Statute of Limitations for MTA Hit and Run AccidentsRegardless of the type of accident, you only have a limited period of time to file your claim for injuries. This time period is different in every jurisdiction. In California you have only 6 months from the date of the injury to file your claim against the MTA. Filing your claim is not the same as filing a lawsuit. You are required to file a claim with the MTA explaining what happened, naming your witnesses and other pertinent information. After you file your MTA claim you will hear back from the claims adjustment department. This department is assigned with the task of adjusting claims for the MTA. Generally they will review your claim and send you a formal letter of denial. After receiving a letter of denial you will need to file a formal lawsuit against the MTA for your injuries. Your lawsuit will need to be filed within two years from the date of the incident. Remember, filing a claim and lawsuit different and not related. Make sure you meet these statutory issues when dealing with the MTA. If you fail to meet the statutory issues you will be barred from bringing a cause of action for injuries.
How Hit and Run Accidents HappenHit and run bus accidents happen in a number of different ways. One of the most common incidents happen with low hanging bus mirrors. These mirrors will hang low on the right side of the bus and hit standing pedestrians on curbs and sidewalks. Since buses have a massive size drivers will not feel or hear the impact of the accident. As a result they will continue driving. Another common hit and run accident can occur when a bus rear ends a driver or side swipes a vehicle. In both cases drivers may not notice the impact. Each of these cases happen often when dealing with bus hit and run accidents. If you have been injured seek medical attention for your injuries. Bus accidents can have significant long terms impacts on the body. The degree of shock absorbed by the body during a bus accident can be enormous. Many times you will not feel the entire impact until a few days of the accident. This is because adrenaline in your body will deny pain to be felt. In some cases you will not feel any injury until 3-5 days after the accident. At which point you will begin experiencing pain. Make sure to seek medical attention if you have been injured. Unlike regular motor vehicle accidents, bus companies such as the MTA carry high levels of insurance. This will allow you to be compensated for any medical attention receive resulting from the injury.
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Common MTA Hit and Run Accident InjuriesCommon injuries can include the following:
- Head trauma caused by impact from low hanging mirrors
- Broken nose
- Facial lacerations
- Traumatic brain injuries
- Internal bleeding
- Fractured hip
- Damaged or punctured lungs
Who is Responsible for Hit and Run Accidents?As a bus rider you are considered a negligent free passenger. Depending on the accident a few people can be liable. This includes the bus company, a third party or both. Determining fault will require an evaluation of the facts. Never attempt to settle with the MTA yourself and never give a recorded statement. Why? Because these statements will be used against you to limit or de-value your claim. Ultimately the statements will be listened to multiple times and will be used by the bus company to deny your claim.
Call (213) 389-3765 to set up a free, no obligation consultation to find out if you have a case.