Public transportation, like DART buses in Delaware, is a part of many people’s daily lives. But what happens if someone gets injured while riding a DART bus? Can they receive compensation for their injuries?
Every case is different. The circumstances leading to your injury determine whether you can seek damages, and who is responsible for paying you.
Delaware bus crashes
In 2022, there were 74 crashes involving buses in Delaware. These collisions injured 98 people and killed one.
DART’s responsibility
When it comes to injuries on DART buses, you need to understand the responsibility DART holds. DART, or Delaware Transit Corporation, must ensure the safety of its passengers. If someone sustains injuries due to the negligence or fault of the bus operator or the transportation system, they might be eligible for compensation.
Filing a claim
If you sustained injuries on a DART bus, the process to seek compensation involves filing a claim. This means formally notifying DART about the incident and explaining how the injury occurred. You need to provide accurate details and any evidence, such as witness statements or photographs, to support your claim.
Proving negligence
To receive compensation, you must demonstrate that the injury resulted from negligence on the part of DART or its employees. This could include actions like unsafe driving, lack of maintenance or failure to address hazardous conditions on the bus. Proving negligence is a key factor in determining eligibility for compensation.
Exceptions and limitations
While compensation is possible, it is important to be aware of exceptions and limitations. For instance, if the injury resulted from the passenger’s own actions, such as ignoring safety guidelines or engaging in risky behavior, it may impact the eligibility for compensation. Additionally, there are time limits for filing claims, so you need to meet those deadlines.
Understanding sovereign immunity
Delaware follows the legal doctrine of sovereign immunity, which means the government, including entities like DART, enjoys certain protections against lawsuits. However, there are exceptions to sovereign immunity, and injury claims against DART may be possible under specific circumstances.
Other vehicles
DART passengers injured in accidents caused by another vehicle may be eligible for compensation. In such cases, the responsibility lies with the negligent party, not DART. Passengers can file a claim against the at-fault driver’s insurance to seek compensation for medical expenses and damages.
Other passengers
Injured DART passengers facing harm from attacks or misconduct by another passenger may seek compensation. Responsibility rests with the aggressor or the person at fault. Victims can file a claim against the individual responsible for their injuries, aiming to cover medical expenses and damages.
You may be able to seek compensation, but you will need to determine who is at-fault for your injuries.