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.
