If you or someone you care about has been in a mass transit accident in Duluth, you know how tough things can get afterward. Dealing with injuries, sorting out the legal process, and handling the emotional stress can be overwhelming.
With busy roads and crowded intersections in Duluth, accidents happen often, so having a supportive Duluth mass transit accident lawyer to help you through this is important.
According to the Georgia Governor’s Office of Highway Safety, there were 1,797 traffic fatalities in 2022, with 637 occurring in rural areas and 1,159 in urban areas. As the city continues to grow, the risk of accidents on major roads like Peachtree Industrial Boulevard increases.
At our mass transit accident law firm in Duluth, we’re here to listen and help you every step of the way. We offer a free consultation to discuss your case and explore your options for seeking fair compensation. Don’t face this journey alone—let us help you protect your rights and focus on your recovery.
Contact us today for a free consultation, and let’s work together to get you the justice you deserve.
Do You Have a Case?
If you’ve been in a bus accident in Duluth, Georgia, you might be wondering if you have a personal injury case. To figure that out, you’ll need to look at a few key elements:
Duty of Care
Bus drivers, bus companies, and even the municipality have a legal obligation to ensure the safety of passengers and other road users. This duty means operating buses in a safe and responsible manner to prevent accidents.
Breach of Duty
A breach occurs when the bus driver or another party fails to act in a reasonably safe manner. Examples of breaches include driver negligence, such as:
- Speeding
- Distracted driving
- Failing to follow traffic laws
If a bus driver in Duluth was texting while driving or failed to yield the right of way, this would constitute a breach of duty.
Causation
Causation is the link between the breach of duty and the injuries sustained. You need to demonstrate that the negligence caused your injuries.
For instance, if the bus driver’s impairment directly resulted in a crash that led to your injuries, this connection must be clear. The evidence should show that the breach of duty was the direct cause of the trauma you experienced.
Damages
Finally, you must prove that you suffered damages as a result of the accident. Damages can include physical injuries like brain injuries or spinal cord damage, as well as emotional and financial impacts such as medical bills, disfigurement, and lost wages.
In Duluth, victims of bus accidents may be entitled to compensation for these damages. A Duluth personal injury lawyer can help you calculate the full extent of your losses.
What Duty Does a Common Carrier Owe to its Passengers?
This means that carriers can use something other than absolute diligence, but rather that they are responsible for providing more than ordinary care. So the first question to resolve after a mass transit accident is whether the carrier, through its employees, met this heightened standard. And that is where getting advice from an attorney like David Brauns is necessary.
The first thing Brauns Law Accident Injury Lawyers, PC will help you figure out is whether the carrier acted negligently and, thus, if you have a viable claim.
So what kind of information is essential? Well, common causes of accidents can involve:
- Operator error
- Speeding
- Sleep deprivation
- Alcohol or drug use
- Poor judgment
- Mechanical failures
- Faulty repairs
So who could be responsible? While it might be the human operator, it also might be the manufacturer of a faulty part, or the mechanic who installed it, or perhaps everyone did everything they could but what happened was outside their control, such as if an Act of God (weather, natural disaster, etc.) caused the wreck.
David Brauns will be able to investigate what happened, collect evidence, identify the responsible individuals or corporate entities, and start gathering witness statements immediately. Unfortunately, as time passes, memory fades so it is critical to gather as much information as possible as quickly as feasible.
Damages You Can Recover
If you’ve been hurt in a bus accident in Duluth, Georgia, you may be entitled to various types of damages. Here’s a breakdown of what you could recover:
- Economic Damages: These cover the financial losses you’ve suffered because of the accident. It includes medical bills, lost wages, and property damage. Any expenses that can be calculated in dollars fall into this category.
- Non-Economic Damages: More subjective and cover the impact of the accident on your quality of life. This compensation addresses the mental and emotional toll the accident has taken on you.
- Punitive Damages: Awarded to punish the defendant for particularly reckless behavior. They’re meant to deter similar actions in the future. If the bus driver’s negligence caused the accident, punitive damages might come into play.
