How do I Claim For A Bus Accident Injury?

Bus Accident Injury Claims

Buses: they seem like an easy, hassle-free option to travel but sometimes they can be quite the opposite. If you have been a passenger on a bus that has been involved in a road traffic accident you are entitled by law to claim compensation. Most people do not realize that they can claim compensation, but if you have been injured as a result of someone else’s negligent actions you should not suffer in silence and get the maximum amount of compensation you deserve.

Are you entitled to make a claim for compensation after an incident involving a bus?

The answer is yes – those injured in a bus accident, as well as the families of those who have died due to a fatal bus crash, may be eligible to file for compensation.

School bus accident
School bus accident” by dfirecop

To determine eligibility for a bus accident claim, an accident injury attorney must determine that a certain duty of care was breached by either the driver or another party involved and that this breach resulted in an accident that caused the injury. To successfully prove your claim, having evidence to support your argument is essential. Examples of this evidence include witness statements, photos of the scene, medical reports, and any other relevant documentation.

By partnering with an experienced lawyer, you can ensure that all elements of your claim are properly evaluated and that you are fully supported throughout the process.

Can I Claim For My Child’s School Bus Injury?

If your child has been injured in an accident on a school bus, you may be eligible to take legal action against the bus company. In the US, children are not legally able to pursue a claim themselves, but parents or guardians can make a claim on their behalf and act as their litigation friend throughout the process.

Some examples of bus accidents include

  • You were a passenger on a bus when a negligent vehicle collided with the rear of the bus causing your injuries.
  • You were a passenger on a bus when the driver of the bus negligently collided with another vehicle causing your injuries.
  • You were a passenger on a bus when the bus driver negligently pulled away from a bus stop too harshly causing your injuries.

So, how do you claim compensation?

First of all, you need to contact an expert personal injury lawyer who will guarantee you get 100% compensation and guarantee you a genuine win no-fee agreement. We do exactly that – we are specialist personal injury attorneys who work harder for you to make sure you get the maximum amount of compensation possible.

The claim process is simple and easy.

If you have suffered injuries following a bus accident, you may be eligible for compensation. Your attorney can help you file a claim against the bus company’s insurance policy. It is important that your claim is supported with adequate evidence and documentation such as medical records and witness statements.

Once liability has been accepted by the insurance provider, negotiations will begin to determine an appropriate settlement amount. In most cases, the process is settled without resorting to court proceedings. However, if the case is not resolved amicably, then it may be necessary for both parties to attend court.

Step-by-Step Bus Accident Claims Process

Here is a step-by-step guide to filing a bus accident claim:

  1. Step 1: Gather evidence. Collect all relevant evidence including photographs of the scene, medical records, witness statements, police reports, and video or audio recordings if available.
  2. Step 2: Report the incident. Immediately report the accident to both your insurance provider and the bus operator.
  3. Step 3: Contact an attorney. If you’ve suffered an injury, contact a personal injury lawyer who specializes in bus accidents. They can help guide you through the legal complexities of the process.
  4. Step 4: Prepare and file a claim. Compile all relevant evidence into one comprehensive claim to present to the relevant parties.
  5. Step 5: Negotiate for full compensation. Once a claim has been filed, work with your lawyer to negotiate with insurance companies and other involved parties for the maximum possible compensation.
  6. Step 6: Go to court. In some cases, going to court may be necessary if the insurance company does not accept your claim or offers an insufficient amount. Your lawyer can provide advice on how best to pursue legal action.

The next stages are all down to the hard work of an expert personal injury attorney to value your claim and negotiate with the negligent party’s insurer to give you the maximum amount of compensation.

Common Causes Of Bus Accident Claims

Plenty of precautions have been taken by the US government to ensure a high level of safety on public transport. Yet, accidents involving buses or coaches still occur and can cause physical and emotional trauma for victims who are unfortunate enough to be caught up in such an incident.

Middle School bus accident with car
Middle School bus accident with car by dfirecop

Bus accident law allows more than just passengers involved in the collision to make a claim if they suffer harm due to the bus driver’s negligence. Here are some common causes of bus accident claims:

  • Driver Negligence: If you’re a passenger on a bus who suffers whiplash due to driver error, you could still be eligible for compensation.
  • Hit By a Bus at the Bus Stop: If you’re hit while standing at a bus stop, this may result in legal action from the bus company if it is deemed the driver was driving recklessly.
  • Rear-End Collision: Drivers of other vehicles can sometimes be hit from behind by a bus due to the careless driving of the bus driver. Again, a valid claim can be made against the company in this situation.
  • Dangerous Seating: Injuries resulting from damaged or malfunctioning seating/equipment inside the bus may also give rise to legal action.
  • Cycling Accidents: Cyclists who are almost hit or actually hit by a too-closely driven bus may have recourse against the driver.
  • Car Accidents Involving Buses: You may have a case if you were injured as a passenger in another vehicle, taxi, or Uber caused by an irresponsible driver.
  • Premature Departure: Falling while boarding the stairs or finding your seat because the driver pulls away from the bus stop prematurely may mean you could file a claim.
  • Careless Driving: Pedestrians who succumb to injury due to careless driving should not hesitate to seek redress from the responsible driver.
  • Child Injuries: A concerned parent of a child injured in an accident caused by a bus might consider making a legal claim against the bus company.

It is clear that anyone suffering harm in a bus accident through no fault of their own might be eligible for compensation if they choose to pursue it. However, it is always best to seek legal advice before taking any further steps.

When a Bus Driver Causes an Accident

If a bus driver causes an accident, the potential consequences for the driver and the resulting outcomes for any injured parties will depend on several different factors.

