Does Albuquerque Rapid Transit have a specific duty of care to keep passengers safe?

New Mexico – October 31, 2020

An experienced bus accident attorney can be of assistance when an accident involves a bus as legal responsibility for common carriers such as a bus, mandates a higher level of care because of paid services to the public.  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 because of an accident. Albuquerque Rapid Transit has had many problems with providing a safe service to its riders in the past, due in part to poorly manufactured buses.

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

Driver restrictions.

Bus drivers have different demands by regulation as to their safe ability to operate a passenger carrier.  The specific medically disqualifying conditions found Under 49 CFR 391.41 are hearing loss, vision loss, epilepsy, and insulin use, with certain exemptions. Most commercial bus drivers are required  to have commercial drivers’ licenses (CDL).  The CDL regulations provide that “no person shall operate” a Commercial Motor Vehicle (CMV)s before passing the written and driving tests required for that vehicle (§383.23(a)(1)).

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.  An accident lawyer will know if the cause of the accident, and the amount of damages require a request for punitive damages. 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

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

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