Bus Accident Lawsuit In 2024 | What Factors Impact Bus Accident Claim
Bus accidents can be traumatic and can leave victims with huge losses and injuries. Fortunately, the law allows the victim to recover monetary compensation for injuries and damages they suffered by filing a bus accident lawsuit.
However, you must know that not all bus accidents result from negligence. After all, the Federal Motor Carrier Safety Association (FMCSA) says riding buses is among the safest and most reliable ways to travel.
How common are bus crashes?
The Federal Motor Carrier Safety Administration reported that in 2017 alone, there were more than 15,000 accidents that led to 25,000 injuries. Yet, despite these numbers, accidents with buses lead to far fewer fatalities compared to other types of road accidents. In fact, the Bureau of Transportation Statistics found that in 2019, out of 36,096 total roadway fatalities, only 35 were victims of bus crashes.
Bus driver fatigue and negligence by the bus driver or their employer are the most common causes of accidents. However, sometimes, drivers of passenger vehicles are the ones responsible for various bus collisions.
Causes of bus crashes
Here are the common circumstances that cause bus crashes:
- Poor weather.
- Dangerous road conditions.
- Inadequate maintenance.
- Insufficient driver training.
- Lack of seat belts.
Nevertheless, the size of a bus also makes it challenging to navigate and creates numerous blind spots that can put pedestrians, cyclists, and other drivers at risk.
Things to do immediately after your bus accident
If you get involved in a bus accident, here are the things that you need to do and remember.
1. Seek emergency response.
Following a bus accident, the first thing you need to do is seek medical advice. It is the responsibility of the bus staff to contact the emergency services if they are in the right state to do so. If not, you or another passenger should call 911.
2. Report the accident.
Accidents can result from various reasons, including a distracted driver, malfunction of the vehicle, another driver and/ or a pedestrian on the road, etc. Therefore, following any type of vehicular accident, report the accident to help you get fair compensation.
3. Gather pertinent documents.
After contacting the emergency services, it is advised to gather evidence at the scene by taking photographs. The police will also help you gather evidence of your accident.
4. Find witnesses.
If you’re healthy enough, you should try to get the names along with the contact information of your possible witnesses. These include other passengers on board, the driver, and anyone who may have been a witness to the incident.
5. Write your own report.
As details of the incident are still fresh in your mind, it is the perfect time to write up your own report. Be as specific as you can on details, including the road and weather conditions.
In addition to increasing your chances of winning, you need to collect as much information as possible, especially while it is still clear in your mind and those of any potential witnesses. This is because memories tend to fade with time.
However, seeking medical attention before anything else is of the most importance. Furthermore, some injuries, such as ones involving your back, spine, and brain, develop over time. You should not forget to get medical help and keep any documentation to aid you in making a valid claim and receiving the full compensation you deserve.
To file and win a lawsuit, you will be required to provide all the above information. If you are looking for the right bus accident lawyer in Philadelphia, contact Ethen Ostroff. As your trusted lawyer, Ethen and his team will provide you with sound legal advice and help make your claim stronger.
Factors impacting your bus crash settlement
There is no average bus accident settlement because every case has different specifics that will determine your damages. Likewise, the size of your bus accident settlement will be influenced by three primary factors, namely:
- The party liable for your injuries.
- What their insurance policy is like
- The severity of your injuries.
You’ll want to have clear answers to these questions before applying for pre-settlement funding for a bus accident lawsuit.
1. Establishing liability.
Bus crashes are chaotic, and injuries can be a result of the actions of the driver or other drivers and passengers. To collect damages for your injuries, you need to identify and prove which parties involved in the accident were at-fault or liable. Establishing liability is necessary to file a claim against the responsible party and collect compensation for the injuries.
2. Understanding the insurance policy.
The amount of compensation you will receive depends on the responsible party’s insurance and the number of victims. Bus companies typically have large policies, which means the injured party has an opportunity to receive a bigger compensation.
On the other hand, individual drivers tend to have much smaller policies. In the case of multiple victims, the total compensation that each victim receives can’t exceed the responsible party’s policy limits.
3. Proving damages and injuries.
The scope of your injuries and damages from the accident determines the amount of compensation that you can claim. In general, the more severe your injuries, the more you can claim from the responsible party and the more you can receive for your bus accident lawsuit legal funding.
Compensation for pain and suffering compensation
You may be able to file a bus accident lawsuit against the bus company, driver, bus owner, and/or any other at-fault drivers for the pain and suffering you suffered as a result of the crash. This would also allow you to recover compensation on top of the medical expenses and lost wages you claim.
With the help of expert witnesses and supporting documentary evidence, damages for the following can be recovered in a pain and suffering claim:
- Embarrassment, humiliation, or mortification.
- Physical pain and suffering.
- Mental anguish.
- Fright and shock.
- Shame, mental pain, and anxiety.
If you have been injured in a bus crash and want to get a consultation, contact Ethen Ostroff today. He will provide you with the best references that can help you win your bus accident lawsuit effectively. Contact Ethen Ostroff Law today to discuss your options under Pennsylvania personal injury laws.
