You are used to depending on the many services available that get you from place to place throughout the city, take you to work, and more.
Nobody ever expects to be injured in a bus accident; however, accidents involving buses happen every year in the U.S.
You want to make sure that you are successfully represented by an attorney that you can trust in your time of need when anbus accidents occurs.
We are here to help you understand the many laws that dictate your recovery and why it is important to act quickly to preserve your case.
Public Transportation Cases
You’ve probably used some type of transportation throughout your life to get from point A to point B. Bus, trains, subways, and many other modes of transportation all fall under something known as ‘common carrier’ law.
A common carrier is an old term that is still around today and describes general types of public transportation, or vehicles that take you from one place to another for a fee.
Here’s the thing about common carriers: When it comes down to negligence and the duty that they owe you, a common carrier owes you the highest degree of care on the roadways. This means, if a driver acted negligently in some way and you were seriously injured, you must be able to show that the transportation company was negligent and you will be able to win your case to collect damages.
The reason why you must still be able to prove negligence in these cases is that you never know if there was a reason for the accident. For instance, what happens in a case where a bus swerves to the side because a child ran out on the street? The bus driver had been driving reasonably before this and, if they wouldn’t have swerved, the child might have been killed. In this case, the accident might not have been avoidable and you might not have a claim like you thought you did.
Special Aspects to Remember in These Cases
Bus accidents are a bit different than any other type of claim that you might bring. For instance, they follow different procedures since they usually fall under state or municipal agencies. This means that the statute of limitations you regularly had to abide by may be a little different.
For instance, if you had a regular statute of one year to file, you might have an even shorter amount of time when you are bringing a government claim. You might only have six months to notify the public transportation company in writing that you will be bringing a claim, and a much shorter deadline to actually file the suit.
If you send your claim to the wrong department or fail to meet the deadlines, you might miss out on your chance to file a claim – which is why you should always have an attorney on your side.
Another thing to remember is that the bus accidents don’t always occur due to driver error. Yes, it is possible that you will bring a claim against a driver for aspects like fatigue, failing to follow safety measures, and distracted driving.
Accidents also happen due to mechanical failure when maintenance is not provided, or poor road conditions that couldn’t be avoided. This means that you might not just have a claim against a bus driver or company, but also a maintenance provider, manufacturing company, and more.
School Bus Accidents Cases Involving Children
Sometimes, children will be involved in school bus accidents. There are some things that every person should ask for these claims before they bring a case against a company for their child’s injuries. These include the following:
- Was the bus driver at fault? You will have to show that the school bus driver acted negligently in some way and that this negligence led to the accident of your child. When it comes to the insurance companies of these cases, you might find out that the company wants to settle immediately over something that caused your child many injuries. You don’t want to miss out on your chance to bring a claim on behalf of your child, so make sure you’re meeting all the deadlines and filing suit against the correct party.
- Is the bus driver considered an employee of the school? If the bus driver is an agent, or employee, of the school, you may find that you have a case against them as well as the school district. If the school bus driver was working within the scope of employment at the time and had your child in their care, the employer could be held liable under a doctrine known as “vicarious liability.” If the bus driver was on break when the accident occurred, or it was after school hours, it might not be so clear whether you can make a claim against the company or not.
- Are you following all proper procedures? When you make your claim, you want to make sure that you are following all proper procedures to file a claim. This means that you might have to file a tort claim against a bus company and wait for a response, or meet the statute of limitations on your claim.
If your child has been injured in a school bus accidents, your claim should always be handled very seriously under the law. Children are not held to the same standards in injury cases, which means that it may be easier to obtain compensation for a child who has been injured in a specific case because they are offered more protection than adults. This is due to the fact that children are young and cannot defend themselves from harm.
Seeking Compensation in Your Bus Accidents Case
It is not uncommon to see a wide array of serious injuries after a bus accidents case such as whiplash, spinal cord injuries, traumatic brain injuries, and more. This is why many people who are injured have medical bills that keep piling up, lost wages due to missing time at work, emotional suffering, and more to account for.
It is important to understand the ins and outs of your complex bus claim and how to receive compensation for you or a child in your life who has been injured. At the McGuire Law Firm, we want to help you every step of the way. Call us for more information today at 888-352-0624.