Understand that any business that transports passengers becomes what is known as a “common carrier” and must safely bring you from Point A to Point B. These include:
- Airplanes
- Railroads
- Taxis
- Buses
- Trolleys
- Other passenger transporters
The legal duty for common carriers of passengers is spelled out in O.C.G.A. §46-9-132, which states, “A carrier of passengers must exercise extraordinary diligence to protect the lives and persons of his passengers but is not liable for injuries to them after having used such diligence.”
How to Get in Touch With Us
If you need help or have questions about your case, there are several ways to reach us. You can call us at 404-689-2502 or fill out our contact form.
We offer a free consultation to discuss your case and answer any questions you might have. Don’t hesitate to get in touch—we’re here to help.
What Clients Think of Us
Easy compensation process!
“Brauns Law was very easy to work with and helped me deal with the insurance and medical after being rear-ended. They were able to make sure I was fairly compensated for my no-fault accident. Haley and Brittany were amazing! Thanks for the help!”
Exceptional personal care!
“I’ve been a client of Brauns Law Firm multiple times, and I’ve always been impressed. From the initial intake, their genuine care and attention to detail, including therapy and follow-ups, have been evident. If you want a dedicated attorney who truly cares about your well-being during tough times, you should definitely reach out to Brauns Law Firm.”
Caring, dedicated lawyer!
“If you’re ever hurt in a wreck that wasn’t your fault, call Brauns Law. David is a great lawyer and a caring, thoughtful business owner who does the right thing by his clients and his team!”
Brauns Law Firm: Personal Injury Law Firm in Duluth
We are dedicated to providing exceptional service and achieving the best possible outcomes for our clients in Duluth. What sets us apart is our commitment to efficiency and detail.
We understand that time is money, and we work diligently to ensure your claim moves forward without unnecessary delays. Our rigorous systems and cutting-edge case management software allow us to analyze your claim quickly and accurately, so you can focus on healing while we handle the complexities of your case.
At Brauns Law Firm, we combine our legal expertise with a genuine passion for helping others. Whether you’re dealing with a personal injury or navigating the aftermath of an accident, we are here to support you every step of the way. Let us help you get the compensation you deserve while making the process as smooth as possible.
Meet Your Duluth Mass Transit Accident Attorney
Led by our founding partner, David Braun, we focus exclusively on representing plaintiffs in personal injury cases, particularly those involving mass transit accidents in Duluth, Georgia. This specialization allows us to work tirelessly to ensure that injured residents receive fair compensation for your damages.
David began his career as an insurance defense attorney, which taught him how insurance companies think and evaluate claims. This experience helps him build a strong case for his clients. He prides himself on excellent customer service, being open and honest, and working closely with you—qualities that sets him apart from other firms.
With a background as a software engineer, he uses technology to make his work easier and more efficient. Management software keeps track of everything from deadlines to important documents. He also have a clear set of procedures so everyone knows how to do their job well. With our virtual case files, you can access your case details anytime, and we’ll keep you updated quickly.
When you choose Brauns Law Firm, you’re choosing a team that truly cares about you and is dedicated to fighting for the compensation you deserve.
Important Initial Advice!
If you’ve been involved in an accident, knowing what to do next is vital for your health and your claim. Here are some important steps to take immediately after the incident:
- Get Proper Medical Care: Even if you feel fine, some injuries may not show symptoms right away. Seek medical attention to ensure any potential issues are addressed.
- Stay Off Social Media: Avoid posting about the accident on social media. Anything you say online can be used against you by insurance companies, so it’s best to keep details private.
- Don’t Accept the First Offer from the Insurance Company: Insurance companies often try to settle quickly and for less than your claim may be worth. Take your time to evaluate any offers and consult a professional before agreeing.
- Be Careful with Your Language: Avoid admitting fault or making statements that could be misconstrued. Stick to the facts of the accident.
