What to Do if Injured as a Passenger on Public Transportation

Accidents can happen anywhere, and public transportation is no exception. Whether you’re on a bus, tram, train, or subway, you could find yourself injured as a passenger. These accidents can result in significant injuries, including broken bones, head trauma, or spinal injuries. In such cases, knowing what steps to take after the accident can help protect your rights and ensure you receive the compensation you may deserve.

If you’ve been injured while riding public transportation in Florida, this guide explains the steps you should follow to protect your health, document the injury, and pursue a personal injury claim if necessary.

Immediate Actions After an Accident

Seek Medical Attention

The first priority after any accident is your health. Even if you feel fine initially, injuries from public transportation accidents can sometimes take time to manifest. For instance, neck or back injuries may not show immediate symptoms, but they could become serious over time. Always seek medical attention after the accident, even if the injury seems minor.

If emergency medical personnel are on the scene, allow them to assess your condition. If the injury requires immediate treatment, they can transport you to a hospital. If you don’t need immediate care, make sure to visit a doctor as soon as possible to get a professional evaluation and establish a medical record of your injuries.

Report the Incident

When you’re injured as a passenger on public transportation, it’s important to report the accident to the appropriate authorities. Depending on the type of transportation, you’ll need to notify either the driver, the conductor, or a transit employee. They will typically file an accident report, which will be an essential part of documenting the incident.

If you are unable to report the incident immediately, make sure to contact the public transportation provider afterward. They will have a protocol for reporting accidents, which often includes collecting details like the time, location, and nature of the incident. A formal report will help establish a record of what happened and when it happened, which could be crucial for any insurance claims or legal actions later on.

Document Everything

Collecting evidence as soon as possible after the accident is essential for building a strong case. Use your smartphone or a camera to take photos of the scene if you are able to. Capture pictures of any visible injuries, the area where the accident took place, and any factors that could have contributed to the incident. For example, if there was a spill or a hazardous condition, like a broken step or a slippery floor, documenting these details can provide evidence of negligence.

If there were any witnesses to the accident, make sure to get their contact information. They can provide statements that support your version of events. Their testimonies could be crucial, particularly if there is a dispute over the circumstances of the accident.

Keep Track of Your Medical Care

From the moment you receive medical attention, start keeping detailed records of all your appointments, treatments, and any medications you are prescribed. Retain copies of medical bills and receipts for any out-of-pocket expenses related to the injury. This documentation will help prove the financial impact of the injury and strengthen your case for compensation.

You should also document how your injury affects your daily life. Keep a journal of how the injury impacts your ability to work, perform household tasks, and engage in regular activities. This can help paint a complete picture of the injury’s effects on your life, both physically and emotionally.

Determine Who is Liable for the Accident

One of the key challenges in a public transportation injury case is determining who is liable for the accident. In Florida, public transportation accidents typically fall into one of several categories of liability:

• Driver Negligence: If the bus, train, or tram driver was at fault for the accident—such as driving recklessly, failing to follow traffic laws, or being distracted—they could be held responsible for your injuries.
• Transit Authority Negligence: The company or government agency that operates the transportation service may be liable if the accident occurred due to maintenance issues, unsafe conditions, or failure to ensure the safety of passengers. For instance, if there was a broken rail, malfunctioning doors, or improperly trained staff, the transit authority might be held responsible.
• Third-Party Negligence: Sometimes the cause of the accident is not directly related to the driver or the transit authority. For example, if another vehicle crashes into a bus, causing injury to passengers, the other driver may be at fault. Similarly, if an accident was caused by improper road conditions or construction, the responsible parties (e.g., construction companies or road maintenance agencies) could be held liable.

Report the Accident to Your Insurance Company

If you are injured on public transportation, it’s important to notify your own insurance company about the incident. Florida is a no-fault state, which means that your own insurance will cover your medical expenses regardless of who caused the accident. This applies to personal injury protection (PIP) insurance, which typically covers medical bills and lost wages.

However, PIP coverage has its limits, and if your injuries are severe, you may need to file a claim against the at-fault party’s insurance to seek additional compensation. If the transportation provider or another party is responsible for the accident, you may be entitled to compensation for things like pain and suffering, lost wages, and long-term medical treatment.

Consider Legal Action

If your injuries are significant, it may be necessary to pursue a personal injury lawsuit to seek compensation. A personal injury lawyer with experience handling public transportation accidents can help you navigate this process. They can assess the circumstances surrounding the accident, determine who is liable, and help you gather the evidence needed to support your claim.

Your lawyer will also be able to negotiate with insurance companies on your behalf, ensuring that you receive fair compensation. If negotiations don’t lead to a fair settlement, your attorney can file a lawsuit and represent you in court.

Statute of Limitations in Florida

In Florida, the statute of limitations for personal injury cases, including public transportation accidents, is typically four years from the date of the accident. This means you have four years to file a lawsuit if you need to pursue legal action. While four years may seem like a long time, it’s important not to delay in seeking legal advice or starting your claim. The sooner you begin the process, the better chance you’ll have at obtaining the compensation you deserve.

Conclusion

Getting injured as a passenger on public transportation in Florida can be a complicated situation. While you focus on recovering from your injuries, it’s crucial to take the right steps to protect your legal rights. Seeking medical attention, documenting the incident, and gathering evidence are key to building a strong case. If you find that your injury is severe or your insurance coverage is insufficient, consulting with an experienced personal injury lawyer can help you determine whether you should pursue a lawsuit. In the end, knowing what steps to take after an accident will increase your chances of securing compensation to cover medical bills, lost wages, and the long-term effects of your injuries.