Metropolitan Atlanta Transit Authority (MARTA), CobbLinc, Gwinnett County Transit (GCT), a school bus, an airport bus, or another type of bus, finding out what happened, and identifying any liable parties
- Gathering black box or electronic logging device (ELD) data, accident scene photos, surveillance footage, medical records, and other evidence to use in your argument
- Handling settlement negotiations with a liable party or their insurance company
- Presenting your case to a judge or jury if a trial is needed
- Teaching you about Georgia traffic laws and other rules and regulations that apply to your case
- Sharing legal FAQs and resources with you
Van Sant Law has decades of combined experience. Our team has earned many positive testimonials from clients in personal injury cases. Let us assist you with your accident claim or lawsuit. We will remain on your side and help you make informed legal decisions as your case moves forward. Contact us today.
How We Help Our Clients Pursue Outstanding Results in Bus Accident Cases in Atlanta
To help you achieve your desired case results, our Atlanta bus accident lawyer can put together an argument specific to your case. We’ll account for the facts of your accident and the evidence at our disposal. This helps us craft an argument designed to prove negligence and secure compensatory damages that serve you well now and in the future.
We’ll also consider state laws relative to your case. For example, a Van Sant Law client injured in a MARTA bus crash on Peachtree Street recovered thousands of dollars in damages after our team filed the required ante litem notice within the six-month deadline and pursued the full claim.
MARTA bus claims have a six-month ante litem deadline that most people don’t know about. Missing it means losing your case entirely, which is why calling us immediately after a bus crash is so critical.
What is Your Case Worth?
The damages you can pursue in a personal injury lawsuit in Georgia depend on your quantifiable and subjective losses. Your Atlanta bus accident attorney wants you to recover various types of damages, including:
- Car repair or replacement costs
- Medical expenses
- Lost wages
- Diminished earning capacity
- Pain and suffering
Your personal injury attorney will encourage you to track your accident-related losses for the duration of your case. As you do, they can request compensation for these losses in accordance with Georgia law.
How Much Time Do You Have to File a Bus Accident Lawsuit in Atlanta?
Per the Official Code of Georgia Annotated (O.C.G.A.) § 9-3-33, the statute of limitations for a personal injury lawsuit in Georgia is typically two years. Under state law, for those eligible to file a wrongful death lawsuit, the statute of limitations is also generally two years from the date of death. Certain exceptions apply to both of these statutes of limitations.
Under O.C.G.A. § 36-33-5, you’re required to provide a written ante litem notice (a formal notice before a lawsuit) within six months if you want to sue a municipal corporation (city). The six-month ante litem deadline is the single most important deadline in bus accident cases. Failure to comply with it can bar your claim entirely.
Your Atlanta bus accident attorney can discuss these laws and others that may be relevant to your case. They can walk you through the steps for filing your lawsuit before the deadline in which you’re permitted to do so closes.
How to File a Lawsuit After a Bus Crash in Fulton County
You can file the documents for your lawsuit electronically with the Fulton County State Court Civil Division through the eFileGA online platform. Bus accident lawyers in Atlanta can help you submit the required paperwork for your lawsuit.
If your claim involves a government entity, special notice requirements can apply. For example, O.C.G.A. § 36-33-5 generally requires a written ante litem notice within six months for claims against a municipal corporation. An attorney can determine whether a particular notice requirement applies to your claim and defendant.
At Van Sant Law, we emphasize a 72-hour process covering ante litem notice filing. In your case, your attorney may advise you to gather time-sensitive evidence within 72 hours of your accident. If you don’t, you risk spoliation of evidence, which is the intentional, reckless, or negligent destruction, alteration, hiding, or failure to preserve proof for your case.
Who is Responsible for a Bus Collision?
One or more parties can be held responsible for your collision. Bus accident attorneys in Atlanta can review video footage of your collision, interview witnesses who saw the incident, analyze police reports, and do other things to investigate and assess liability. They may find that any of these parties is at fault:
- Bus driver
- Bus company
- Bus maintenance provider
- Bus parts manufacturer
- Motorist
- Government entity
Per O.C.G.A. § 51-12-33, modified comparative negligence can affect your case outcome. If you sue for accident injuries and are less than 50% liable, you can still recover damages, but these will be reduced by your percentage of fault. On the other hand, if you’re 50% or more at fault, you cannot receive damages.
