Sharing the road with buses can be dangerous for pedestrians and cyclists, especially in busy urban areas like Denver. When a bus accident results in injuries to someone walking or riding a bike, the consequences can be severe. Fortunately, Colorado law allows injured pedestrians and cyclists to file claims to seek compensation for their medical bills, lost income, and other damages.
Who Can Be Held Liable in a Bus Accident Involving a Pedestrian or Cyclist?
Determining liability in a bus accident case is often complex, especially when a pedestrian or cyclist is injured. Potentially liable parties in these cases include:
- The bus driver: If the driver acted negligently—such as failing to yield, speeding, or driving distracted—they can be held responsible for the accident.
- The bus company: Employers are often held liable for the actions of their employees under the principle of “vicarious liability.” Bus companies may also be directly liable for poor hiring practices, inadequate training, or failing to properly maintain their vehicles.
- Government entities: If the bus is operated by a public transportation agency, such as Denver’s Regional Transportation District (RTD), the agency itself could be liable for the accident. However, filing claims against government entities involves specific procedures and shorter deadlines.
- Third parties: In some cases, other drivers, pedestrians, or cyclists who acted negligently may share responsibility for the accident.
An experienced bus accident attorney can investigate the circumstances of the crash to identify all liable parties and ensure they are held accountable for their negligence.
What Steps Should You Take After a Bus Accident?
If you’ve been hit by a bus while walking or cycling, taking the right steps immediately after the accident can significantly strengthen your claim. Here’s what to do:
- Seek Medical Attention: Your health and safety should always come first. Even if your injuries seem minor at first, visit a doctor to ensure proper diagnosis and treatment. Medical records will also serve as key evidence in your claim.
- Call the Police: Report the accident to law enforcement so they can create an official accident report. This report may contain crucial details about the crash, including witness statements and initial determinations of fault.
- Document the Scene: If possible, take photos or videos of the accident scene, your injuries, and any property damage. This evidence can help establish what happened and who may be at fault.
- Collect Contact Information: Obtain the names, phone numbers, and insurance information of the bus driver and any witnesses to the accident.
- Contact an Attorney: Speak with a personal injury attorney who specializes in bus accident cases to ensure your rights are protected and to begin the process of filing a claim.
Acting quickly after the accident will help preserve evidence and give you the best chance of securing fair compensation for your injuries.
What Compensation Can Pedestrians and Cyclists Recover After a Bus Accident?
As a pedestrian or cyclist injured in a bus accident, you may be entitled to various types of compensation, depending on the extent of your injuries and the circumstances of the crash. Common damages in these cases include:
- Medical Expenses: Compensation for hospital bills, surgeries, physical therapy, and ongoing treatment related to your injuries.
- Lost Wages: Reimbursement for income lost due to your inability to work during recovery, as well as compensation for reduced earning capacity if your injuries result in long-term disability.
- Pain and Suffering: Non-economic damages for the physical pain, emotional distress, and loss of enjoyment of life caused by the accident.
- Property Damage: If your bike or other personal property was damaged in the accident, you may be able to recover repair or replacement costs.
Your attorney can evaluate the full impact of the accident on your life to ensure you pursue all applicable forms of compensation.
How Do Claims Against Government Entities Work in Colorado?
Many bus accidents involve buses operated by government agencies like the Regional Transportation District (RTD) in Denver. Filing a claim against a government entity is more complex than a standard personal injury claim and comes with stricter requirements.
Under Colorado’s Colorado Governmental Immunity Act (CGIA), injured parties must file a formal notice of claim within 180 days of the accident if the responsible party is a government entity. This notice must include specific details about the accident, such as the date, location, and nature of the injury. Failing to file this notice within the required timeframe could result in your claim being dismissed.
Additionally, government entities are protected by certain immunity laws, meaning they cannot always be held liable for accidents. However, exceptions exist, particularly in cases involving public transportation. An experienced bus accident attorney can navigate these complex rules and ensure your claim complies with all legal requirements.
Call Fiedler Trial Lawyers Today for Legal Support
Bus accident claims, especially those involving pedestrians and cyclists, can be complicated due to multiple parties, overlapping liability, and unique legal procedures. Hiring an experienced attorney ensures that:
- Evidence is preserved and investigated thoroughly
- All liable parties are identified and held accountable
- Your claim is filed on time and in compliance with Colorado law
- You receive the maximum compensation for your injuries
At Fiedler Trial Lawyers, we specialize in representing victims of bus accidents, including pedestrians and cyclists. We understand the challenges these cases present and are committed to fighting for justice on your behalf.
If you’ve been injured in a bus accident, don’t wait to seek help. Contact us today to schedule a consultation and learn more about how we can assist with your case. Let us handle the legal complexities so you can focus on your recovery.