- Document Everything: Take photos of the scene, your injuries, and any property damage. Keep detailed notes about the accident, including witness statements and police reports, as this information can support your claim.
- Get in Touch with a Duluth Accident Lawyer: Consulting with a local personal injury lawyer can help you understand your rights and options. An experienced attorney can guide you through the process and help maximize your compensation.
- Follow Up on Medical Treatment: Keep track of all medical visits, treatments, and expenses related to your injuries. This documentation will be important when seeking compensation.
- Notify Your Insurance Company: Report the accident to your own insurance provider as soon as possible. Provide them with the necessary details, but avoid giving recorded statements until you consult with your lawyer.
Deadlines
In Georgia, you generally have two years from the date of your accident to take legal action if you want to get compensation for your injuries.
Don’t delay in moving forward with your claim. The longer you wait, the harder it can be to collect evidence and find witnesses, which makes building your case tougher. If you miss the deadline, you could lose your chance to seek compensation completely.
That’s why it’s a good idea to contact a lawyer right after your accident. An experienced personal injury attorney in Duluth from our firm can help you understand your rights and guide you through the legal process.
Gathering Evidence
Collecting evidence is essential for building a strong personal injury case. Here are some key types of evidence you should start gathering as soon as possible:
- Police Documentation: If the police were called to the scene, obtain a copy of the accident report. This document provides vital details about the incident and can be vital for your claim.
- Medical Records: Keep track of all medical treatments you receive. This includes hospital visits, doctor’s appointments, and any tests or procedures related to your injuries. These records will help prove the extent of your injuries and the costs associated with your care.
- Eyewitness Statements: If there were witnesses to the accident, get their contact information and ask if they would be willing to provide statements about what they saw. Their accounts can support your version of events.
- Photo/Video Evidence: Take photos of the accident scene, your injuries, and any property damage. If there are traffic cameras or nearby businesses with surveillance footage, it may be helpful to request that video as well.
- Examples of Driver Negligence: Document any evidence that shows the other driver’s negligence. This could include speeding, running a red light, or distracted driving. Any proof of reckless behavior will strengthen your case.
Gathering this evidence can feel overwhelming, especially when you’re dealing with the physical and emotional effects of the accident. That’s where we come in.
We’ll handle the hard work of collecting evidence and building your case, allowing you to focus on what matters most—your recovery.
What Can I Expect to Pay?
We operate on a contingency fee model, which means you don’t have to pay any upfront fees. Instead, our payment is contingent upon the outcome of your case.
Here’s how it works: we only get paid if we successfully recover compensation for you. This arrangement allows you to pursue your claim without the worry of paying legal fees out of pocket while you’re dealing with medical bills and other expenses from your injury.
Typically, the contingency fee is a percentage of the settlement or judgment amount, which will be clearly outlined in our agreement with you. This means that our interests are aligned—you only pay us when you receive compensation.
If you have any questions about our fees or how the process works, don’t hesitate to reach out. We’re here to help you navigate your case without added worries.
Why Choose Us Over Other Duluth Mass Transit Accident Attorneys?
We stand out from other attorneys in Duluth who handle mass transit accidents because we truly care about our clients. Our founding partner has experience as an insurance defense attorney, which helps us understand how insurance companies think and work. This knowledge allows us to fight for your rights effectively.
We believe in keeping you informed every step of the way, so you always know what’s happening with your case. Plus, we use modern technology to make it easier for you to access your case details and updates.
With our focus on personal service and a strong history of success, we get the best results for every client we represent.
General Information on Mass Transit Accidents in Duluth
Mass transit accidents in Duluth can cause serious injuries and problems for everyone involved. Whether it’s a bus or a shuttle, these accidents can be complicated because they often involve multiple parties.
Common Causes of Mass Transit Accidents
Statistics from the National Highway Traffic Safety Administration show that from 2005 to 2014, there were 1,191 school-transportation-related accidents across the nation, resulting in 1,332 fatalities—an average of 133 deaths each year. This highlights the critical importance of safety in mass transit systems.
