A bus crash creates immediate confusion and a complex set of challenges. A bus accident lawyer helps individuals chart a course toward recovery after an incident involving public or private bus transportation. Law Bear offers a free case evaluation to help you find your footing.
Free, confidential case evaluation. Get matched with a trusted local lawyer today.
How a Bus Accident Lawyer Helps Your Claim
After a serious bus collision, a bus accident lawyer acts as your advocate and guide. Their primary function is to direct your claim and handle the complex communications and procedures on your behalf.
Your legal counsel works to compile evidence and build a strong case. They handle all interactions with insurance companies and opposing attorneys. This allows you to focus on your recovery while a professional charts the path forward for your claim.
Conducting a Comprehensive Investigation
The first action your attorney takes is to launch an independent investigation into the crash. They gather all relevant information before it disappears.
A thorough investigation may include these actions:
- Acquiring Official Reports: Your lawyer obtains the police accident report and any investigative reports from agencies like the National Transportation Safety Board.
- Gathering Physical Evidence: They collect photos and videos from the accident scene, including surveillance footage from the bus or nearby businesses.
- Interviewing Witnesses: Your legal team may contact eyewitnesses to the crash to get their accounts of what happened.
- Securing Bus Records: They can demand access to the bus company’s maintenance logs, driver employment files, and post-accident inspection results.
Handling All Communications
Insurance adjusters and corporate attorneys may try to contact you shortly after the accident. They often aim to secure a quick, low settlement or get you to make a statement that harms your claim. Once you have legal representation, all communications must go through your lawyer.
This protection allows you to avoid the pressure and tactics of opposing parties. Your bus accident lawyer manages all phone calls, emails, and settlement discussions. This lets you recover in peace while they work to direct your claim toward a fair resolution.
Identifying the Value of Your Claim
Determining the full extent of your losses is a detailed process. An experienced bus crash lawyer knows how to account for all the ways the accident has impacted your life. They work with you to document every expense and loss you have incurred.
A bus accident attorney compiles records to build a complete picture of your damages. This blueprint for your claim includes all current and future anticipated losses. Your attorney then presents a well-supported demand to the responsible parties.
Fighting for Fair Compensation
Your bus accident attorney leads the negotiations with the bus company’s insurance representatives. Your lawyer uses the strength of the evidence to argue for a complete financial recovery. They can counter any low offers and advocate for the full value of your claim.
The Doctrine of Common Carrier
Buses, like trains and commercial airplanes, are often classified as common carriers. This designation means they’re held to a higher standard of care for passenger safety than operators of private vehicles. They must use the utmost diligence to protect their passengers from harm.
This higher duty makes it easier in some cases to establish negligence. A bus company must actively inspect its vehicles, train its drivers thoroughly, and take all reasonable steps to create a safe environment.
A failure to meet this standard may result in liability. A bus accident lawyer uses this legal principle to strengthen a claim.
Common Causes of Bus Accidents
Bus accidents happen for many reasons. Pinpointing liability in a bus accident is often more complicated than in a standard car crash. Multiple parties could share responsibility for the incident. Sometimes, a combination of human error, mechanical failure, or poor road conditions is to blame.
A successful claim depends on showing that another party’s negligence caused the harm. This involves collecting evidence, reviewing official reports, and speaking with witnesses.
Driver Error
The person behind the wheel has a significant responsibility for passenger safety. A momentary lapse in judgment or negligent action can have serious consequences. Many bus accidents can be traced back to the driver’s actions or inactions.
Common examples include:
- Driver Fatigue: Long hours on the road impair a driver’s reaction time and decision-making abilities, even though federal regulations limit driving hours.
- Distracted Driving: Using a cell phone, adjusting the radio, or interacting with passengers can divert a driver’s attention from the road, leading to accidents.
- Driving Under the Influence: Driving under the influence of alcohol or drugs, while less common, remains a serious and dangerous cause of collisions.
Bus Company Negligence
The company that owns and operates the bus has a duty to keep its fleet and staff in a safe condition. Failures in this area can establish liability for an accident. This responsibility extends from the hiring process to vehicle maintenance.
Poor hiring practices, such as failing to conduct thorough background checks, may put a dangerous driver in command of a bus. A company must also provide adequate training for its drivers on safety procedures and vehicle operation. A lack of proper training may lead directly to a preventable crash.
Inadequate maintenance is a leading cause of mechanically-based accidents. Bus companies must adhere to strict maintenance schedules to check brakes, tires, steering, and other vital components. Skipping these checks or using substandard parts to save on costs places passengers at risk.
Third-Party Fault
Sometimes, the cause of a bus accident lies with someone other than the driver or the bus company. Other motorists on the road can act carelessly and create a dangerous situation. These third parties may be held accountable for their actions.
