Traffic was backed up near Old Town Saturday afternoon after a crash involving an Albuquerque Rapid Transit bus. Around 1:10 p.m. on Central between Lomas and Rio Grande, a bus was seen parking in the middle of the ART lane. A city spokesperson says the crash involved an ART bus and a car. One person was taken to the hospital with unknown injuries. A baby was in the car at the time of the crash, but was not hurt. The ART bus had minor damage to its front bumper and quickly went back to its route. An experienced bus accident attorney can be of assistance when an accident involves a bus.

 Duty of care.

Legal responsibility for common carriers mandates a higher level of care because of paid  services to the public.  Non-commercial drivers are required to operate vehicles with reasonable care, but a common carrier 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 when injury, or property damage occurs.

 Claims.

A bus accident attorney will be able to outline the 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 must be received within ninety (90) days of when the incident occurred. One of the first criteria reviewed is that the claim was filed within 90 days from the time of the loss. This time frame (with some exceptions) is set by statute, so accident victims typically must file your claim within 90 days in order for it to be considered

 Damages.

An experienced bus accident attorney in Albuquerque will work with insurance to make sure insurance 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.  Total awards can include:

  • Economic damages for present and future loss of earnings, medical bills, current and future medical care, household expenses, and
  • Non-economic damages for pain and suffering, mental anguish and loss of consortium or companionship.
  • Punitive damages are considered in New Mexico, but are founded on behavior  that is reckless, intentional, egregious, and harmful. An experienced accident lawyer will know if the cause of the accident, and the amount of damages require a request for punitive damages.

Insurance.

New Mexico follows the “fault” system with regard to accident insurance, meaning the person who was legally at fault for causing the accident must compensate anyone who was injured, or whose property was damaged.

Seek legal counsel.

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.  They will advise accident victims on relevant time requirements to file a legal action with municipal, or government entities.

 

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.cabq.gov/dfa/risk-management/learn-more-filing-a-claim

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