Mass transit accidents can happen for various reasons:
- Speeding
- Operator error
- Driver negligence, including fatigue, inexperience, speeding, drugs or alcohol impairment, distraction, and failing to observe traffic signals
- Incorrect dispatching
- Inadequate security, lighting, or safety measures
- Lack of training and supervision
- Faulty or defective vehicles or parts
- Lack of or negligent vehicle maintenance
- Defectively designed or poorly maintained rails or roads
- Violations of safety rules, regulations, or laws
- Recklessness by other motorists
Typical Types of Mass Transit Accidents in Duluth
Mass transit accidents can occur in various forms:
- Bus collisions
- Passenger falls
- Side-impact accidents
- Pedestrian accidents
- Mechanical failures
According to the Georgia Governor’s Office of Highway Safety, the number of pedestrian fatalities in traffic crashes has more than doubled in the past decade, rising from 236 pedestrian fatalities in 2019 to 279 in 2020, highlighting the risks on the road.
Types of Injuries We See as Lawyers
According to the National Highway Traffic Safety Administration (NHTSA), nearly 318,000 fatal motor vehicle traffic crashes occurred in the United States from 2008 to 2017, with around 1,000 of those accidents involving school transportation vehicles—about 0.4% of all traffic crashes.
Common injuries from mass transit incidents can include:
- Head injuries
- Neck and back injuries
- Fractures
- Soft tissue injuries
- Lacerations and bruises
Locations We Serve
At Brauns Law Firm, we proudly serve communities in Georgia. We make sure that injured residents have access to the legal support they need. Our commitment extends to the following locations:
- Atlanta
- Cumming
- Decatur
- Duluth
- Gwinnett County
- Lawrenceville
- Peachtree Corners
- Stone Mountain
- Suwanee
Speak to a Duluth Auto Accident Lawyer Today!
Injuries sustained in these mass transit accidents can be significant and numerous. It can be challenging to get a clear idea of what happened in all the confusion and the number of people hurt. Since you need to be tending to your injuries and those of loved ones, fact-finding is not your immediate priority. Leave that to the professionals who can investigate the facts and understand what the law demands to prove liability and get compensation.
Recoverable damages may include not only hospital and other medical and prescription bills but costs for pain and suffering, lost opportunities, and lost wages.
Depending on the person or entity responsible, there are strict guidelines and limits on how long you have to bring a claim and how you must get that claim, especially if the liable party is a government entity.
Don’t waste any time. Talk to David Brauns. Contact us at 404-974-3159.
Duluth Mass Transit Accident FAQs
Mass transit is an integral part of Duluth’s infrastructure. It allows people to get from one place to another without owning their vehicle or walking or biking for miles and miles. However, while this service is now essential to our way of life, it’s not without its drawbacks.
One major drawback is the risk of accidents and injuries to those who use mass transit systems. However, if you or someone you love suffered injuries in a mass transit accident, attorneys at Brauns Law Accident Injury Lawyers, PC, are ready to meet with you. Here are some frequent questions we receive about mass transit accidents in Duluth.
MARTA (Metropolitan Atlanta Rapid Transit Authority Act) serves the Duluth area population with buses, trains, streetcars, and even escalators and elevators. This popular system provides transit options to more than 500,000 individuals each weekday. It operates more than 338 rail cars, 173 lift vans, and over 550 buses in and around metropolitan Atlanta. As with any extensive transportation system, however, accidents can and do occur.
MARTA is a common carrier and has a responsibility to provide safe means of transportation. However, it’s also a public entity, which often limits legal options for lawsuits.
Another mass transit option for Duluth area residents is train service. Georgia has more than 4,600 miles of active rail lines. Four Amtrak routes and five tourist rail operations make it the most extensive rail system in the Southeast. Many run through Gwinnett County.