How to Prove Negligence
Your bus crash lawyer in Atlanta can argue to a judge or jury that a party violated their duty of care to you by committing an act that put the safety of passengers and others at risk. They can also explain how this breach of duty caused your accident and left you with tangible and intangible losses from the incident.
To strengthen your case, your lawyer can help you gather proof from a variety of sources. For instance, following a MARTA accident, they may utilize the MARTA Open Records Portal to request a copy of an official incident report. Outside of this, your attorney may tell you to get medical care after your accident so you can start to collect medical documentation immediately.
Legal Challenges That Can Impact Your Case Outcome
Unfortunately, just because you file a claim or lawsuit for a bus crash doesn’t guarantee that you’ll get compensation for your losses from the incident right away. Your bus collision lawyer in Atlanta wants you to establish realistic expectations for your case. They can talk with you about the legal challenges that can arise in your case, such as:
- Government immunity limitations: Claims involving government entities can be subject to sovereign or governmental immunity and special statutory requirements. MARTA, however, has expressly waived governmental immunity from tort liability under its enabling legislation.
- MARTA insurance: MARTA can operate as a self-insurer or use complex master policies (such as integrated risk or transit master policies) rather than standard commercial auto policies. This can lead to disputes over coverage limits and bad faith.
- Evidence collection: Surveillance footage may be overwritten, vehicles may be repaired or inspected, and witnesses’ recollections may fade. Your attorney can help identify and preserve potentially relevant evidence as soon as possible after your accident.
- Liability disputes in multi-vehicle accidents: If multiple vehicles were involved in your accident, disputes over liability can prolong your case’s timeline.
Personal injury lawyers want to help you overcome legal challenges throughout your case. They strive to stay in constant communication with you and make sure that your legal needs are met consistently.
What You Need to Know About Medical Liens and Subrogation
A medical lien is a legal claim that can come against your bus accident settlement. It can give a medical provider a legal claim against settlement proceeds for unpaid treatment expenses for your concussion, whiplash, and other accident injuries.
In a bus accident case, subrogation refers to the legal process in which your health insurance company or car insurance company claims a portion of your accident settlement or lawsuit payout to reimburse themselves for your medical bills or car repairs that were already covered.
Atlanta bus accident lawyers can provide details about medical liens, subrogation, and other legal topics. They want you to obtain compensation for your medical costs, property damages, and other losses you incur in your accident.
Where Do Bus Accidents Happen in Atlanta?
Based on MARTA incident data, MARTA routes on Peachtree Street, Memorial Drive, and Interstate 285 (I-285) represent high-incident corridors. Some of the reasons why bus accidents happen include:
- Distracted driving
- Driver fatigue
- Poor maintenance
- Lack of training
Meet with bus crash lawyers in Atlanta if you are involved in an accident that occurred for any of these reasons or others. Your attorney can provide recommendations and insights on the steps to take in the aftermath of the incident.
What to Do After a Bus Crash
Call 911 at the scene of your crash, since doing so can bring medical personnel and police officers to the scene. Medical professionals may take you to Grady Memorial Hospital, Piedmont Atlanta Hospital, or another facility for medical care, while police officers can collect information from you and others involved in the accident.
If law enforcement does not investigate the crash at the scene, you may need to complete the Atlanta Police Department (APD) SR-13 form. Your attorney can help you determine what reporting requirements apply to your situation.
Comparatively, if your accident involves MARTA, report the incident to the agency. Do so by contacting the MARTA Police Department or staff on site, and you can secure an official incident or report number.
Work with Our Bus Accident Attorneys in Atlanta
If someone else is responsible for your bus accident and injuries, hold them responsible for the harm that they have caused. Begin by speaking with Atlanta bus crash lawyers who will give your case their personal attention.
Van Sant Law is a Georgia personal injury law firm with a track record of success. Choose us to help you with your bus accident claim or lawsuit, and our personal injury attorneys will work diligently to secure compensation.
We are ready to fight for the compensation you deserve from anyone at fault for your bus accident and injuries. To learn more, request a free consultation. We never settle a case unless the client is happy with the result; that is the Van Sant Law client satisfaction guarantee.
