NJ Transit buses are integral to many people’s everyday lives in the state. Considering the number of people they serve, it is no surprise that they are involved in numerous crashes.
If you were injured while riding an NJ Transit bus or one crashed into you, knowing what to do after will not only give you peace of mind but also prepare you for what you need to do to recover compensation in these cases. Filing a lawsuit against NJ Transit is more complicated than typical vehicle accident claims because they are a government agency and are entitled to notice before a lawsuit can be filed, which must be done within 90 days. Our attorneys can prepare your claim so you do not lose your right to recovery. We will also identify any barriers your insurance might put up in your case and how to get past them.
Call Agrapidis & Maroules, P.C. at (201) 777-1111 for a free review of your case with our New Jersey personal injury lawyers.
Steps You Should Take After Getting Injured in an Accident with a NJ Transit Bus
NJ Transit buses provide services to countless riders daily throughout the state, so accidents are common. Whether you commonly ride NJ Transit buses or dodge them on your commute, knowing what to do after an accident can significantly affect how a legal case goes later. After getting medical care, our New Jersey bus accident lawyers can explain how insurance can cover some of your expenses and the requirements we must overcome to file your lawsuit. The following steps will help keep you safe while protecting your legal rights:
Get to Safety
Your safety is the top priority, so make sure you are out of danger before anything else. If the bus can move, wait for the driver to move, if necessary, and call for passengers to disembark. If you were hit as a pedestrian or you were the other driver, ensure that you are out of traffic and wait for emergency services.
Call 911 for Help
Next, call 911 to document the accident and get care on the scene if needed. Under N.J.S.A. § 39:4-130, any accident where someone is injured or dies, or the property damage exceeds $500, must be reported. Meeting this standard is common, so you’ll want to report all accidents. The police will draft a report that usually contains important information, like the driver’s employee details, witnesses’ contact information, and observations made by the police. Our team can help get the report from whichever law enforcement agency that investigated your crash.
Collect Evidence on the Scene
NJ Transit will very likely clean the scene soon after the accident, but you can preserve the physical evidence by taking pictures with your phone. Be sure to photograph the damage to the bus and other vehicles involved and any visible injuries you have.
Bus accidents tend to have several witnesses, so speak to them if you have the chance before leaving the scene. Our team can interview them later to get the full details of what they saw.
Get Immediate Medical Care
You should also get care on the scene from paramedics. They can assess your injuries and transport you to the hospital if they recommend further medical care. Of course, your injuries might not be so severe as to necessitate an ambulance ride. However, it is critical to prioritize your medical treatment after the accident. If you do not have evidence proving your injuries are sufficiently “serious,” you might not be able to file a lawsuit in the first place under NJ’s insurance rules.
Contact Our Team
After completing the previous steps, you should not waste any time contacting our attorneys. Filing a lawsuit against NJ Transit is not like suing a private company. NJ Transit is a publicly owned and operated bus company, meaning it is a government agency, and its employees are government workers. There may be laws restricting which parties we can actually file this case against, but in many cases, we can file your claim against NJ Transit for its workers’ mistakes.
Limitations on Suing NJ Transit After a Bus Accident
First, though, we must determine if your personal injury protection insurance allows you to file a lawsuit. New Jersey is a “no-fault” state, so your insurance will be used first to cover your medical expenses and lost wages. However, your insurance will not cover any non-economic losses and will likely not pay your total lost income. If you have a policy with a “no limitation on lawsuit” option, you can file a lawsuit to recover your remaining damages, as per § 39:6A-8(b). Victims with a “limitation on lawsuit” option in their policy can only file a lawsuit if they suffered “serious” injuries, as defined under § 39:6A-8(a).
You must act fast after a bus accident because additional filing rules and deadlines also apply when suing a government entity like NJ Transit. According to § 59:8-8, bus accident victims must notify NJ Transit within 90 days of the crash of their intention to bring a claim. This gives NJ Transit the opportunity to settle the claim. If the claim is rejected or six months pass without a settlement, you can file your lawsuit in the appropriate court.
Keep in mind that you will be barred from recovering compensation forever if the notice of claim is not filed within 90 days of your injuries. You will also lose the right to recover compensation if your lawsuit is not filed in the right court within two years of the accident, according to § 59:8-8(b).
The notice of claim requirement does not apply to other private individuals or companies we might add to your lawsuit. Under § 2A:14-2(a), the general statute of limitations against these parties is two years to file. However, NJ Transit and others can be named in the same lawsuit.
Call Our New Jersey Bus Accident Attorneys Today for Help
For a free case review with our Elizabeth, NJ personal injury attorneys, call Agrapidis & Maroules, P.C. at (201) 777-1111.