What Should You Do After a Public Transportation Accident in Atlanta?
After an injury on a public transportation system in Georgia, you must take immediate steps to protect your health and legal rights. The most critical step is to provide a formal written "ante litem notice" to the correct government agency. According to the Georgia Tort Claims Act, you have a strict deadline for claims against city or county entities like MARTA and CobbLinc, and twelve months for claims against state-level entities. This notice is a mandatory prerequisite for filing a lawsuit. You must also seek immediate medical attention, report the incident to a transit official, and document the scene thoroughly. Failure to file the required notice correctly and on time will permanently bar you from recovering any compensation.
At Hagen Rosskopf, we understand the complexities of these unique cases. This guide will walk you through the landscape of public transit accidents in our community and outline the practical steps you should take to secure the compensation you deserve.
Six Immediate Steps to Protect Your Rights
Your actions in the minutes and hours following a public transit accident are crucial. Following a clear, step-by-step process can protect your health and the viability of your legal claim.
- Seek Medical Attention Your first priority is your health. Call 911 or go to an emergency room to be evaluated. This creates an official medical record that documents the time, nature, and severity of your injuries.
- Report the Incident Immediately inform the bus driver, train operator, or a station agent about what happened. Insist that an official incident report is filed and be sure to get a copy of the report number for your records.
- Document Everything Use your smartphone to take pictures and videos of the scene. Capture your injuries, the vehicle number (bus or train car), and any specific hazards that caused your injury, such as a wet floor or broken handrail.
- Get Witness Information If other passengers or bystanders saw the incident, ask for their names and phone numbers. Independent witness testimony can be a powerful tool in proving your claim.
- Decline to Give a Recorded Statement The transit authority's insurance adjuster may contact you quickly. You should not provide a recorded statement or sign any documents until you have consulted with an attorney.
- Contact an Attorney Immediately Because of the short notice deadline, time is critical. An experienced personal injury attorney can ensure your formal notice is filed correctly and on time, investigate the incident, and handle all communications with the government agency and its insurers.
Critical Deadline: Georgia's Notice Requirement Could Make or Break Your Case
The single most important factor in a public transit injury claim is the ante litem notice. "Ante litem" is Latin for "before litigation," and it is a formal notice of your claim that you must send before you can file a lawsuit.
- Strict Deadlines: You generally have just six months from the injury date to file this notice with city or county transit authorities (MARTA, CobbLinc, GCT) and twelve months for state entities (Xpress GA).
- Specific Requirements: The formal notice must be sent to the correct legal department and contain precise information, including the nature of your claim, the time and place of the injury, and the amount of compensation you are seeking.
- Fatal Consequences: A single mistake in the required notice - or missing the deadline by even one day - will almost certainly result in the permanent dismissal of your case, no matter how severe your injuries are.
This is the number one reason you cannot treat an accident with a public bus like a typical car crash. The procedural hurdles are designed to be complex, and a single mistake can jeopardize your entire claim.
Common Types of Public Transit Accidents and Liability
Injuries on public transit are not limited to collisions. Claims often arise from negligence in the operation or maintenance of the vehicles and facilities. Federal Transit Administration (FTA) regulations establish safety standards that these agencies must follow.
- Onboard Incidents: Sudden stops or violent accelerations can cause severe fall-related injuries. These incidents often point to operator negligence.
- Station and Platform Accidents: Poor maintenance, broken escalators, inadequate lighting, or slippery surfaces on platforms and in stations can lead to injuries that fall under premises liability law.
- Collisions: Accidents involving other vehicles, cyclists, or pedestrians require a detailed investigation to establish the transit operator's fault.
- Door and Entrance Injuries: Malfunctioning doors that close too quickly or unsecured crowds during boarding can cause crushing injuries or falls.
Were You Injured on Public Transit?
Filing a claim against a government entity is a complex legal process with strict procedural hurdles. The short deadlines can jeopardize your right to compensation if you do not act quickly. Let our team at Hagen Rosskopf manage these complexities so you can focus on your recovery. Contact us today for a free, no-obligation consultation.