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Can I File a Compensation Claim After a Bus Accident?
Bus accidents can have devastating outcomes, including causing life-changing injuries that may require ongoing care and treatment. The medical costs associated with a bus can quickly spiral out of hand, leaving you financially incapacitated. Fortunately, the law has provisions that make it possible to pursue compensation for the damages and losses you incur.
Before filing a compensation claim, you must establish who is to blame for the accident. This can be difficult to do on your own, but skilled Evansville personal injury lawyers can help you navigate the intricacies of determining liability for the accident.
Who Is to Blame for a Bus Accident in Indianapolis?
In the line of duty, when helping clients recover compensation after a bus accident, Indianapolis bus accident attorneys have often found various parties to be at fault. Some common liable parties are the following:
Bus Driver
A bus driver could be found liable for damages resulting from a bus accident because they have a responsibility to operate the vehicle carefully. Some reasons a driver could be held liable if investigations reveal they were:
- Driving while intoxicated
- Reckless while driving
- Distracted, such as texting while driving
- Driving while fatigued
- Disregarding traffic laws and road signs
- Overtaking carelessly
Once liability is established, bus accident attorneys in Indianapolis say that a bus driver could face serious legal consequences and legal action.
The Driver of Another Vehicle
Another driver could be at fault for the accident for:
- Failing to yield while changing lanes
- Driving while distracted
- Speeding and losing control
- Drunk driving
- Failing to stop at a red light
- Making an illegal turn in front of the bus
- Tailgating
- Driving on the wrong side of the road
A Public Transit Agency
Transit agencies could be held responsible in accident cases involving public transportation vehicles. For example, they could be at fault for failing to run proper background checks on drivers before hiring or for not providing adequate training.
The Bus or Parts Manufacturer
A manufacturer of a vehicle or parts of the car can be liable for an accident if it malfunctions due to faulty design or production. Common issues that could cause accidents include defective brakes, steering wheels, or other critical components that may fail to work.
A manufacturer could also be responsible if they didn’t adequately warn or instruct users of the vehicle’s safe operation. The law requires manufacturers to prioritize safety and ensure their products uphold the highest safety standards to minimize the risk of accidents and protect lives.
The Municipality
The municipal could be liable if the bus that caused the accident belonged to the local government and the accident was due to negligence. The government must maintain and operate the bus system safely, for example, by ensuring the roads are passable, well-marked, lit, and always in good condition.
If a bus accident was caused by potholes, the city could be at fault for not properly maintaining the roads or streets. Lack of proper facilities for road users, such as crosswalks or pedestrian footpaths, could also be negligence that could cause a city to be held liable for an accident.
However, filing a compensation claim against a government entity can be complicated. For example, you must file a notice within the relevant agency within a short statute of limitations. Besides, claims against such entities may have stricter requirements than those of other parties. Aggressive lawyers can help you fight to the end to obtain the settlement your case is worth.
How Can I Prove Liability After a Bus Accident?
Claiming that a party was at fault for a bus accident is not enough; you must provide evidence that proves their liability. The process is often intricate and calls for a detailed and strategic approach to building a strong case. Experienced Indianapolis bus accident lawyers can help you prove liability through the following crucial steps:
- Gathering evidence: Collecting data that establishes the accident’s context and causation is vital. Essential pieces of evidence that could strengthen your case include but are not limited to, bus maintenance records, surveillance footage, police reports, driver employment records, eyewitness statements, medical records, and photos of the accident scene.
- Expert testimony: Bus accident lawyers in Lakeside often work with accident reconstruction professionals to gather more insights into the mechanics of the accident and uncover why and how it happened.
- Legal analysis: Skilled legal experts can leverage in-depth knowledge of state and federal laws governing public transportation and commercial vehicle operations to thoroughly explore all the possible legal angles of proving liability.
- Negligence identification: Proving liability requires analyzing evidence to establish negligence on the part of the party liable for the accident.
Ensure your legal team is committed to meticulously navigating each step to help you secure the compensation you deserve for the damages.
Proving Liability in a Bus Accident with the Help of a Bus Accident Lawyer
Establishing liability in a bus accident is often not straightforward, as many factors come into play. The bus and road conditions, driver behavior, the role of other road users, transportation conditions, and the availability of proper road systems can all be to blame for bus accidents.
If you got injured in a bus accident as a passenger, motorist, motorcyclist, or pedestrian, you can pursue compensation with the help of dedicated personal injury lawyers in Evansville. The Gerling Law Injury Attorneys Office has skilled bus accident attorneys who can assess your case specifics and help you build a strong claim. Call us at 812-213-4551 for a FREE consultation.
