Bicycle accidents caused by a bus driver are serious. Bus drivers who drive to close to a bike lane can cause significant injuries to cyclist. Cyclist are often left in critical condition by the injuries sustained from a bus accident. Injuries resulting from impact by a bus can cause permanent trauma to a cyclist. Often times many of these claims are ignored are not filed properly leaving the injured party without any recourse. As a result they are left with thousands in medical bills with little to no compensation. Know your rights if you have been hit by a bus and seek help for your injuries.
Who is At Fault when a Bus Hits a Bicycle?
Who is to blame in a bus and bicycle accident lawsuit? This question depends entirely on the facts. For example if you were riding in a designated bicycle lane and the bus driver veered into your lane, then the bus will be liable. If the bus has low hanging bus mirrors, which are responsible for the injury, then the transit authority will be held liable. These are just a few examples of liability in a bus accident case. In certain cases liability can be reduced when the bicyclist was partially at fault for the damages. For example if the cyclist was not riding in a designated lane, not wearing reflective clothing or if they failed to adhere to traffic signals. These can all be considered contributory factors to your injuries. What this means is that they will reduce or diminish your ultimate recovery. Comparative fault statutes in California will allow you to recover for injuries if you were hurt, even if you were partially responsible for the accident. You can learn more about comparative fault by clicking here.Filing Deadlines or Statute of Limitations for Bus Accidents
You must file a claim for a bus accident within 6 months from the date of the injury. While you will still have 2 years to file a personal injury lawsuit, the claim for injuries must be filed within 6 months. This is because transit companies are considered a government entity. Anytime you decide to file a lawsuit against a public entity you must file your original claim within 6 months. To file a claim you will need to know the date of the injury, bus number, bus driver, bus line, have information regarding the incident, where it took place and a list of injuries sustained. This information must be provided within a 6 month period to the appropriate agency. Keep in mind that if the injury was caused by a non-public transit company i.e. Greyhound bus, then you have different timelines. Generally in such cases you have 2 years from the date of the accident to file suit for your injuries. This two year period can be tolled under certain circumstances. It is important to make sure you file a claim immediately and avoid any potential statute of limitation issues. Always make sure you speak with an attorney before making any statements or providing any information to a claims adjuster. Many times these statements can be used in a unfavorable light, and deny your claim for damages.Complete a Free Case Evaluation form or call (213) 389-3765 today.
Common Injuries in Bus Bicycle Accidents
While it is difficult to assess which damages are common or typical, we have compiled a list of some of the more common injuries associated with a bus accident. If you have been injured it is recommended that you seek immediate medical attention for your injuries. Never attempt to self diagnose.- Facial injuries;
- Broken back;
- Knee injuries;
- Facial lacerations;
- Neck injuries;
- Spine injuries;
- Traumatic brain injury;
- Ankle injuries;
- Nerve damage;
- Fractured hip;
- Death
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This is not a complete list of injuries and only identifies injuries which are common. Again, if you were injured it is advisable that medical attention be sought for your injuries.