Negligence

If the crash is found to have been caused by the bus driver’s negligence, such as driving while under the influence of alcohol or drugs, or using a cell phone whilst driving, they may face criminal charges and potentially a prison sentence. Any other road users who were injured in the accident may also be eligible to bring a claim against the driver and/or their employer for compensation.

Bus and Van accident scene by ammiiirrrr

Mechanical Failure

In some cases, accidents may be caused by mechanical failure that is unrelated to the driver’s conduct. In these circumstances, it is possible that the bus manufacturer or another third party could be held liable for the damages incurred.

If you find yourself in this situation, it is important to seek the advice of a personal injury lawyer with experience in public transport accidents. A qualified lawyer can review your case and provide insight into the best course of action available to you.

Common Injuries From Bus Accidents

Accidents involving buses can result in serious and even life-threatening injuries. It is important to understand the risks of these types of incidents so that you can take the necessary precautions. Common injuries from accidents involving buses include soft tissue injuries, whiplash and back pain, neck injuries, knee injuries, head injuries, concussions, hand injuries, and leg injuries.

  • Soft tissue injuries occur when muscles, ligaments, or tendons are stretched beyond their normal range of movement. Symptoms include pain, swelling, stiffness, and tenderness at the site of injury.
  • Whiplash and back pain are common results of high-speed impacts and forceful collisions. Signs of a whiplash injury include neck pain, headaches, dizziness, decreased range of motion, and physical impairment. Back pain can range from soreness to severe pain radiating down one’s leg or torso.
  • Neck injuries can range from minor strains to vertebral fractures and dislocations. These types of injuries have the potential to cause paralysis and should be evaluated by a medical professional as soon as possible.
  • Knee injuries are commonly caused by twisting motions or direct impact, resulting in swelling, instability, locking sensation while walking, and difficulty or inability to properly bend the knee.
  • Head injuries can vary greatly in severity and require immediate medical attention. Symptoms include nausea, confusion, slurred speech, vomiting, headaches, and loss of consciousness.
  • Concussions are traumatic brain injuries that involve a blow to the head or a violent shaking of the head and upper body. Symptoms may be delayed and can include headaches, confusion, memory loss, difficulty concentrating, blurred vision, sleep disturbances, and mood changes.
  • Injuries to the hands are often associated with falls from a bus. Signs may include swelling, discomfort when moving the fingers or wrist, deformity or misalignment of the joint, numbness in the fingers or in the forearm, or discoloration of the skin around the joint.
  • Leg injuries often involve broken bones, sprains, or contusions. Sprains produce swelling and pain around the injured area while contusions produce discoloration due to internal bleeding within the muscle tissue. In the case of a broken bone, a person will experience severe pain and may hear a snapping or crunching sound at the time of injury.

How much compensation can you receive for a bus accident?

Settlements for these types of cases can vary dramatically, ranging from just a few thousand dollars up to six-figure payouts. Unfortunately, due to the numerous variables at play in any given bus accident, it is difficult to assess what is fair and what is not. When a bus accident lawsuit is filed, the defendant’s legal team will often attempt to negotiate a settlement agreement as low as possible.

When determining a settlement for a bus accident case, several factors must be taken into consideration. These include incurred and future medical expenses, current and future lost wages, property damage, and non-economic damages such as pain and suffering, emotional distress, and loss of companionship. Obtaining the best possible settlement requires the assistance of a qualified attorney with expertise in bus accident cases.

An experienced bus accident lawyer will have knowledge of personal injury law and the ability to assess your situation to ensure you are receiving the highest value for your claims. They can help quantify economic damages by obtaining an estimate from an auto repair shop for property damage, for instance, and non-economic damages like emotional distress by having you tell your own story. In addition, they can review medical records and tax returns or pay slips to help demonstrate other forms of economic losses.

No two bus accidents are exactly alike, so it is important to obtain solid legal representation to address all the issues that may arise. An experienced bus accident attorney can help you determine what amount of compensation you should seek based on the details of your case, and fight to ensure that you get it.

Evidence to Support a Bus Accident Claim

In order to successfully file a claim for a bus accident, there are several types of evidence that may be needed to substantiate the case. Here is a breakdown of the most common forms of evidence that could be necessary:

  • Eyewitness Statements: Witnesses can provide valuable insight into the details of the accident, such as the time and location, as well as other key factors, such as the speed of the bus and whether or not proper safety protocols were followed.
  • Photos and Videos: Photos from the scene of the accident can help prove negligence on behalf of the bus driver or company. Additionally, videos of the incident can provide an even more comprehensive account of what led up to and happened during the crash.
  • Vehicle Inspection Record: It’s important to have a record of inspection for any public transportation vehicles in order to ensure safety and compliance with standards. An inspection record can provide valuable information such as when the last inspection was conducted and what, if any, maintenance issues were reported.
  • Official Documents: Accident reports, police reports, medical reports, and other official documents can serve as excellent sources for evidence regarding a bus accident.
  • Expert Testimony: Depending on the situation, expert testimony may be needed to provide additional context or clarification on matters related to the accident. These experts may include medical professionals, vocational rehabilitation experts, mechanical engineers, or other specialists.

By providing this evidence to support your bus accident claim, you can demonstrate that the incident was due to someone else’s negligence and ensure that you receive the compensation you deserve.

Time Limits For Bus Accident Compensation Claims

In Texas, personal injury cases, including bus accidents, are typically subject to a two-year statute of limitation as outlined in the Texas Civil Practice & Remedies Code § 16.003. This means that accident victims only have a two-year window from the date of the incident to take legal action against the responsible party.

Failure to file a lawsuit within this period may render you unable to pursue a recovery for damages. However, if the bus accident involves a government entity, it is important to note that you may have less time than two years to initiate a claim – so be sure to act promptly in these matters. As such, it is essential to be aware of your rights and the applicable timelines to ensure that you can seek justice and obtain compensation for your losses.

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