Buses serve a variety of transportation needs, but are probably best known for transporting children to and from school and to school events. There are school buses in use all across the country, including those owned by larger companies that lease or contract their services.
If you have been involved in a crash with a bus, you should contact a lawyer to discuss whether you can and should file a claim against the company.
Determining Who is At Fault for a Bus Accident
If you have found yourself in a crash with a bus, it is important to determine what caused the crash. Your personal injury attorney will conduct an in-depth investigation into the accident to determine who was at fault and why the crash occurred. Usually it is found that the crash could have been prevented. The driver who is at fault is liable for any damages suffered.
There are several reasons that a motor vehicle accident might happen. If the crash happened in a state that observes comparative negligence laws and you were partially at fault, you can still recover damages. If your damages total $50,000 and you were 10% at fault, you would be awarded $45,000.
Acts of Negligence That Cause Bus Crashes
Driving While Under the Influence - Driving while under the influence of alcohol or drugs impairs judgment. This also includes prescription drugs that have warnings about operating heavy machinery or driving.
Driving While Fatigued - Drivers should only drive a set number of hours per day. If drivers are too tired and drowsy, they might crash.
Reckless Driving - This means driving in violation of traffic laws, such as driving too fast or running stop signs.
Mechanical Failure - If the bus suffers mechanical failure that leads to a crash, it might be because of improper maintenance or failing to make proper repairs.
Your personal injury attorney will be able to tell you if any of these negligent acts led to the crash where you suffered damages. The attorney will also be able to help you at various stages in the process and with different decisions you’ll have to make.
Collisions Involving a Coach or Bus
If you have been seriously injured and suffered damages because of a crash with a bus, you should retain legal representation.
Your damages might include medical expenses for the treatment of your injuries, property damages, and even pain and suffering. Schedule a free initial consultation with a personal injury lawyer today to learn more about your options.
Documentation to Support Your Claim
Being involved in a crash with a school bus can generate a wide variety of strong emotions. Because of strong emotions, you might forget to present the correct documentation to a company. The right documentation can be the difference between motivating an insurance company to take action and having an insurance company dismiss your claim.
Here is an overview of the important documents you need to submit a persuasive personal injury claim:
- Law enforcement report
- Accident report
- On the scene photographs
- Witness statements
- Medical bills
- Property damage assessment
- Professional analysis of the case
- Reports of other incidents involving the same company
- Insurance information
Working with a licensed personal injury lawyer not only will ensure you submit the proper documentation, but it will also ensure the documentation is logically organized to present the most compelling evidence of the incident. One or more incident reports that involve the same company is important, as it could show the company has a history of its drivers of being involved in vehicle crashes.
Filing a Claim
The key to filing a persuasive claim is to prove you were not at fault for causing the accident. Even if an accident with First Student bus, or any other bus company, occurs in a no-fault state, you still have the right to file a claim seeking damages. Your personal injury attorney will collect all the evidence required for submission to your insurance company.
The primary goal for filing a personal injury claim is to inform the court and the defendant about your intent to seek damages for a wide variety of reasons. Your personal injury lawyer will know exactly how to word a claim, as well as ensure every document you need to prove your case is filed with the claim. Also referred to as a complaint, your personal injury claim will contain several sections.
Introduction
- Polite greeting
- Identifies you, the defendant, and the court where you plan to file the claim
- Date and time of the incident
Body
- Jurisdiction of the court
- Mention legal principles covering your claim
- Present all facts of the case
- The amount of requested monetary damages
Conclusion
- Politely request a timely resolution
- Provide the contact information for your attorney
You will have to pay a filing fee, which typically runs between $100 and $400 for personal injury cases.
Statute of Limitations
Every state has on the books a statute of limitations for the filing of personal injury lawsuits, with a two-year limit representing the most common amount of time set for starting the personal injury claim process. The clock for the statute of limitations typically begins on the day incident, although it can start later when you discover the presence of one or more injuries. If you fail to initiate a personal injury claim before the statute of limitations expires, then you cannot file a lawsuit in a civil court.
Possible Monetary Damages
The types of monetary damages awarded in personal injury cases depends on the type of case, as well as the extent of the personal injuries and property damage. There are four common types of monetary damages awarded for personal injury lawsuits.
- Medical expenses
- Property damage
- Lost wages
- Pain and suffering
You will need to submit valid documentation to prove you incurred medical expenses and property damage because of an accident with a bus, or any other bus company. Documents showing the amount of wages lost because of the crash is important as well.
Pain and suffering is a much more subjective type of monetary damage, as it usually hinges on the development of emotional distress symptoms. The court might also declare punitive damages, which can result from a company having one or more similar incidents on the legal record.
Speak with a Personal Injury Attorney
Filing a personal injury claim against First Student, or any other bus or coach company, requires the legal services of a personal injury lawyer. Your lawyer will collect and present the documentation you need to prove your case in a civil court. He or she will also know about the statute of limitations for filing personal injury lawsuits in the state where you live. Complete the Free Case Evaluation today!
*Disclaimer
The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against First Student, or any other party, you may not be entitled to any compensation.
