What is Government Immunity in Georgia?
Under Georgia law, an individual injured in a mass transit accident has limited ability to file a lawsuit. The restrictions are due to a legal concept called “Sovereign Immunity.” Governmental immunity shields government agencies from claims and lawsuits. In a serious mass transit injury case, this section of law comes into play and must be addressed correctly. With the help of your attorney at The Scott Pryor Law Group, a “Waiver of Immunity” can be pursued, allowing you to seek justice and compensation. The Waiver of Immunity is covered under Ga. Code § 50-21-24.
What Should I Do After an Injury on Mass Transit in Georgia?
Georgia law allows the state legislature to restrict the compensation an agency must pay an injured victim. Any severe injury case involving mass transit in the state requires an analysis to determine how to best move forward. Contact an attorney as soon as possible after an accident, as the process of seeking compensation is far more complex. It involves several legal filings which must occur within the time frame allowed by law.
What Are the Most Common Types of Mass Transit Accidents in Georgia?
While mass transit is generally considered safe, accidents do happen, often with devastating consequences. Bus accidents are the most common of all mass transit accidents in Georgia. The transit agencies across the state operating buses include MARTA, GRTA Xpress, CobbLinc, GCT, CATS, and Hall Area Transit. A bus accident is very dangerous, as passengers are not protected by airbags and seat belts. A collision causes them to be thrown violently around the vehicle’s interior.
What Types of Injuries Occur on Mass Transit in Georgia?
A mass transit accident can be a disaster, with many passengers suffering serious, catastrophic, or fatal injuries, including but not limited to:
- Head injuries
- Back injuries
- Lacerations
- Broken bones
- Spinal cord injuries
- Traumatic brain injuries
- Internal injuries
- Disfiguring injuries
- Amputations
- Fatal injuries
If you or a loved one has suffered any serious injury in a mass transit accident, you deserve to be compensated for all losses. The process may be challenging, but it is far from impossible. The earlier you engage the right attorney, the better the outcome could be.
How Will Sovereign Immunity Impact My Claim for Compensation?
Sovereign Immunity will impact any injury claim against a governmental agency or its employees. In a regular personal injury claim, a victim has two years to file a claim. In cases against any governmental agency, the deadlines are much tighter, generally between six months and a year, after which the injured party may be forever barred from filing a lawsuit. It is imperative to seek legal representation as early as possible after a mass transit accident.
Can a Mass Transit Case be Settled Out of Court?
In a mass transit accident case, an injury case could be settled without a lawsuit against the agency. If it is determined that the accident resulted from a vehicle or system failure, it may be possible to seek compensation from the vehicle or parts manufacturer. Every case has unique facts, and a full review of the evidence is necessary to identify all liable parties.
Why You Need an Attorney
The complexities involved in mass transit accidents require the help of an experienced personal injury lawyer who understands this process. It would be challenging for a layperson to attempt to resolve such a case on their own. In some cases, an offer may be made to the injured, but these offers are typically far lower than deserved. The FMCSA (Federal Motor Carrier Safety Administration) reports on the staggering numbers of bus accidents in the nation each year, with close to 5,000 nationally in the most recently reported year, many of which occurred in Georgia.
Reach out to The Scott Pryor Law Firm for Assistance
Your case will be in the hands of a true legal professional at our firm. Our founder, Scott Pryor, has been listed in Georgia Super Lawyers® and is rated 10.0 Superb on Avvo. He is also a member of the elite Multi-Million Dollar Advocates Forum. We work to achieve justice and full compensation for the injured in mass transit accidents in Georgia and can speak with you about your case and how to proceed. Contact us at (404) 474-7122 today.