Springfield Bus Accident Lawyers

Fault and Liability in Bus Accidents

Because bus accidents involve commercial (professional) drivers, the process for recovering compensation typically looks different than it would after a car accident. Here are some of the ways liability and the claims process may play out after a bus crash.

When a Third-Party Driver Is At Fault

If another individual causes a collision with a bus, that person’s insurance will cover the accident. However, especially if multiple people are injured, their policy limits may not cover all the damages accrued by accident victims. In this case, you’ll want a lawyer to make sure your needs aren’t overlooked during the claims process.

When a Bus Company Is Liable

Even though an individual driver may technically be to blame for a bus accident, that person’s employer will be liable. If injured in a tour or charter bus crash, that means you will have to sue a company rather than an individual.

There are pros and cons to this situation. Commercial insurance held by a bus company likely has an extremely high limit, which means you may be able to recover more compensation in these cases. However, these companies or their insurers may also be staffed with a well-funded team of in-house lawyers. This makes it harder to bring a claim on one’s own. With a strong team like ours on your side, it will be easier for you to recover the compensation you need.

When a Government Is Liable

School and city bus drivers are employed by the government, meaning that’s who you would bring a lawsuit against if you (or your child) were injured in an accident involving one of these vehicles. Filing a claim against the government is more complex than even a typical personal injury case. You will need to file with a specific department and, more importantly, there is a much shorter deadline for bringing these claims. Especially after an accident involving a publicly owned bus, you need to speak to a lawyer right away to ensure your right to compensation is protected.

If a Faulty Bus Causes a Collision

In some cases, no driver is to blame for an accident—a bus itself can malfunction while on the road and cause a collision. If you are injured in this type of bus accident, you’ll need a strong investigative team on your side. Before you can bring a claim, you’ll need to know what caused the malfunction: Was it a bad part, overlooked maintenance, or something else?

When a part unexpectedly fails, you may be able to bring a claim against the bus maker or part manufacturer. Proving such a malfunction, however, will require the support of knowledgeable engineers.

In cases where the failure would not have happened if a bus had been properly maintained, you will need to know who was responsible for taking care of the vehicle. In most cases, liability will rest with the vehicle owner, but some bus companies contract with third parties for regular maintenance. Either way, our attorneys can help determine who was negligent in your case.

Damages You Can Seek in a Bus Accident Case

The rate of dangerous bus crashes has been slowly increasing over the last few years, meaning more Americans need help after injuries caused by these incidents. Before you accept a settlement claim, it’s important to understand the damages it should cover. We can help you ask for:

• Medical bills
• Future medical needs
• Lost wages
• Decreased earning capacity
• Accommodations and assistive devices
• Lasting disability
• Pain and suffering

Especially if your injury cannot be fully healed, you may need medical care and/or daily support for the rest of your life. Such assistance is costly. An insurance adjuster whose job is to decrease the amount their company has to pay will likely understate the types and extent of help you may need.

We advise you to work with an experienced personal injury law firm like ours to calculate the damages you are eligible to recover. Our team can bring in medical experts and life care planners to itemize the expected costs of your injury, so you do not agree to a claim that is too low.