Pursuing A Claim Against A Bus Driver

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Oct 04, 2024

Pursuing A Claim Against A Bus Driver

Public transportation like trams, commuter rails, and buses are very helpful for a variety of reasons, including reducing vehicle congestion, providing access to those without vehicles, curbing emissions, and more, and the individuals who operate these vehicles are highly skilled workers. However, no amount of skill, training, or licensing will ever guarantee that the operator will never be involved in an accident, nor does it guarantee that they will never be at fault for the accident they are involved in.

When a bus is involved in an accident — whether with a passenger vehicle, cyclist, pedestrian, or others — the damage can be catastrophic due to the size difference between this massive vehicle and nearly all other methods of transportation on the road, which is why bus companies carry commercial insurance policies with limits often in excess of $1 million. That said, a policy limit does not reflect the amount you will receive because the insurance company will work to minimize their payout on any claim, no matter how large the limit is.

Injured As a Bus Passenger

Passengers who are injured in a bus accident may have a variety of legal options available to them for compensation, depending on the facts and circumstances of the accident. These can include filing a personal injury claim against the driver, the bus company, or both.

Injured In Another Vehicle

Suppose you were involved in an accident with a bus while in another vehicle, and it was the bus driver’s fault. In that case, you can file a personal injury claim against the driver or the company they work for to recover damages. These claims are generally based on the bus driver’s negligence, meaning that the at-fault driver breached their duty of care to you, and as a result, you were injured.

Injured As A Pedestrian Or Cyclist

If you were walking or riding a bicycle when you were hit by a bus, then you can also file a personal injury claim against the driver or transportation company for your injuries. These claims work in much the same way as claims filed by those injured in other vehicles and are based on the negligence of the bus driver.

Filing A Claim Against The Government

In some cases, you may need to file your personal injury claim against a government entity like a city, county, or state. This is generally only necessary when the driver was working for the government at the time of the accident, such as while operating a municipal transit vehicle.

What To Do After A Bus Accident

Whether you were a passenger on the bus, in another vehicle, or a pedestrian or cyclist when the accident occurred, there are some important things you should do to protect your legal rights and give yourself the best chance of recovering the compensation you deserve.

Call 911 and Seek Medical Attention 

First, call 911 or make sure that someone else does. It is important that you seek medical attention as soon as possible from the EMTs that arrive, even if you do not think you were seriously injured. Some injuries, like whiplash, may not present symptoms until days or even weeks after the accident occurred. By getting medical treatment right away, you will have a record of your injuries that will be helpful if you decide to file a personal injury claim.

Gather Contact Information

Second, you should try to get the contact information of any witnesses to the accident. These witnesses can provide valuable testimony about what happened and how the accident occurred, which can be very helpful in proving your case.

Document the Accident

Third, you should take photos or videos of the accident scene, your injuries, and any damage to your property. These photos can be used as evidence in your case.

Withhold Statements Until Working With a Lawyer

Fourth, you should not give a statement to the bus company’s insurance adjuster or sign any documents without first consulting with an experienced personal injury attorney. The insurance company will likely try to get you to say something they can use to deny or minimize your claim, so it is important to be careful about what you say.

Hire an Attorney

Finally, you should contact an experienced personal injury attorney as soon as possible. An attorney can help you investigate the accident, identify all potential sources of compensation, and fight for your rights against the insurance company.

The Most Common Causes Of Bus Accidents

There are many different factors that can contribute to a bus accident, but some of the most common causes include:

Common Injuries Sustained In Bus Accidents

Due to the large size and weight of buses and the fact that they often carry a large number of passengers, bus accidents can result in very serious injuries. Some of the most common injuries sustained in bus accidents include:

Broken Bones

When a person is hit by a bus, they can sustain broken bones in any part of their body.

Head Injuries

Head injuries are also common in bus accidents and can range from mild concussions to more serious traumatic brain injuries.

Spinal Cord Injuries

Spinal cord injuries can result in paralysis and are often very serious or even life-threatening.

Lacerations

Lacerations are cuts that can result from broken glass or metal and can be very serious if they hit a major artery.

Internal Injuries

Internal injuries can occur when a person is hit by a bus and can range from mild to life-threatening.

Wrongful Death

Unfortunately, bus accident injuries can be serious enough that they also result in wrongful death.

Statute Of Limitations For Filing A Bus Accident Claim

The statute of limitations is the deadline for filing a personal injury claim. In most states, the deadline is two years from the date of the accident. However, you should consult with an attorney as soon as possible after an accident, as there may be other deadlines that apply to your case.

How Much Is Your Bus Accident Claim Worth?

The value of your bus accident claim will depend on a number of factors, including the severity of your injuries, the cost of your medical bills, the lost wages you have suffered, and the pain and suffering you have endured. An experienced personal injury attorney will be able to evaluate your case and give you a better idea of how much your claim is worth.

Contact 1-800-Injured right away to connect with an experienced attorney who can help you make sense of your situation and fight for the compensation you are rightfully owed. 1-800-Injured is an attorney and medical referral service.