Our client was riding the bus to work when another car pulled out in front of it. The bus driver couldn’t stop in time and crashed into the other car. The impact threw our client to the floor of the bus, injuring his knee. He required surgery and had more than $36,000 in medical bills. Our Athens bus accident lawyer secured a $100,000 settlement for him, which was the insurance policy limits of the other driver.
The Athens Bus Crash
The wreck happened at the intersection of East Broad Street and Anderson Street. Our client was riding the bus when a UGA student made a left turn from Anderson Street directly into the path of the bus. The bus driver braked but couldn’t stop and crashed into the side of the other car.
Although the police report did not list our client as a passenger, the surveillance video from the bus showed him on the bus and being thrown to the floor when the crash happened. That video became an important part of the case.
The Injury: Left Knee Pain That Did Not Go Away
The day after the wreck, our client went to Piedmont Athens Regional Medical Center with left knee pain. Doctors ordered x-rays, which did not show a fracture or dislocation. The doctors prescribed pain medication and anti-inflammatories and told him to see an orthopedist if his knee did not get better within a couple of days.
Our client’s knee continued to hurt so several days later he went to Athens Orthopedic Clinic. He reported pain with walking and bending and flexing his knee. The doctor performed a McMurray’s test, which is a physical exam used to evaluate possible meniscus tears. The test was positive.
The MRI Showed Meniscus Tearing and Degenerative Changes
The orthopedist ordered an MRI of our client’s left knee. It showed significant tearing of both the medial and lateral meniscus, along with degenerative changes.
That created an important issue in the case: the insurance company could argue that the knee problems were caused by pre-existing arthritis instead of the crash.
But the medical records also supported our client’s case. Before the bus wreck, his medical records showed that he was active, healthy, worked a full-time job and had no complaints of knee pain and had not had any treatment for his knee. After the crash, he began having symptoms including pain and his knee locking, popping and feeling that it would get stuck.
The Surgery
When physical therapy and injections didn’t help, our client decided to undergo surgery.
The procedure included arthroscopic medial and lateral meniscectomies. After surgery, his knee remained swollen and sore. His orthopedic surgeon aspirated fluid from the knee and gave him a cortisone injection.
Our client’s medical bills totaled more than $36,000.
Why This Was a Strong Case
This case had several strong facts.
First, liability was clear. The other driver failed to yield and hit an Athens-Clarke County Transit bus.
Second, video evidence helped prove our client was actually on the bus and showed how the crash affected him. That mattered because the police report did not list him as a passenger.
Third, the treatment timeline showed continuing knee problems after the wreck. He went to the emergency room the day after the crash, followed up with orthopedic providers, had an MRI, and eventually underwent surgery.
Fourth, the medical records helped address the pre-existing condition issue. The MRI showed arthritis, but the records also showed that the crash made the knee substantially worse and led to mechanical symptoms and surgery.
Policy Limits Settlement
The at-fault driver had $100,000 in insurance with Donegal Insurance Group. We obtained the surveillance video from the bus, compiled all of our client’s medical records and bills, and prepared a settlement demand for the other driver’s $100,000 policy limits. Donegal accepted the settlement demand, and the case is closed. We’re glad to have helped this client and wish him well with his recovery.
Hurt in a Bus Accident?
Bus accident cases often involve claims against governmental entities. They involve tight legal deadlines, multiple insurance policies, and additional legal hurdles. If you or a loved one were injured, Ruppersburg Injury Law can help. Contact us for a free consultation. No fee unless we win.
FAQ
Can I bring a claim if I was a passenger on an Athens bus?
Yes. If another driver caused the crash and you were injured as a passenger, you may have a claim against the at-fault driver.
What if the bus driver was at fault?
You can file a claim against the bus driver. However, cases against public transportation are cases against governmental entities and are subject to strict legal deadlines that do not apply in regular cases. If you do not meet the deadline, your case will be dismissed no matter how strong it is or how badly you were injured. Contact an attorney right away to discuss.
Does my uninsured / underinsured motorist coverage apply?
Yes. If the other driver doesn’t have insurance or doesn’t have enough insurance to fairly compensate you for your injuries, you can make a claim on your uninsured / underinsured motorist coverage. Many UM policies require you to notify your insurance company you were involved in an accident and have a claim, so you should do that right away.
What if the police report does not list me as a passenger?
That does not necessarily end your claim. Other evidence may prove you were on the bus, including video footage, witness statements, medical records, dispatch records, or transit records.
Can I recover if I had arthritis before the crash?
Yes, depending on the facts. If a crash aggravates a pre-existing condition and makes it symptomatic or worse, the law allows you to recover. You usually need medical evidence, such as testimony from your doctor or your medical records, showing how the wreck aggravated your condition and made it worse.
How long do I have to bring a personal injury claim in Georgia?
In most Georgia personal injury cases, the statute of limitations is two years from the date of injury. Shorter notice deadlines apply in claims involving government entities, so it is important to investigate quickly.
