New Mexico – November 19, 2020

Albuquerque is approaching one year of Albuquerque Rapid Transit (ART) bus service. The number of crashes involving ART buses and other drivers dropped by nearly half after the first month, down to seven in January and seven more in February. Service stopped in March due to COVID-19 restrictions. The buses started running again on a limited schedule on June 13. As more people started getting on the road again, there were six crashes in August and six in September. Bus accident numbers still need to be reduced, but the city continues to make adjustments to city roadways by realigning the traffic signals to line up just right with the lanes or tweaking the timing of the lights to make sure everyone on the road has a smooth ride.  Individuals who have been in a bus accident involving ART should contact an experienced bus accident attorney to see if they have a case for damages.

Duty of care.

ART buses as common carriers, must utilize a higher degree of care to ensure the safety of passengers, and the public they serve.  When bus drivers, or companies do not observe the higher duty, it can be considered an act of negligence that will need to be proven by an injury attorney when injury, or property damage occurs because of a common carrier bus accident. Albuquerque Rapid Transit has had many problems with providing a safe service to its riders in the past year.

Claims.

A bus accident attorney will be able to outline special rules that apply when a passenger is injured as a result of an Albuquerque Rapid Transit accident.   A claim must be sent to the Mayor’s office and received within ninety (90) days of the accident occurrence. This time frame (with some exceptions) is set by statute, so accident victims must adhere to the timeline for claim  consideration.  Bus drivers have different demands by regulation as to their safe ability to operate a passenger carrier and are sometimes cited in accident claims if drivers were negligent to those duties.

Damages and legal counsel.

An experienced bus accident attorney in Albuquerque will work with insurance adjusters to make sure settlement offers, or jury awards will cover damages. Damages address fiscal recovery meant to repair economic and non-economic losses caused by a bus accident.  An experienced accident lawyer may also request punitive damages for long term loss impacts to accident victims.  It is imperative to seek experienced legal counsel at the Law Offices of Brian K. Branch who can help navigate insurance interactions and court cases when personal injury, or property damage is the result of an accident with an Albuquerque Rapid Transit bus.

 

The Law Office of Brian K Branch

715 Marquette Ave. NW
Albuquerque, New Mexico 87102
Tel: 505.764.9710
Toll Free: 888.972.1212
Fax: 505.764.9722

 

Sources.

 

New Mexico Statutes 41-2-1

 

New Mexico Statutes 41-2-3

 

New Mexico Statutes 41-2-2

 

https://www.fmcsa.dot.gov/regulations/title49/section/391.41

 

https://www.fmcsa.dot.gov/regulations/title49/section/383.23

 

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