All mass transit companies have a duty to keep their patrons and those around their transit vehicles safe. If a mass transit accident occurs, they could be liable if the company or its employees failed to prevent accidents. Generally, this means that if they or their employees were negligent, they must pay for the resulting injuries.
For example, mass transit companies are responsible for:
- Maintaining their fleet
- Hiring trustworthy and vetted employees
- Providing the proper training for employees
- Addressing safety complaints and concerns
If a mass transit organization fails to take these steps or several others and it causes an injury accident, they can and should be held accountable. The damages they cause can be severe, permanent, and even fatal.
Many factors can contribute to a mass transit accident; sometimes, more than one contributes to a single accident.
Common causes of mass transit accidents can involve:
- Speeding
- Operator error
- Driver negligence, including fatigue, inexperience, speeding, drugs or alcohol impairment, distraction, and failing to observe traffic signals
- Incorrect dispatching
- Inadequate security, lighting, or safety measures
- Lack of training and supervision
- Faulty or defective vehicles or parts
- Lack of or negligent vehicle maintenance
- Defectively designed or poorly maintained rails or roads
- Violations of safety rules, regulations, or laws
- Recklessness by other motorists
In many of these situations, the operator, mass transit company, or a designer or manufacturer could be liable for an accident. When you hire the attorneys at Brauns Law Accident Injury Lawyers, PC, they will investigate your accident thoroughly. Once they determine how it happened, they can find out who is liable for your injuries and hold them accountable for their negligence.
Mass transit companies owe all passengers a certain standard of care. Like other motorists, their drivers and operators must always conduct themselves in a way that keeps people reasonably safe. However, because the drivers are well-trained professionals, Georgia law holds them to a higher standard than other non-mass transit drivers. The law calls public transportation entities “common carriers” and says they must act as reasonably careful operators.
Those filing a lawsuit against a public transit entity such as MARTA need to prove that the entity or their employees acted negligently, and those actions caused the claimant’s injury. It can be easier to prove negligence in public transit cases in some circumstances since the law requires mass transit drivers to be incredibly attentive. However, this doesn’t mean that these claims are easy to settle and don’t need a skilled mass transit injury lawyer’s attention.
Filing a lawsuit against MARTA or another government entity is somewhat different from if you filed against another person. In most claims, you don’t have to inform the other party before filing a lawsuit. However, when filing against a government entity, you must send a notice informing the government of your intention to file a claim within the first six months of the incident.
The notice must include:
- Your name and address
- The losses you suffered
- A statement of your intent to pursue compensation
- A description of the place, time, and circumstance of the accident
It might seem simple, but this is a critical step in seeking the compensation you deserve for your damages. Suppose you fail to notify the government within the allotted six months. In that case, you probably can’t file a claim and get compensation for your injuries. It’s best if you contact an experienced mass transit lawyer as soon as possible after your accident. Your lawyer will be familiar with the specific deadlines you need to meet, and they can help ensure you don’t miss any of them.
Injuries resulting from mass transit accidents are similar to those caused by other crashes. However, that’s about all these accident types have in common. If you’ve suffered an injury, it’s on you to make a case against the negligent party. You’ll likely face many challenges, including:
- Governmental Entities: Government agencies are responsible for operating many mass transit systems. When suing a governmental agency, the legalities are different from those that apply to private parties. Successfully recovering compensation from a government entity is harder than recovering compensation from a private company or an individual.
Government entities are frequently immune from civil liability. Even in cases where governmental immunity doesn’t apply, other types of immunity make these cases challenging. In addition, before suing a government entity, an ante litem (pre-suit) notice is required. If you don’t provide such a notice within the allotted deadline, you can’t file a lawsuit against that entity. In Georgia, the ante litem statutes require notice to a county or state government within one year of the accident, while you must provide notice to a city government within six months.
- Gathering Evidence: After any accident, someone should collect critical evidence from the accident scene and other places as soon as possible. When a governmental party is involved, its investigators often start gathering the evidence it needs to defend itself immediately. Remember that those investigators aren’t working for you. Obtaining evidence from them and any other individuals often proves difficult.
