How to File a Personal Injury Lawsuit After a Bus Crash
The most common type of buses on the road are those that are owned and operated by city governments. However, many tour buses and other commercial buses also drive on our nation’s roads every day. If one of these commercial buses causes a crash that leaves you injured, you can file a lawsuit against the company that owns the vehicle.
Commercial buses are known as “common carriers.” These are a category of vehicles that transport people for a fee. Common carriers are required to follow specific regulations, and they carry the highest degree of care to protect their passengers. So, these companies can be sued if they fail to follow certain regulations, or if the driver or company itself doesn’t provide the utmost care for its passengers or others on the road.
For school and city buses, filing a lawsuit gets a bit murkier. You will need to file a lawsuit against the municipality and/or the specific bureau or division that oversees buses. This may include an organization such as the Metropolitan Transportation Authority in New York, or the local school system of the bus that was in the wreck.
Filing a claim against a government entity can be tough unless your injury losses are significant. Claims made against government-owned buses that involve more serious, catastrophic injuries are more likely to undergo a more serious review by the courts, insurers, and government entities.
Claims involving minor injuries may get dismissed under laws that protect government entities, or they could result in a minor settlement offer with little other recourse available.
If you are involved in a wreck with a city-owned bus, you will need to hire a lawyer who has experience handling similar cases in your area. Every city has specific laws regarding suing the municipality, such as what paperwork needs to be filed and how long you have to file the lawsuit.
Proving Negligence in a Bus Crash
Whether you’re injured in a crash with a city or commercial bus, you must show that the driver acted negligently (or intentionally) in order to seek compensation. Negligence is present when a person acts in a way that a reasonable person wouldn’t, and therefore causes injury. Four elements must be proven to show negligence:
- The driver had a duty of care, including following all regulations and exercising the utmost care for passengers and others on the road
- The driver breached their duty of care
- This breach of duty was the direct cause of your injuries
- You suffered real damages because of the bus crash
If these elements are proven, your bus crash lawyer may be able to get compensation for medical bills, property damage, pain and suffering, lost wages, and more.
Speak to an Experienced Catastrophic Bus Crash Lawyer Today
A school bus crash or any other kind of wreck with a bus can lead to serious, and sometimes fatal, catastrophic injuries for passengers and other drivers. They can also cause severe property damage and leave you without a way to get to work — and can leave you incapacitated altogether.
If you’re injured in a bus crash, you have legal options. At Auger & Auger, we have represented bus crash victims for over 26 years. We know what it takes to get the compensation you deserve. Give us a call at (855) 969-5624 or contact us online today for a free, no-obligation consultation with a bus crash lawyer.