Central Ohio offers regional public transportation via the Central Ohio Transit Authority (COTA) that allows many people to commute to work, explore the area, and run errands without needing to drive. However, with so many buses on the roads, it is not surprising that many of them are occasionally involved in accidents. If the bus driver is at-fault, collecting compensation can be difficult for the victims.
With a public transportation lawyer on your side, however, you can successfully navigate this complex process and recover the payout you deserve. If you suffered injuries in an accident caused by a public transportation driver — whether in your own car or while riding the bus — Bressman Law can help you recover money to pay for your medical care, lost wages, pain and suffering, and other losses. Call us today at 877-538-1116 for a free case evaluation, and let our team go to work for you.
How Do Public Transportation Drivers Cause Upper Arlington Accidents?
Bus drivers cause traffic collisions in the same ways as other motorists. They may drive too fast, exceeding the speed limit or driving too fast on wet or icy roads. They may not stop at a red light or stop sign, or fail to yield the right of way. They may drive aggressively or recklessly in order to make it to stops on time. Drivers may be fatigued, drunk, drugged, or distracted behind the wheel. All of these are all-too-common scenarios, and can lead to devastating injuries.
We can help you understand your legal right to compensation if you suffered injuries in a public transportation accident when:
- You were riding on a bus, and the driver caused an accident;
- A bus hit your vehicle in a collision caused by the driver;
- A bus struck you while you were on-foot or on a bicycle.
How Can We Prove COTA is Liable for My Injuries?
To win compensation for the damages you suffered, we need to prove the COTA employee acted in a careless or reckless manner and this caused the accident and your injuries. While the process to file a claim is different than if we were taking on a civilian motorist, the burden of proof is the same. We will still need to collect and present a wide range of evidence to support our allegations.
Some of the most common types of evidence available in these cases include:
- The official report filed by the police officer who responded to the scene;
- Eyewitness accounts;
- Pictures or video from the scene of the accident;
- Video of the crash from nearby businesses;
- Dashcam video from the bus;
- The results of mandatory alcohol and drug tests performed on the driver;
- Digital data collected from the bus;
- The reports from accident reconstruction experts;
- Bus maintenance records and other similar documents.
Much of this evidence is probably currently in the hands of the transportation agency, and we will need to ensure it remains intact. One of the first things we will do when we sign on to handle your case is to send a spoliation letter to the transportation agency notifying them of our intent to file a claim and requesting they gather and protect any possible evidence. If they fail to do so, the court will not look kindly on them for jeopardizing your case. Sending this spoliation letter is important, because this evidence is often key in getting a positive outcome in a public transportation accident case.
How Does It Change the Claims Process When the Liable Party Is a Government Agency?
When a bus driver causes your accident, the driver is not the primary liable party. Because of “the theory of respondeat superior,” better known as vicarious liability, the employer is responsible for paying out for your medical care, lost wages, and other losses. Of course, this raises another issue, because then the primary party is a government agency. This means Ohio’s Political Subdivision Tort Liability Act comes into play.
Many people believe sovereign immunity prevents you from filing a claim against any government agency, but this is simply untrue. There are a number of exceptions to this rule. One exception involves when a bus driver causes an accident while driving the agency’s bus; however, the process to file this type of claim can be complex because there are usually very short deadlines, and some governments only allow one to three months to take action.
In the case of Upper Arlington public transportation accidents, COTA is usually the defendant. Our legal team understands the claims process with COTA, and can handle your claim for you. Contact us today about your case, before time runs out.
How Can a Public Transportation Lawyer Near Me Help With My Claim?
Filing a claim against a public transportation provider requires you to follow very strict rules and adhere to tight deadlines. The process is not intuitive, and you will need aggressive representation to ensure your right to compensation remains intact. Taking on a public agency is never easy, and you can be certain they will have a team of lawyers who look for ways to reduce your payout or outright deny you the compensation you deserve. We can counter their arguments with strong evidence to prove the value of your case.
If your suffered injuries in a crash caused by a public transportation driver, we can help you recover compensation for your full range of damages. Call us today at 877-538-1116 to get started with a complimentary case evaluation. Our legal team is ready to go to work for you.