Special Procedures for Seeking Damages Arising Out of MARTA Bus Accidents
A serious collision this week involving a Metropolitan Atlanta Rapid Transit Authority (MARTA) bus caused injury to six people, including a man who had to be airlifted to a local hospital. Many people throughout Atlanta ride MARTA trains and buses on a daily basis without considering the potential of being involved in a bus accident.
According to reports in the Atlanta Journal-Constitution, the bus collided with a Toyota Corolla when it turned left into the path of the passenger car. The driver and passenger of the Corolla were both injured with the driver being seriously injured. The MARTA busing accident is currently under investigation.
If you are injured in a collision involving a MARTA bus or train, you should seek prompt legal advice from one of our experienced Atlanta bus accident attorneys at Montlick and Associates. While bus and train operators have a legal obligation to exercise a high level of vigilance to protect the safety of patrons, there are unique issues that must be addressed including:
Sovereign Immunity: While the Georgia Tort Claims Act provides a limited waiver of sovereign immunity, the act requires that special procedures and deadlines be met when pursuing a claim for personal injury damages against the State of Georgia, a county or municipality. These special requirements generally include exhausting administrative remedies and providing written notice to the governmental entity prior to filing a personal injury lawsuit. Notice must be provided to the state or county within 12 months of the date the loss was discovered or should have been discovered. In other words, the notice must be made within one year of a bus or train accident causing injury. However, when a municipality is the defendant, the notice must be filed within six months. When a plaintiff fails to comply with these special requirements, this failure may bar a claim against the government entity.
Duty of Common Carriers: Public and private entities that operate trains and buses have a heightened duty of care because of their status as a common carrier. Common carriers are businesses or public entities that offer to transport people and property in exchange for a fixed published rate. Because passengers on public transportation and other forms of common carriers cannot take measures to ensure their safety when riding a bus or train, a high duty is placed on common carriers to provide for the safety of patrons.
If you are involved in a Marta bus or train accident caused by a poorly maintained vehicle, inadequate training and/or supervision of a vehicle operator or negligence by the MARTA operator, you may have a right to seek compensation for medical expenses, lost wages, pain and suffering and other forms of loss. Because of the special procedures, deadlines and notice requirements involved in pursuing a claim for compensation arising out of a MARTA accident and the need for a prompt investigation, you should contact one of our MARTA accident attorneys promptly.
Montlick and Associates is available to provide effective legal representation to clients throughout all of Georgia and the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.
No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.