- Settling Your Case: Most Duluth mass transit accident cases settle out of court. However, those against the government are more likely to go to trial. The government has the resources it needs to defend itself against lawsuits and knows how to look for weaknesses in an injured party’s case. You need an attorney who is skilled at negotiations but is still able and willing to take your case into a courtroom if necessary.
Victims who suffer injuries in mass transit accidents can seek compensation for their damages.
Depending on your case, you might seek economic, non-economic, and punitive damages.
- Economic damages. Economic damages are for quantifiable losses. You can receive compensation for hospital expenses and other medical bills. These bills can quickly become overwhelming, and you shouldn’t have to pay for the ensuing results of another party’s negligence. If you’re out of work recovering from your injury or receiving medical care, you might recover compensation for your lost wages. Economic damages can also be for things like property damage. For example, if your wedding ring was lost or damaged in an accident.
- Non-economic damages. Many times, injuries go beyond just physical effects. Mass transit accident victims can also receive compensation for the physical and mental burdens they face due to the injury. They can receive compensation for their pain and suffering, loss of enjoyment of life, loss of independence, and scarring and disfigurement, among many other intangible things. However, non-economic damages can be harder to recover because they are not quantifiable. Insurance companies often calculate the value of non-economic damages using a multiplier with the value of your economic damages.
- Punitive damages. Claimants do not often receive punitive damages in typical personal injury cases. Unlike the other damages, punitive damages do not compensate losses of the injured party—they punish the negligent party and deter them or others from engaging in the same behavior in the future. In Georgia, punitive damages are capped or limited to $250,000. Punitive damages are rare since they only apply when the negligent party is guilty of willful misconduct, oppression, fraud, or malice. A common example in which punitive damages might apply is in the case of a drunk driving accident. Drunk drivers get behind the wheel of a car, knowing the danger and potential consequences of their choices to others. Their decision is more than simple negligence.
Duluth mass transit accident victims must show that negligence caused their accident. This is challenging. Proving malice or ill will on the part of the at-fault party is even harder.
With any Duluth mass transit accident, reaching out to an attorney as soon as possible is in your best interest. Receiving necessary medical attention should be paramount to anything else. Once you are medically stable, don’t procrastinate in calling Brauns Law Accident Injury Lawyers, PC. Contacting an attorney as soon as possible increases the chances of a better outcome in your claim.
It can also have many other benefits, including:
- Not missing the statute of limitations – Your lawyer will know what statute of limitations applies to your claim and will ensure that you don’t miss it.
- Preserving evidence early – With an attorney on your side from the start, there’s a greater chance that essential evidence to prove your claim can be collected and preserved. This strengthens your claim.
- Not falling for insurance adjuster tactics – Insurance adjusters use many tactics to defeat anyone who files a claim against their insureds. They ask for recorded statements and try to twist your words and get you to innocently say something that will harm your claim. Adjusters also like to speak to injured individuals before they’ve even had a chance to talk to a lawyer. In doing so, there’s a better chance they can get you to settle for much less than your claim is actually worth. It’s best to not speak to insurance adjusters at all. Instead, hire an attorney and refer the adjuster to them.
If a bus or a train isn’t on time, it’s not a violation of a consumer’s legal rights. However, when someone suffers injuries or dies in a mass transit accident, the injured individual or the deceased’s family may undoubtedly have a legal right to compensation for their immense loss. If you have injuries from a mass transit accident, our Duluth mass transit accident lawyers might help you recover compensation from the responsible party.
At Brauns Law Accident Injury Lawyers, PC, we know the vast financial, physical, and emotional challenges you face after a mass transit accident. We’re here to help. We meticulously investigate mass transit accidents to expose what went wrong and who is legally responsible for it. Next, we determine how much compensation you should expect from your lawsuit. Finally, we get to work negotiating a settlement or taking your case to trial if needed. We represent clients from the time they retain us until their case concludes.