Taking the bus to get where you need to go can be an efficient, environmentally friendly, and easy way around town. Unfortunately, it is not without its share of risks. Bus accidents are more common than most people think and can significantly impact the lives of bus accident victims. Fortunately, you can take legal action to help with your recovery and medical expenses.
In most cases, you can file a personal injury lawsuit against the bus operator to collect compensation to help pay for damages, such as medical expenses. It’s crucial to understand what to expect from a bus accident settlement.
Read on to learn more about the average settlement for a bus accident and how you can work with a bus accident attorney to recover compensation for things like medical expenses and lost wages.
What is a Bus Accident Settlement?
Bus accidents happen when a bus driver loses control, hits another vehicle or person, or goes off the road. Passengers often have serious injuries and take legal action against the driver who caused the accident and their insurance company.
In many cases, the bus accident is blamed on the bus driver, and victims file personal injury lawsuits against the company that employs the bus driver or owns the bus.
Bus companies and government agencies can be sued in civil court just like you can sue an individual driver for causing a bus accident. However, several legal restrictions may exist. There is often a process you must follow before filing a lawsuit if a government agency is involved. A bus accident lawyer can help you with this process and file a bus accident lawsuit.
Bus companies often try to resolve personal injury cases outside of court by offering a bus accident settlement or giving the bus driver a consequence, such as a short suspension from work. The settlement is an agreement to pay the victim compensation the bus company can negotiate in exchange for ending legal action against the company.
Many victims accept bus accident settlements. Doing so guarantees a certain amount of compensation while ending a case sooner so that victims can be paid sooner. Instances involving catastrophic injuries usually result in a larger-than-average settlement, so it’s hard for victims to turn down the bus company once they see the number.
What is the Average Bus Accident Settlement?
Bus accident statistics show that the average bus accident settlement is $548,299, while the median settlement amount is $33,000 [1]. Every case and bus company is different. In most cases, compensation is recovered closer to the median amount.
However, there are many factors that go into this, such as whether you accepted the insurance settlement as offered, the extent of the injuries, and whether the victims hired legal representation.
Bus Accident Cases Settled by Rosenfeld Injury Lawyers
Rosenfeld Injury Lawyers handles various personal injury cases, including bus accidents. The bus accident claims we won range in value from $250,000 to $2.7 million, with an average settlement or verdict of about $950,000 per bus accident claim.
The factors in each case significantly influence the outcome, which is why the amounts vary widely. In the case with the biggest settlement, we negotiated a settlement for a cyclist who was hit by a bus. The bus made a left turn and hit the cyclist, leading to significant injuries.
In the case with the smallest return, we negotiated a settlement for a child who was injured because the bus started moving before the child was properly seated. Common bus accident injuries that only involve minor injuries often result in smaller verdicts.
No matter what the factors in your case are, it’s important to discuss it with a bus accident lawyer. That way, you can rely on their experience to help you understand what type of bus accident settlement you can expect if you take legal action.
Factors Influencing Bus Accident Settlements
There are many factors that can influence bus accident settlements. In general, the more severe the damage that the accident causes, the more you can expect your settlement amount to increase. Some of the most common factors that can influence your settlement are:
- Severity of physical harm suffered (minor injuries usually result in a lower settlement)
- Medical bills and hospital bills from medical treatment
- If extensive medical treatment is necessary for months or years
- If it’s a wrongful death case
- Lost wages
- Pain and suffering
- Emotional distress
- Rehabilitation costs
- Property damage
Severity of the Injuries Sustained
A bus accident lawsuit is often filed because of physical and mental injuries and property damage. Many victims file lawsuits to recover fair compensation to help pay for unexpected expenses, like medical expenses, lost wages, and property damage. Fair compensation is often determined by the severity of the injuries sustained and other factors.
Medical Expenses
Filing a lawsuit can be beneficial if you have significant injuries. Any costs related to those injuries, for example, can increase the amount of compensation that you can collect. Catastrophic injuries, such as traumatic brain injuries, often come with even higher damages resulting in larger claims and settlements.
While immediate medical expenses, such as emergency care for severe injuries, are the first thing that makes people consider taking legal action, it is the need for long-term care that has a bigger impact on the settlement. If you need long-term care options, such as physical therapy, rehabilitation, or mental health care, those costs add up quickly over time.
As a result, your lawyer factors those potential costs into your settlement negotiations to make sure that any compensation that you receive can cover medical expenses. They’ll consider medical expenses, lost wages, and any other financial losses during legal proceedings.
Lost Income and Earning Capacity
Even an accident with moderate injuries likely means that you will be out of work for an extended period of time. The wages that you miss out on or any other form of lost wages can be accounted for in a settlement negotiation. Those lost wages count as damages caused by the accident, and you can file a personal injury claim for them.
Likewise, not being able to work as much as you did before can lead to reduced income. This is often the case in such an incident with a severe impact, such as emotional trauma, spinal cord injuries, or disabling physical injuries. You can file claims for reduced earning capacity as well to help make up the difference in your income because of your severe injuries.
Pain and Suffering
Bus accidents can be psychologically traumatizing for victims and may result in the need for mental health care to deal with emotional distress or other mental health issues, such as PTSD.
