Guide to Compensation for Bus Accident Claims
If you are going on a trip, a passenger bus is one of the safest ways to travel. Tightly regulated by the Federal Motor Carrier Safety Administration, buses are the least likely type of bus to be involved in an accident. The other good news is that even when accidents occur, modern standards mean the accidents are usually less serious than they were in years past. Unfortunately, if you have suffered an injury on a bus, the positive statistics will not do you much good. After an accident on a bus, legal help is very important, because bus accident compensation claims can be complex. Here, we look at the steps to take when you’ve been injured in abus accident, to protect your rights and get the remuneration you deserve.
Injury from a Bus Accident
Hopeful statistics aside, bus accidents do happen. Recently, a Volvo passenger bus traveling from Atlanta to Dallas was in an accident in Mississippi after a tire failure, rolled over, injured 37 people, and killed seven others. According to the National Transportation Safety Board (NTSB), this single vehicle accident happened when a tire failure caused the bus to veer off the road and roll over. We’ve handled bus passenger injury claims against charter buses, including several that rolled or tipped over. We’ve handled such claims on behalf of locals and tourists, even those visiting from other countries. Who should be held liable in this kind of situation? This particular case is still under investigation, but the responsibility may likely fall on the bus company, because the tire failure could have been prevented by adequate inspection and maintenance. So, while bus accidents are uncommon, when they do happen, they can result in devastating consequences for the people involved. Those impacted deserve compensation, but determining liability can be complicated. Several different parties may be held liable for the accident:
- Bus Driver: If the driver was distracted, speeding, or otherwise negligent in preventing the accident, he or she may be held liable.
- Bus Operator/Owner: The private company, government agency, or educational agency that operates the bus may be held liable if there was a lack of proper maintenance, training, or safety protocols.
- Other Drivers: If other vehicles were involved in a collision with the boss, their drivers may share responsibility for the accident.
- Bus Manufacturer: When an accident is caused by a defective bus component or mechanical failure, the manufacturer or distributor may be at fault.
- Bus Maintenance Providers: If the bus was not properly maintained, the liability may fall on the maintenance providers.
- Government Entities: If the bus is a government owned vehicle, like a public transit bus, the government may be liable. If the road is not well maintained or the traffic lights are faulty, this can also be the result of negligence of the government.
Know Your Rights
Even if you are not a passenger, bus injury can happen to you if you are in another car involved in the accident, or even a pedestrian in the wrong place at the wrong time. If your loved one died because of the bus accident, you may be able to claim compensation, as well, by filing a wrongful death claim. Compensation refers to financial reimbursement for victims affected by an accident. If you have been in a bus accident, you may be entitled to compensation for:
- Property Damage: If your vehicle, or any other personal property, was damaged in the accident, you may be able to receive compensation for the cost of repair or replacement.
- Medical Expenses: These include hospital bills, medication expenses, the cost of any surgery or rehabilitation, and future medical care necessitated by injuries sustained in the accident.
- Lost Wages: If you cannot work because of your injuries, you may be entitled to compensation for the income you have lost. If you are not able to earn as much after the accident as you did before, you may be compensated for loss of earning capacity.
- Emotional and Mental Distress: Non-economic damages like emotional distress, anxiety, depression, and PTSD are very real consequences of a bus accident.
- Pain and Suffering: In addition to medical expenses, you may be compensated for the physical pain of your injuries, now and in the future.
- Lost Enjoyment of Life: You are entitled to compensation for how the accident and injuries affected your life and your ability to resume your pre-accident activities.
What to Do After an Accident
Your first priority should be your health. Even if you do not think you have suffered any injuries, or you believe your injuries are minor, it is important to seek prompt medical attention after you have been in an accident. Some injuries are not evident until later, and it is important that you have documentation of your involvement in the accident. Keep all medical records and other documentation. Make sure the accident was reported to the police, and take pictures or videos if possible. Try to get as many details as you can, like witnesses’ names as well as the bus company name, license plate, and driver’s details. Getting the names and phone numbers of other bus passengers is important, as those may not be documented elsewhere.
As soon as you can, contact an attorney. Your lawyer will help you navigate this unfamiliar territory, offering advice, explaining your rights, and smoothing the way for you. Lawyers know how to negotiate with insurance companies on your behalf, and will help you file a compensation claim against the responsible party. Typically, bus accident compensation is awarded through a settlement negotiation, but if you have to go to trial, a good attorney will be your most important asset.
Trust Carvalho & Associates for Expert Travel Bus Legal Help
If you need legal assistance in the aftermath of a bus accident, Carvalho & Associates Attorneys at Law can help. We are committed to helping our clients achieve the best possible outcomes when someone else is at fault for their accident or injury. Offering world-class excellence in legal representation, we provide expert legal support so that you can have the peace of mind that comes with knowing someone is representing your best interests. Our attorneys work tirelessly to develop a compelling case that secures your financial future, while also showing you compassion, courage, and the determination to hold the at-fault party legally responsible. When you need expert legal counsel, call or contact us through our website.