Injured in a DART accident or on other Dallas public transportation?
If you’ve found yourself involved in an accident with a DART vehicle or other government-operated public transport such as a bus, train, or subway, you could potentially seek compensation from the parties responsible for that vehicle. However, submitting a claim for injuries against a public agency typically involves navigating a unique set of rules and processes.
Initiating the Insurance Claim Process
The process can vary from one state to another, and even in different cities and local governments, there might be specific steps involved in the claims process. Generally, after you file your claim, the government agency is given a certain period to either approve and fulfill your claim or deny it. This is why it’s important to consult with Dallas car wreck lawyer Brian Brunson. If your claim gets denied, there is often a designated time frame in which you can pursue legal action against the government entity in court. Similarly, if the government agency fails to respond to your claim within a specified period, you might have the option to initiate a lawsuit. In some states, your claim could be evaluated by a state claims commission or a similar organization. While there may be options to contest an unfavorable ruling, going to court and starting a lawsuit might not be feasible in these situations.
Determining the Responsible Individual or Parties
The reason there are specific requirements for filing a claim and giving notice is to enable the government agency to investigate the situation and determine the following: 1. If the government or one of its employees acted negligently. 2. If this negligence directly led to your injury. Imagine a scenario where you are on a public bus and suddenly the bus swerves or stops suddenly, causing you to fall and get hurt. Just because you were injured doesn’t mean that the bus driver was negligent. For instance, if a child unexpectedly dashed into the street and the bus driver was driving at a reasonable and safe speed, the bus driver might not be held responsible. However, if witness statements and phone records indicate that the bus driver was texting during the incident, then the bus driver is likely to be considered negligent.
Proving the Element of Negligence
Public transportation injury law revolves around the element of negligence, which implies that if an individual is injured while using public transport, it’s due to someone else’s failure to exercise proper care. Nonetheless, in most states, public transportation companies are typically classified as “common carriers.” This classification means they bear a greater obligation to ensure the safety of their passengers compared to ordinary individuals. Although the injured party must still demonstrate that the public transportation company was negligent to succeed in their claim, it may be simpler to establish that a “common carrier” is at fault. This is particularly the case if the public transportation agency violated a safety regulation related to the incident.
Retaining a Personal Injury Attorney
Understanding and adhering to the complex regulations related to a personal injury claim against a public transit agency or its staff is essential for achieving a favorable result. Trying to navigate this process by yourself is not a good idea, particularly if you have sustained significant injuries. Rather, it is advisable to seek help from an experienced lawyer who focuses on this field. This way, you enhance your chances of receiving the justice and compensation you deserve. If you are in this predicament, talking to a well-informed attorney can significantly influence the outcome of your case.
IF YOU’VE BEEN INJURED IN A WRECK INVOLVING PUBLIC TRANSPORTATION, CONTACT THE LAW OFFICE OF BRIAN BRUNSON TODAY.
Named one of the “Best Car Accident Lawyers in Dallas” by Expertise.com, Brian Brunson is Dallas personal injury attorney who is dedicated to helping clients who have suffered a car, truck, or motorcycle injury through the negligent or wrongful conduct of other drivers. In addition, his professionalism is unmatched and the firms’ client reviews speak for themselves.
We proudly serve the Dallas-Fort Worth metroplex and surrounding areas, our office supports the legal needs of a wide variety of clients. Let the Law Office of Brian Brunson be your advocate in your time of need and help you put your life back together. If we can’t win or settle your case, you don’t pay a dime! We know it can be daunting to take that first step after you’ve been hurt. Contact Brian Brunson today via email or call us toll-free at 1-844-41-WRECK. We can help, when no one else will.
