Unlike other form of auto accidents, the procedure for a bus accident lawsuit is quite unique. Bus transportation is still safer than cars and motorcycles but that does not mean bus accidents is at zero, dozens still get injured from bus related accidents every year. Buses are not an exception to the accidents that can occur involving automobiles regardless of the magnitude.
Ironically, there are added risks that relate to bus accidents despite the relative safety it is known for. This is due to the nature of bus travel and the build of most buses. Buses have a higher risk of tip over much more than cars. The absence of state of the art safety restraint features (airbags and seatbelts) makes the buses less safe in comparison with cars. In reality, the chances of a bus related accidents are comparatively lower than other road transportation mediums, but when the accident eventually occurs it can be more fatal.
Crucial Issues in Bus Accidents Injury Claims
In other accident or injury claim cases, the negotiation process is quite easy and straightforward. When it boils down to bus accident claims, the situation is always not so simple. Usually, such accidents often involve another driver. When you find yourself in such situation, you will have to file for compensation with the driver’s insurer. You will be asking for medical expenses, lost wages and this will end up in an injury settlement.
The issue becomes tricky when the bus driver is on the other side of the law with the accident. The complication is as due to the ownership of most buses by the government entities like districts, schools, and public transportation outfits. Relying on statistics, school buses have a 37% chances of being involved in a bus accident. As you may already know, filing an injury claim against the government is often complex than personal injury claims.
In any case, you are denied settlement by the bus insurer, you are left with a choice of filing an injury claim against the government entity that owns the bus. This has to be done within a relatively short period of time.
How to File a Notice of Claim with the Government Entity
The procedural rules to be followed in determined by the state you reside, or the municipality. However, the claim must be made against the government body or a person or an entity related to it. The description, time and address of the accident must also be explicitly stated with the name and address of who is filing the claims. Most importantly, there are time limits for the filing of claims in every state. Ensure you are aware of this by contacting a bus accident lawyer.
Determining Faults in Bus Accident Cases
The determination of the role of the party can only be arrived at with a proper investigation of the circumstances surrounding the accident. The potential factors that can lead to bus accident such as the level of stress of the bus; the level of training of the driver; cases of DUI; overloaded buses; and or the mechanical health of the bus.
Having said all this, in any injury situation, ensure you get the needed medical attention first and with the medical records and other bills, you can file for an injury claim.