Public transportation is a convenient way to get around. However, the unexpected can occur, and you may find yourself in a bus wreck. When this happens, it is vital to understand your rights and legal options for seeking compensation.
A Merrillville bus accident lawyer could investigate the circumstances of the incident, gather evidence, and represent you in court. In cases where a settlement cannot be reached, a committed personal injury attorney could stand by you in litigation proceedings.
Types of Bus Accidents
Not all common carrier crashes are the same, and the circumstances of each incident are crucial in determining liability. Important factors include the type of transportation, whether it is public or private, and the number of passengers on board.
School Buses
School bus collisions involving children can be devastating. A skilled lawyer could review eyewitness testimony, expert analysis, and driver logs to build a case for liability. If the driver was negligent or reckless, they may be held responsible.
A school bus driver might participate in wrongful conduct through distracted driving, driving under the influence, or speeding. In these cases, the entity, such as the school district or contractor operating the bus, may also be brought into the suit if they hired unqualified drivers or provided inadequate training.
If the accident was caused by a defect in the vehicle, such as worn tires or faulty brakes, the manufacturer of the school bus may be held liable. In addition, a government entity may be named if it did not properly maintain the road or post adequate traffic signage.
Public Transportation
Public transit buses are common carriers and have the highest duty of care owed to passengers. A bus crash lawyer in Merrillville could review police reports, surveillance footage, and witness statements when assessing a case.
Liable parties may include the bus transit agency, the operator, or other drivers on the road. Some of the most common causes of a public transit wreck include:
- Traffic violations
- Negligent driving
- Improper maintenance
- Inadequate training procedures
No matter the type of accident, our public transit wreck attorneys have extensive experience handling the nuances of automobile cases.
The Statute of Limitations
The statute of limitations is a designated time frame when a harmed party may bring a lawsuit. The statute’s purpose is to promote fairness and speed in the system by preventing parties from delaying legal action indefinitely.
Under Indiana Code § 34-11-2-4, an injured person has two years from the date of a public transit collision to file a claim. If the individual fails to bring the suit within this time, they will most likely be unable to receive compensation. However, if a governmental entity or quasi-governmental entity (like a bus company) has to be sued, the time to give notice of a claim may be much shorter, and often as soon as 180 days from the incident.
Regardless of the window of time given to file, it is essential to take legal action as soon as possible. Collecting evidence, such as surveillance tapes and witness testimony, can become more complex as time passes and information is lost.
Recovering Damages After a Bus Crash
A lawsuit for a common carrier collision is meant to compensate the individual who has suffered an injury due to a third party’s negligence, reckless conduct, or intentional actions.
The type of compensation is determined by the circumstances surrounding the case and the harm sustained. Typical forms of damages in bus accidents can include the following:
- Lost income and future earnings
- Medical expenses
- Pain and suffering
- Loss of consortium
- Punitive damages
A steadfast bus injury lawyer in Merrillville could assist with obtaining compensation for physical injuries, economic losses, and emotional suffering.
Loss of Consortium
A loss of consortium is a type of damage award that compensates a spouse for losing support, companionship, and affection due to the injury or death of a loved one. This concept recognizes that when an individual is injured due to the negligence or intentional conduct of another, their family also suffers significant losses beyond monetary damages.
Reach Out to an Experienced Bus Accident Attorney in Merrillville Today
A Merrillville bus accident lawyer understands how to help you through this complicated legal challenge. They could ensure your rights and interests are protected and served throughout the legal process.
Please call The Law Offices of David W. Holub today to book your introductory case consultation.