Embraced And Celebrated By Gwinnett’s Local Community
Were you injured in Lawrenceville, GA or its surroundings? Our lawyers can help you recover from your losses. We have decades of combined experience handling local personal injury cases.
Having a local MARTA accident with experience with and knowledge of the actual value of your case is vital to ensuring you receive the most compensation possible for your injuries.
Our award-winning personal injury lawyers know the best way to go up against insurance companies because we used to work with them and use that experience to help you win.
Voted Among the Best Personal Injury Firms in Gwinnett County 6 Years in a Row by Gwinnett Magazine
In Georgia, MARTA refers to the Metropolitan Atlanta Rapid Transport Authority. The combination bus, rail, and streetcar system provides urban transport to Atlanta’s citizens and visitors. While MARTA receives good safety ratings, bus, rail, and streetcar crashes involving riders, motorists, and pedestrians still happen.
Therefore, you can’t face the aftermath of this type of accident without reaching out to an attorney. A lawyer who specializes in MARTA incident claims can help you prove your case so you can receive a just and fair settlement.
Filing an injury claim or case against MARTA is a matter you should therefore take seriously. MARTA has an investigative team onboard that is quickly dispatched to handle injury incidents. One of the major goals of the investigators is to collect evidence in the fastest time possible to support a MARTA defense.
That is why you need to consult with a MARTA accident lawyer from Spaulding Injury Law, as we have the knowledge needed to overcome the challenges MARTA may impose. Our lawyers will act quickly to safeguard your rights so you can move forward confidently in the legal claim process.
Why Bus Accidents are Especially Serious
Bus accidents lead to serious injuries and fatalities. Whether you’re hit by a bus in an SUV or a small car, you can sustain lifetime injuries or a disability.
Passengers of MARTA buses, trains, or streetcars are also vulnerable. If a bus strikes another vehicle, for instance, you can be easily thrown around and injured, given that you’re not wearing a seatbelt.
Moreover, rollovers of buses can easily occur, given a bus’s narrow wheelbase and continual shifts in movement. A collision or rollover can lead to fractures, brain damage, and crush injuries.
So, what are some of the main reasons for MARTA bus or train accidents? In some of the cases, driver error is to blame due to distracted driving or driver fatigue.
MARTA Distracted Driving
Distracted driving is any activity where a driver diverts their attention while operating a vehicle. This may involve texting while driving, reading or talking to passengers, or eating. MARTA drivers are trained to avoid this type of behavior. However, it still can happen, leading to an accident.
Driving While Fatigued
Another major concern in public transportation operations is driving a bus or similar form of transport when overtired.
Some operators may end up working extended shifts but are too tired to drive. When a fatigued driver operates a bus or train, their reaction times slow, making it more difficult for them to get out of harm’s way.
Why MARTA Claims Require Legal Support
MARTA claims differ from accident and injury cases due to MARTA’s association with government-regulated transport services. Therefore, your claim is directed to a government agency.
As a result, your time for filing a claim is shorter than what it is for a regular personal injury accident claim. Because MARTA claims also fall under the state’s carrier laws, you have one year, instead of the usual two-year time frame, in which to file a MARTA lawsuit.
MARTA lawyers know how to pursue a claim and pursue the necessary steps, as well as negotiate an amount that covers your damages.
Key Steps to Take When Filing a MARTA Claim
While the legal process may seem confusing, you have rights as a motorist, pedestrian, or MARTA passenger that are worth protecting. With determination and legal guidance, you can hold MARTA accountable for your injuries and recover equitable compensation so you can move forward with your life.
Understanding Liability in MARTA Accidents
To win compensation in a MARTA accident, you’ll need to prove liability. This means showing that MARTA was negligent in some way.
MARTA can be liable for things like:
- Improperly training or supervising employees. If the bus driver was unfit to operate the vehicle safely, MARTA can be held responsible.
- Equipment failures or malfunctions. Faulty brakes, doors, handrails, or other components that caused your injuries may indicate liability.
