Oregon Injury Lawyer Blog
Every day, hundreds of TriMet (Tri-County Metropolitan Transportation District of Oregon) buses take to the roads in Multnomah, Washington, and Clackamas counties. Many of these buses are 30-40 feet long and weigh 12-17 tons when empty. With many buses covering that many miles, accidents are inevitable. If you are someone who has been injured (or a loved one killed) in an accident where a TriMet bus driver was to blame, you must understand that getting recovery for the harm you have suffered is not the same as seeking recovery from a negligent private individual. Achieving a just outcome often requires legal help from a knowledgeable TriMet accident attorney experienced in these unique matters.
Given the massive size and weight of TriMet buses, accidents injuring pedestrians and bicyclists very often inflict massive harm. A recent example of that occurred in Downtown Portland last week. According to OregonLive, a TriMet bus struck a pedestrian near the intersection of Southwest 11th Avenue and Yamhill Street on October 23. Police found the pedestrian pinned beneath the bus.
Portland Fire & Rescue extricated the pedestrian, who was hospitalized “in critical condition with life-threatening injuries,” according to officials. Police cited the bus driver for “failure to stop and remain stopped for a pedestrian,” a Class B traffic violation.
The Causes of TriMet Bus Crashes
Many factors can contribute to a TriMet bus crash, and having legal counsel experienced in these cases can be vital to achieving a fair outcome. One factor is the accident investigation process. The causes underlying a bus crash can be complex and numerous. Was the bus in proper functioning condition before the crash? Did TriMet properly maintain and repair the bus? (This can include problems like worn brakes or tires, or a failure to address safety recalls.)
A thorough investigation may also reveal issues with the bus driver. Did the driver receive the necessary training that he/she should have? Was the driver impaired because of medical problems, fatigue, or drug/alcohol use?
A proper investigation will also reveal issues like a bus driver’s failure to follow the traffic laws. Proof that police cited the bus driver for their driving leading up to the accident can be a critically valuable piece of evidence in your case against TriMet.
The Unique Procedural Aspects of a Case Against TriMet
TriMet is a quasi-governmental a/k/a public entity. For purposes of seeking recovery after a TriMet bus accident, this has a very real impact on your case. Recovering from TriMet is different from recovering from a private individual. To pursue TriMet, you must follow the statutory requirements established by the Oregon Tort Claims Act.
That means that, to seek civil damages after a TriMet bus accident, you must submit a formal written “notice of claim” to TriMet within 180 days, unless your case involves a death. (The deadline for wrongful death claims is one year.) If you fail to submit this notice of claim before the deadline, you will lose the ability to pursue your case and recover anything from TriMet for your harm.
Insurance Issues
Another unique element you should know is that TriMet self-insures all vehicle liability as required by the Oregon statutes. This means that any potential settlement of your claim will go through TriMet, not an outside insurer. It also means TriMet has its own in-house investigators, adjusters, and lawyers to investigate, negotiate, and litigate all claims.
These individuals know the rules and laws related to TriMet extremely well because TriMet matters are all they do, and this is a key reason why you need an accident attorney keenly experienced in, and knowledgeable of, TriMet accident cases.
Collisions between TriMet buses and pedestrians/bicyclists often involve massive harm to the pedestrian/bicyclist. Even at low speeds, the massive size and weight difference inherent in these collisions often yields catastrophic or fatal harm, which means a massive amount of losses for the injured person (or their surviving family).
Getting just compensation, then, is a must. Having legal counsel on your side who has in-depth experience in these cases can go a long way toward reaching that goal. The TriMet accident lawyers at Kaplan Law LLC are here to help, providing decades of experience dealing with TriMet’s investigators, adjusters, and attorneys to secure the best possible outcome for our clients. Call (503) 226-3844 today or contact us online to schedule your free consultation.
