You may file a personal injury claim to recover compensation if you were a passenger in a bus accident. But filing a claim against a bus company is confusing and complicated. However, a personal injury lawyer can help you so that you will not lose out on recovering compensation.
Why Is Filing A Claim Against A Bus Company Complicated?
Complications arise from filing a claim against a privately owned or publicly owned bus company because of the strict requirements bus companies have for filing claims. You must also know the laws that apply to these cases, especially when dealing with a local government that operates a public transportation system.
A local government in Tennessee has immunity under TN Code § 29-20-201 (2017) from some lawsuits unless it consents to be sued. This goes for school districts, which are also part of local government. Even if a government entity agrees to be sued, you can still miss an opportunity for recovering compensation if you do not follow a government’s strict deadlines and procedures for filing claims.
Our attorneys know the laws that apply to bus accident cases and the procedures to follow to recover damages for a bus accident victim.
Do I Have To Prove Fault For A Bus Accident?
Prevailing in a personal injury claim requires proving that the negligence of another individual or entity caused your injuries. This means that a bus accident requires proof that the bus driver or the bus company was at fault for the accident.
For instance, an accident investigation may show that the bus driver was sending or reading text messages, speeding, or violating some other rules of the road. Similarly, a bus company may have failed to routinely inspect and make repairs on the bus. You may use these types of findings as proof of negligence and fault for the accident.
What Happens When Other Parties Are Involved In a Bus Accident?
A bus accident investigation becomes challenging when third parties contribute to a bus crash. For instance, a bus manufacturer may be at fault because of a manufacturing defect that caused the crash. Also, the driver of a passenger vehicle or commercial truck may have rear-ended the bus.
Your lawyer can build a personal injury claim that not only holds the bus carrier liable for your injuries, but also makes third parties responsible for your damages.
What Type Of Evidence Should I Collect For A Bus Accident Injury Claim?
The most important evidence to use is your medical records that show the nature and extent of your physical injuries. Serious injuries increase the value of your personal injury claim because of the ongoing medical care you may need to treat your condition.
Besides your medical records, your evidence may also include the following:
- Police reports
- Photographs of the accident scene
- Surveillance videos
- Eyewitness testimony about the accident
- Income you lost because of your inability to work
In complex accident cases, our law firm provides supporting evidence by working with subject matter experts. For instance, we may work with an accident reconstruction expert who can help determine the cause of an accident.
We use solid information to prove key elements of a negligence claim.
What Are The Elements Of A Negligence Claim?
To hold a bus company legally responsible for your damages requires proving the following four elements of negligence in your personal injury claim:
- The bus carrier owes its passengers a higher standard of care than drivers of passenger vehicles owe to other motorists.
- The bus carrier breached this duty of care through negligence.
- The bus carrier’s negligent actions caused an accident.
- You were injured because of the bus carrier’s negligence and suffered damages, such as medical bills and other monetary losses because of the accident.
What Type of Damages Can I Recover?
You may recover a variety of damages with the most important being compensation for your medical bills. Because some buses still lack safety restraints, it is common for bus passengers to suffer injuries ranging from whiplash to broken legs to a traumatic brain injury.
You may also pursue compensation for rehabilitation and physical therapy costs, lost wages, and pain and suffering. Your lawyer can help you calculate our damages.
The Law Offices of Ogle, Elrod & Baril PLLC Can Help You File a Personal Injury Claim
If you were a passenger in a bus accident and are looking to file a personal injury claim, we can help. We work on a contingency basis which means you do not pay us unless we recover compensation for you. Call us today at 1-865-546-1111 for a free consultation.