A driver of another car might cut off a bus, make an unsafe lane change, or run a red light. The bus driver may not have time to react to avoid a collision. In these scenarios, the other driver’s negligence is the primary cause of the incident.
In other cases, a government entity responsible for road maintenance may be at fault. Poorly maintained roads with large potholes, missing signage, or malfunctioning traffic signals create hazards. A bus accident lawyer investigates these possibilities to identify all responsible parties.
Seeking Compensation After a Bus Accident
A successful claim allows you to pursue compensation for the various losses you suffered due to the accident. These damages fall into different categories, covering both economic and non-economic harm.
The value of each claim is unique and depends on the specific details of the incident and the harm you sustained.
Possible areas of compensation include:
- Medical Costs: This includes payment for all past and future medical care, such as hospital stays, surgeries, physical therapy, and prescription medications.
- Lost Income: You can pursue recovery for the wages you lost while unable to work, as well as any reduction in your future earning ability.
- Property Damage: This covers the cost to repair or replace any personal property that was damaged or destroyed in the bus crash.
- Pain and Suffering: This compensates you for the physical pain, emotional distress, and general loss of enjoyment of life caused by the incident.
What Evidence Helps a Bus Crash Lawyer?
The evidence you collect immediately after a bus accident builds the foundation for your claim. These details can help your bus accident lawyer piece together how the crash occurred.
Common examples of helpful evidence include:
- Photos: Take pictures of your injuries immediately after the accident and as they continue to heal.
- Medical Documentation: Keep a file with all of your medical records, bills, and receipts for any health-related expenses.
- Your Written Account: Write down everything you remember about the accident as soon as you can, while the details are still fresh in your mind. Your personal collection of evidence supplements the official investigation, providing a firsthand account from your perspective.
Contact a bus accident attorney as soon as possible after the incident. They can provide specific advice and take prompt action to preserve important evidence.
Time Limits for Filing a Bus Accident Claim
Every state has a law, known as a statute of limitations, that sets a deadline for filing a personal injury lawsuit. If you miss this deadline, you’ll likely lose your right to pursue compensation forever. The time limit may vary depending on the details of your case.
For example, when your claim is against a government entity that operates a public transit system, the rules are often different and more complex. You may need to file a formal Notice of Claim with the government agency much sooner, sometimes within a few months of the incident.
Failing to provide this notice on time may bar your entire claim, making it imperative to contact a bus accident lawyer to learn about the specific deadlines that apply to your situation.
FAQ for Bus Accident Lawyer
How Are Bus Accident Claims Different From Car Accident Claims?
Bus accident claims often involve multiple potentially liable parties, such as the driver, the bus company, and maintenance providers. Buses are also considered common carriers, which means they’re held to a higher standard of safety, a factor that influences the legal arguments in a case.
Additionally, when a government entity operates the bus, special rules and much shorter deadlines for filing a claim often apply.
What if I Was Partially at Fault for the Accident?
Each state has its own rules for situations where more than one party shares fault for an accident. In many states, you may still recover compensation even if you were partially to blame for the wreck.
An attorney can analyze the facts and explain whether your state’s specific comparative fault rules apply to your case.
Do I Still Need a Bus Accident Lawyer if the Insurer Already Offered Me a Settlement?
You should be very cautious about accepting an early settlement offer from an insurance company. These initial offers are often far less than the full value of your claim. Insurers make quick offers in the hopes that victims accept before they know the true extent of their injuries and losses.
Before accepting any offer, have an experienced bus crash lawyer review it and advise you. If it turns out to be a lowball offer, your lawyer can create a strategy to build your case and demand more compensation.
What Should I Do if a Bus Company Asks Me To Sign Some Papers?
Don’t sign any documents, waivers, or release forms from a bus company or its insurance provider without having an attorney review them first. You may end up signing away your right to pursue any future compensation.
Politely decline and tell them your legal representative plans to review the documents. This protects you from unintentionally settling your claim for less than it’s worth.
Does the Type of Bus Change the Claim Process?
Yes, the type of bus may significantly change the legal process. If you were injured on a public city bus, your claim is against a government entity and is subject to special rules and very short deadlines to file a notice.
A crash involving a private charter, tour, or interstate bus means you claim against a private company and its commercial insurer.
Accidents involving school buses have another unique set of rules that apply to claims against school districts, or in some cases, third-party operators. A bus crash attorney can identify the correct procedures based on the type of bus.
Get an Advocate on Your Side
The legal system may feel like a complex and unfamiliar network of tracks and switches. One wrong turn can delay or derail your ability to secure a fair outcome. You need a skilled conductor to direct you toward the best possible resolution. Let Law Bear help move your case forward.
We connect individuals like you with qualified local attorneys who can build a strong claim on your behalf. Call Law Bear today at (309) 365-6510.