You can file non-economic personal injury claims for pain and suffering, which can increase the amount that you can win or negotiate in a settlement. Families can include this in wrongful death suits.
Liability and Fault
In some states, like Illinois, damages are calculated using a comparative negligence standard. That means the court assesses the accident and attributes the cause of the accident to all parties involved. How much at fault you are found for the accident changes how much compensation you receive.
For example, if you are on a bus and the driver runs a red light causing the accident, then you may not be found at fault at all and will receive all of the compensation that you are awarded.
If you are jumping around on the bus, distracting the driver, and causing an accident, you may be found 40% at fault. That means that your compensation will be reduced by 40% before it is awarded since you were partially responsible for the accident.
Available Insurance Coverage
The settlement from a bus accident lawsuit can be limited by the at-fault party’s insurance plan. The insurance company tries to limit how much it pays victims, and the limits of the insurance plan for the at-fault driver can limit the amount you can collect. If insurance doesn’t provide much coverage, then you may be able to file a lawsuit against the at-fault driver directly.
If you are offered a settlement by the insurance company, have your lawyer review it first. Since it is in their best interests to offer you as little as possible, insurance companies will try to do just that. Have your lawyer review it to ensure the offer covers your immediate and long-term compensation needs.
Types of Bus Accidents and Their Impact on Settlements
Not all bus accidents are the same, and differences between them can significantly affect the value of their settlements. Here are a few types of bus accidents and what you can expect in a settlement.
School Bus Accidents
School bus accidents are unique because any lawsuit filed will be against the school district, which may have special protections or insurance against lawsuits. Suing a school district can be complex, but it is not impossible. Your lawyer can likely negotiate a settlement that meets your needs while dealing with special considerations.
Public Transportation Bus Accidents
Public transportation bus accidents, such as CTA accidents, may also be more complex since many public transport buses are owned and operated by city governments. However, these same governments and bus operators will likely want to settle out of court to minimize costs and prevent bad publicity.
Your bus accident lawsuit may not be against the driver; it could be against the city. Many municipalities have restrictions on who can sue and for what to protect the government against frivolous lawsuits. This gets further complicated for intercity travel bus accidents, such as Greyhound or Megabus.
However, there is often a prescribed method for handling grievances in place that your lawyer can navigate to secure your compensation. This process changes based on where the accident happened and who owns the bus.
Tour Bus Accidents
Tour bus accidents have the potential for higher-value settlements. In these accidents, there are likely to be multiple victims who are not able to work due to their injuries. As a result, they may file lawsuits that involve more damages for lost wages and similar personal injury claims that increase the cost of the settlement.
What a Lawyer Can Do for Your Bus Accident Claim
If you are in a bus accident, it is important to discuss your options with a lawyer. Filing a bus accident lawsuit is a complex process that should be managed by someone with the resources and experience to file it correctly the first time. These are a few things that an experienced personal injury attorney can do for your bus accident claim.
Investigating the Accident
One of the first things a lawyer can do is investigate the accident. Any evidence you can collect is used to prove damages, an essential part of your case. Lawyers know exactly what evidence they need. From medical bills to pictures of the accident, having a lawyer collecting evidence means you may have a higher chance of winning the case.
Determining Liability
Different parties can be held liable in a bus accident lawsuit, depending on the specific circumstances of the bus accident. Your experienced attorney will help you identify all liable parties that you can hold accountable, including:
- Bus drivers – If a bus driver caused a bus accident, it is possible to hold them personally liable for their actions.
- Bus passengers – While rare, it is possible to seek bus accident compensation from other bus passengers if they were the cause of your accident or injuries. For example, if a drunk passenger fights you or causes the bus driver to get distracted, you could sue the bus passenger.
- Bus company – The bus companies responsible for maintaining the bus and assigning the routes to bus drivers are often held liable in bus accident cases involving severe injuries.
- Other drivers – In car accidents caused by other drivers, you can pursue a personal injury claim against the at-fault driver.
- Government agencies – In some cases, government agencies can be named in bus accident lawsuits due to operating poorly maintained buses or roads.
- School districts – For bus accidents on school buses, it is possible to sue the school district or state education office for what happened.
Negotiating with Insurance Companies
Your lawyer plays an important role in negotiating the best possible settlement with insurance companies. Insurance companies will likely offer you as little as possible to make the case go away. Having a lawyer means you have someone to determine what you are owed based on your injuries and how much compensation you need to make a full recovery.
Litigating in Court
The majority of bus accident lawsuits settle out of court. This is usually better for everyone involved, as it costs less in court fees and takes less time. However, some lawsuits need to go to trial if a fair settlement cannot be reached without litigation.
When legal proceedings in court are necessary, your lawyer will lead the process. They will gather evidence, such as police reports, medical records, and testimony of accident scene reconstruction specialists, to build a strong case for seeking compensation after having suffered injuries.
Secure Expert Legal Counsel!
Reach out to Rosenfeld Injury Lawyers for a free consultation with a Chicago bus accident attorney by filling out our contact form or calling toll-free at (888) 424-5757. A member of our personal injury law firm is available 24 hours a day to help you get started.
There is no cost for the consultation or upfront fees for our services. We work on a contingency fee basis and only get paid when you do.
Resources: [1] Calculate My Case