Bus accident statistics reveal approximately 15,000 bus accidents occur annually across the United States, with about 47% resulting in injuries [1]. A bus accident can cause disability or death, especially if passengers are not wearing seat belts.
Significant legal complexities are involved in a bus accident claim, making it crucial that victims work with an experienced attorney. This article will outline what to do after a bus accident, the potentially liable parties, the potential consequences of an accident, and your legal options to receive financial compensation.
Common Causes of Bus Accidents
Bus accidents happen for many reasons, but as with most motor vehicle accidents, driver negligence is one of the most common causes. For example, a school bus driver transporting children after school may become distracted by children roughhousing, or a tour bus driver may be trying to explain the area to visitors.
In some cases, the at-fault driver is another motorist. The other driver may not notice that the bus stopped to pick up passengers. If the bus hits other vehicles, even passengers wearing seat belts may be severely injured, as a bus is heavier than the typical passenger vehicle.
A bus crash may also be due to mechanical failure, particularly with the brakes. Passenger or school buses may make dozens of daily stops, leading to significant wear and tear. Other common problems include tire blowouts and overheating engines [2].
Road hazards can lead to serious bus accidents even with a well-maintained vehicle and an attentive bus driver. Potholes, slick roads, and construction zones are potential causes of accidents for passenger vehicles and buses.
Understanding how a traffic accident happened is vital for determining liability, which helps your personal injury attorney seek compensation from the at-fault party. If distracted driving was the cause, bus drivers or other drivers could be held accountable, while mechanical failures may mean the bus company or bus manufacturer is responsible.
What to Do Immediately After a Bus Accident?
Bus accident victims can suffer serious injuries, making it essential to act quickly. Evacuate everyone from the bus but remain at the accident scene until you receive emergency medical care.
After calling 911, gather evidence from the scene, including pictures of any injuries sustained, the damage to all vehicles, and contact information from other victims. You’ll also want to ask for the insurance company’s details if possible.
It is not always immediately apparent that you’ve suffered injuries. Even if you feel fine, you should visit the hospital for medical attention. This can also help prevent further injury, especially with neck or back injuries. Once doctors have cleared you, contact a bus accident lawyer for a free consultation.
Reporting the Accident
After a severe accident, you must report the incident to the authorities, who will start a police report. This is essential evidence that connects your injuries to the accident.
You should also report the accident to the bus operator. Contact the school district if you or your child has been in a school bus accident. For tour buses, you’ll contact the private company that operates the tour, while a commuter bus accident should be reported to the responsible transit authorities.
Next, you should contact the bus company’s insurance provider. You must provide proof that you were on the bus to the insurance company. An experienced personal injury attorney can advise you on the specific proof required depending on the type of bus accident.
An attorney can also help you get witness statements to support your claim. Additionally, you’ll need medical records, hospital bills, police reports, and evidence of lost wages.
Liability in a Bus Accident
Liability for bus accidents is more complicated than passenger vehicles, making it essential to work with an attorney. Potentially liable parties include the following:
- Bus Driver – A driver, particularly a school bus driver, must pay close attention to the road and follow all traffic laws. If the driver was texting, talking to passengers, or driving while drunk, they can be held liable.
- Bus Company – Companies are responsible for routine maintenance and vehicle repairs. If mechanical issues cause an accident, they are responsible.
- Other Drivers – If someone else’s negligence causes an accident, they are responsible for appropriate compensation.
- Third Parties – Depending on the specific circumstances of the accident, bus manufacturers, repair shops, and even construction companies could be held accountable.
Determining Fault
Understanding how an accident happened is crucial for determining liability, especially as multiple parties may share the blame. Accident investigators and legal professionals will review the circumstances to determine how road conditions, driver actions, and vehicle conditions contributed to the accident.
Legal Rights of Bus Passengers
If you recently suffered injuries as a bus passenger, you can pursue fair compensation from the responsible parties. This can include medical expenses, future medical costs, and lost income, as well as non-economic damages like psychological trauma or emotional distress.
You must negotiate with the responsible insurance company or file a personal injury lawsuit to receive fair compensation. Obtaining legal counsel can simplify this process, as attorneys will communicate with insurers on your behalf.
Legal Rights of Other Involved Parties (Drivers, Pedestrians)
Drivers of other vehicles and pedestrians also have the right to a fair settlement to cover medical treatment and other needs. You can pursue compensation from the bus driver, transit company, or third parties like vehicle manufacturers.
To prove your claim, you must show that you were at the accident and that your injuries are connected to the crash. This can be demonstrated through police reports, surveillance footage, medical reports, and witness statements.
