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injured on bus and damaged phone.warning... Long detailed read

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Dubdidit361

Active Member
is the name of your state?tx
Real quick guys. A few weeks ago I had to use the city's transportation. During the ride the driver was going a bit faster than she should of been. She was doing maybe 40 in a 30 and you could tell she was aggravated. Anywho we began to approach a traffic light on yellow.. she was going to attempt to beat it but at the last moment changed her mind with a foot to the break instantly. When she did this me and another rider were violently thrown to the front if the bus only stopped by some raised structure of the bus. The other guy busted his head and I slammed my shoulder. I was in shock and didn't think I was hurt right away. But I laid their for a second kinda freaking out. The driver tried to help the bleeding guy up but couldn't so I focsd my way up to help the guy. Before doing that I noticed my brand new phone had a brand new crack n chip on the screen..I was upset. The driver asked if we were okay I told her not really and asked the other guy n he said he was..despite bleeding out his head. She then tried to scare us into not reporting it by mentioning to us the police would have to come. I told her I wasn't worried about that n she explained the other man smelled of beer a bit..it worked he said no ma'am I just want to go home. I also was in a rush so I said fine.lets go..after a few minutes passed of me staring at my damaged phone..I started to feel a soreness in my spine .at that point I changed my mind and decided to report it. The driver became visibly annoyed but went ahead and jumped on the radio. I was shocked at how much she tried to sugar coat the issue..n she liked about the man's injuries..n told them I was upset about my phone..to end it here .the supervisor came saw how bad the other guy was hurt. Shefound out how bad the driver changed her story n also brought up the fact the lady was new n in training still. They asked me if I needed to go to the hospital. I told them no..I was banged up but not in need of medical attention...I went home .n in the morning I felt like I'd just been in a wreck!! But being that I'd been in a wreck before I knew just to lay down and rest for a couple days..now..I do fence work..have been for 15 years..I couldn't work for 2 days..so I sat there at home missing work with a damaged phone. I feel they should at least pay for my phone..they promised to call me..it never happened..what do I do? I know if a judge or just see that tape they will see how violently if an event it was. I took the bus because I needed to..not to get thrown around n have my stuff broke because an irritated trainee is having a bad day.
 


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Dubdidit361

Active Member
quincy said:
You can file a claim.

You should have sought out medical attention after the accident.
[/QUOTE

I'm unisured and the er here is always packed with real emergencys I'd feel bad taking up room. More upset with my phone. Do I contact them or go to small claims court
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quincy

quincy

Senior Member
With no medical evidence of injury connected to the abrupt stopping of the bus, you do not have much to support a legal action.

In order to sue any municipal government entity (like city bus transportation), you must provide written notice to the entity of your intent to sue. With this notification should be a description of your injury and/or property damage along with specifics on the incident (date, time, place).

You will need to check on the time limit for providing this notice to sue as the limits vary from city to city - with the maximum time being within six months of incident and minimum times as short as 30 or 45 days from date of incident. Although the statute of limitations is 2 years for personal injury claims in Texas, you must meet the time limit for notification to sue or your claim will be barred.
 
not2cleverRed

not2cleverRed

Obvious Observer
You should have gone to an er. If you went to the er and a dr said take it easy for a couple of days, you could file a claim/sue for at least your out of pocket medical expenses, and you would have some evidence that you were physically hurt and could not work for a couple of days.
 
FlyingRon

FlyingRon

Senior Member
In order to sue any municipal government entity (like city bus transportation), you must provide written notice to the entity of your intent to sue. With this notification should be a description of your injury and/or property damage along with specifics on the incident (date, time, place).
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Specifically, in Texas, this is called a Notice of Claim. You have to give the state (or the municipality) a chance to resolve things before bringing them into court.
 
LdiJ

LdiJ

Senior Member
This thread brings back memories. When I was in middle school we had a school bus driver who used the brakes to control what went on, on the bus. If she was unhappy with the students, she would slam on the brakes which would knock us all to the floor. My dad was the president of the school board at the time, and one day I got hurt pretty badly due to her slamming on the brakes. The next day she was gone. She should have been gone long before that, but none of us complained because nobody got seriously hurt until then.
 
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ALawyer

Senior Member
Municipalities in many cities and states have laws that require any potential claimant to file a formal notice of claim in a prescribed manner within a rather short time frame, or be barred from filing suit -- notwithstanding that the state's general statute of limitations is almost invariably far longer.

In nearly all circumstances insurers and self-insured entities disregard minor property damage claims. The amount is small, and easily calculable and property damage claims don't risk a possible significant verdict -- the amount is rather finite -- the depreciated value of the property lost -- rather than unclear so that a jury could award a substantial amount, such as for pain and suffering.

Knowing that it doesn't make financial sense for claimants to sue for a small amount of property damage, and confident that no successful practicing lawyer would be willing to take on a pure small property damage claim, I don't expect you'll get very far unless you can take this to a small claims court.
 
quincy

quincy

Senior Member
ALawyer said:
Municipalities in many cities and states have laws that require any potential claimant to file a formal notice of claim in a prescribed manner within a rather short time frame, or be barred from filing suit- notwithstanding that the state's general statute of limitations is almost invariably far longer.

In nearly all circumstances insurers and self-insured entities disregard minor property damage claims. The amount is small, and easily calculable and property damage claims don't risk a possible significant verdict -- the amount is rather finite -- the depreciated value of the property lost -- rather than unclear so that a jury could award a substantial amount, such as for pain and suffering.

Knowing that it doesn't make financial sense for claimants to sue for a small amount of property damage, and confident that no successful practicing lawyer would be willing to take on a pure small property damage claim, I don't expect you'll get very far unless you can take this to a small claims court.
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That was already noted, in posts 4, 6 and 7. Texas-specific information was provided.
 
D

Dubdidit361

Active Member
quincy said:
With no medical evidence of injury connected to the abrupt stopping of the bus, you do not have much to support a legal action.

In order to sue any municipal government entity (like city bus transportation), you must provide written notice to the entity of your intent to sue. With this notification should be a description of your injury and/or property damage along with specifics on the incident (date, time, place).

You will need to check on the time limit for providing this notice to sue as the limits vary from city to city - with the maximum time being within six months of incident and minimum times as short as 30 or 45 days from date of incident. Although the statute of limitations is 2 years for personal injury claims in Texas, you must meet the time limit for notification to sue or your claim will be barred.
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As I mentioned. My issue isn't so much the so called injury. It's my phone. That's what I'm upset about. I'm not a sue happy citizen or anything like that. I just need my phone replaced. Just read the rest. Gotcha..I ll writ e today
 
Zigner

Zigner

Senior Member, Non-Attorney
Dubdidit361 said:
As I mentioned. My issue isn't so much the so called injury. It's my phone. That's what I'm upset about. I'm not a sue happy citizen or anything like that. I just need my phone replaced. Just read the rest. Gotcha..I ll writ e today
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Your phone doesn't need to be replaced...only the screen.
 
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