- Unsafe conditions. Spills, debris, or other hazards left unattended that led to your accident are signs that MARTA failed to ensure a safe environment.
- Policy or procedural violations. Not following safety protocols for boarding, exiting, emergency response, or transit can make MARTA liable.
With the right evidence and legal counsel, you have a good chance of recovering damages from MARTA. While it won’t undo your injuries, receiving financial compensation can help with medical bills, lost income, and other expenses. It may also encourage MARTA to make changes to prevent future accidents and improve safety for all riders.
Staying determined and patient through the legal process will be difficult. However, focusing on accountability and the goal of safer public transit for your community may help motivate you to see your case through to the end. Justice, after all, is worth the fight.
Proving MARTA’s Negligence in Your Personal Injury Claim
To win damages in your MARTA injury claim, you’ll need to prove that MARTA’s negligence caused your accident, resulting in injuries.
Evidence of MARTA’s Negligence
First, your attorney will collect any evidence from the scene like security footage, photos, witness statements, or police reports that show MARTA was at fault. Things like:
- Broken handrails, torn seats or flooring, malfunctioning doors, etc. These forms of evidence show improper maintenance and upkeep.
- Lack of warnings about wet floors, closing doors, or any other transit hazards. These types of evidence demonstrate a failure to warn riders of dangers.
- Reckless behavior by operators. Sudden stops, aggressive driving, or ignoring safety procedures establishes careless vehicle operation.
Proving Your Injuries Resulted from the Accident
Next, you must prove your injuries were directly caused by the accident itself. Your lawyer can use:
- Medical records, bills, and test results confirming your diagnosis and treatment. The more documentation, the better.
- Statements from treating physicians. Use the statements to describe and define your injuries, recovery, and prognosis. These forms of evidentiary proof establish the severity and longevity of your injuries.
- Records of missed work, reduced hours, or lost income due to your injuries. These supporting documents show the impact of the accident on your earnings and quality of life.
Calculating Damages in Your MARTA Injury Lawsuit
Calculating damages in a MARTA injury lawsuit involves determining the value of what you’ve lost due to the accident. This includes economic losses, like medical bills and lost wages, as well as noneconomic losses for pain and suffering. These losses are defined more in depth below.
Economic losses are calculated based on actual costs and their financial impact following the injury. This includes medical expenses from hospital visits, surgery, physical therapy, medication, and any future care needed.
It also includes any income lost if you couldn’t work during recovery. Provide records of all your medical bills, expenses, and pay stubs to determine the total economic losses.
Non-economic losses refer to the physical and emotional impacts of the injury. This includes compensation for pain, suffering, or the loss of enjoyment of life. Since there’s no exact dollar amount for these intangible losses, your lawyer will determine an appropriate settlement amount based on the severity and duration of your injuries.
Pain and Suffering. Pain and suffering covers both emotional distress and physical pain – both of which can greatly affect how you earn a living and spend your time.
Reduced Quality of Life. Chronic back or headache pain, disability, and disfigurement, which lead to a reduced quality of life, are all quantifiers that are factored into an amount for noneconomic damages.
Loss of Companionship. You should also claim damages for loss of companionship, which refers to the impact your injury has on you and your partner or spouse. This includes the loss of affection, assistance, and sexual relations with your partner or spouse.
Punitive Damages. Punitive damages may also be awarded to punish the at-fault party for reckless behavior. Punitive damages in Georgia are capped at $250,000. Your lawyer can determine if you have grounds to pursue punitive damages in your case.
Contact a MARTA Accident Claims Attorney in Loganville Right Away
Providing thorough documentation of expenses and working with an experienced MARTA injury lawyer are the keys to achieving maximum recovery in your case. Contact Spaulding Injury Law for a free, no-obligation consultation now.
Visit Our MARTA Accident Office in Loganville
We help victims inside the Gwinnett County Area and our firm is conveniently located near Loganville. We have an office in Lawrenceville at 223 Scenic Hwy S #202 Lawrenceville, GA