Role of Comparative Negligence
Comparative negligence means that more than one party’s actions contributed to the accident. It assigns percentages of blame to everyone who played a role in the crash, from drivers to bus companies. Lawyers, insurance companies, and juries will use a variety of evidence to assign blame, such as surveillance footage, eyewitness accounts, and crash reconstructions.
For example, assume you were in an accident with a school bus. You were going approximately 5 miles over the speed limit. The school bus driver turned away to look at a passenger, then lost control of the vehicle and crashed into your car.
The bus driver would be mostly responsible for the accident, but you may be considered partly accountable because you were speeding. The percentages depend on additional factors, like how long both drivers had to react to the accident.
Investigators will review vehicle repair records to see if vehicle defects contributed to the accident’s severity, such as if the bus’s brakes failed to stop the bus fast enough to stop the crash.
Most states use modified comparative negligence, meaning you can seek compensation if you are not more than 49% responsible for the crash. Certain circumstances, such as one driver being intoxicated, will significantly raise their blame. A lawyer will help ensure you receive a reasonable degree of blame and are not assigned more than you deserve.
Insurance Coverage for Bus Accidents
A bus accident may involve several insurance policies, including the bus company’s insurance, third-party insurance policies, and any insurance policies that passengers may have.
For an insurance claim, you can receive compensation for expenses like medical bills, out-of-pocket medical expenses like mobility aids, and lost wages. You will submit a claim on the specific policy, and the insurance adjuster will investigate the accident to determine how much your claim is worth. They will then provide a settlement offer you can accept or refuse.
An attorney can help you negotiate with the insurer to receive a fair amount and ensure you get your money quickly to reduce your financial burden.
Compensation for Injuries and Damages
In a bus accident, you may receive both economic and non-economic damages. Economic damages are for financial losses like medical expenses, time off work, and property damage. If you were severely injured and can no longer work, you may receive compensation for loss of future earning potential.
Non-economic damages consider the social and emotional impacts of an accident. This can include pain and suffering, emotional distress, inconvenience, and loss of enjoyment of life.
The amount of money you can receive depends on factors like your recovery period, the types of injuries you suffered, and the policy limits. Payouts vary from a few thousand dollars to several million. There is no guaranteed settlement, as each accident is unique, but working with an attorney can help you receive more from insurance.
Filing a Personal Injury Claim After a Bus Accident
After a bus accident, you should contact a lawyer as soon as possible. A good attorney can guide you through the process and give you the best chance of receiving maximum compensation.
To begin, you must gather documentation, including medical reports, hospital invoices, photos of your injuries, and police reports to include in your insurance claim. Your attorney will submit a demand letter with this documentation.
The insurance provider will then investigate the circumstances and determine whether you have a valid claim and how much it may be worth. If you believe their offer is fair, you can accept it, but if not, your lawyer will submit a counterclaim. Negotiations will continue until you accept the offer or, if the company refuses to provide reasonable compensation, you can file a personal injury lawsuit.
With a lawsuit, your lawyer presents your argument to a judge and jury. The jury decides who is to blame for the accident. If they agree that the other party is to blame, they will also determine how much you should receive in compensation.
Legal representation is critical to winning your case, as lawyers know all relevant statutes. An attorney is also experienced in negotiating with insurance companies and will be able to counter the tactics they use to reduce settlements.
Statute of Limitations for Bus Accident Claims
The statute of limitations for a personal injury claim varies by state. For example, in Kentucky, you have only 1 year to file a claim, while in Maine and North Dakota, you have 6 years. Most states have a statute of limitations of 2 years.
It’s critical to file as soon as possible, as negotiations with insurance will take up much of this time. Contact a lawyer soon after the accident to ensure we have time to file a lawsuit if necessary.
How a Personal Injury Lawyer Can Help
A good personal injury law firm is a critical ally after a bus accident. We have the skills to successfully navigate the legal complexities of these motor vehicle crashes, which often involve multiple insurance policies and liable parties.
Insurance companies do not want to pay and will use various tactics to reduce your compensation. We can successfully negotiate with the insurer to ensure you receive a fair settlement, using evidence like expert testimony and accident reconstructions.
Professional legal counsel helps reduce stress during this difficult time and improves your chance of getting a reasonable settlement.
Secure Expert Legal Representation!
After a bus accident, you can pursue compensation from the liable parties through an insurance claim or a personal injury lawsuit. A lawyer will help protect your legal rights and advocate for you against insurers or transit companies, guiding you through the complicated legal system.
Rosenfeld Injury Lawyers is a national law firm that protects the rights of bus accident victims and helps them secure the funds they need to recover. To schedule your free consultation with a Chicago bus accident lawyer, call us 24/7 at (888) 424-5757 or use our online contact form.
References: [1] TruckInfo.net, [2] Northwest Bus Sales