![]() This can be a very complicated undertaking.Īs a result, it would be wise to consult with an attorney immediately after any bus accident. ![]() The only way to know for sure is to research the law and procedural requirements in your particular jurisdiction. In many jurisdictions, one must also allege how failing to prevent the injury was more than simple negligence, but amounted to gross negligence or falls under some other statutorily defined basis for government liability.Īgain, each state and municipality may have slightly different procedural rules for making such a claim. That the claim is being made against a public body, or an officer, agent, or employ of the public body who was acting in the course of his or her duties Ī description of the events that gave rise to the claim, as in any lawsuit, explaining why the public body is liable Generally, in lawsuits against government agencies, one must allege: Suing the GovernmentThe specific procedural rules that apply to a particular case will depend on the state where the accident occurred, and sometimes on the municipality involved. Even if all of the pre-suit procedures are followed to the letter, there is often a remaining issue of government immunity and/or special procedural requirements for filing suit against a government entity. Others have very short windows in which to make claims or lose any rights to pursue action in court. Some municipalities have complicated rules for appealing denials of insurance coverage that, if ignored, can jeopardize a later lawsuit. Thus, if the government denies one's claim, that person is left having to file a fairly complicated personal injury claim against the government entity. Filing a claim against a government entity, like the school district, is much more complicated than a typical insurance claim. In fact, school buses account for more bus fatalities each year than any other kind of bus, according to the National Highway Transportation Safety Administration. ![]() Many buses are operated by government entities, like local transportation authorities and school districts. If the bus driver is at fault, on the other hand, things are more complicated. If a third party is at fault (i.e., the bus is hit by another car), you can generally make a third-party claim with the driver’s insurer, seeking compensation for injuries like and damages like medical expenses and lost income. But, in a bus accident, the passengers likely would not have coverage to cover the accident, there may be a third party involved in the accident, and the bus company may have certain immunities from liability. In a normal car accident, the drivers' insurance usually handles much of the negotiation and claims resolution, and the process is fairly straight forward. Unique Legal IssuesBus accidents often carry with them unique legal issues one need not consider in typical auto accidents. Thus, while the chances of an accident while in a bus are lower than while in other forms of transportation, the injuries one can sustain may be far worse than in a typical automobile accident. For example, their high center of gravity makes them more prone to rollovers, most do not feature seat belts or other safety restraints, and many require passengers to hold onto their possessions, creating the risk of projectiles during an abrupt stop. Unfortunately, buses also tend to cause their own unique injuries due to the construction of these vehicles. These may include broken bones, sprains, whiplash, bruising, concussions, internal organ damage, bleeding, and even death. When it happens, who is at fault, and how does one go about seeking the financial recovery they need to help with their injuries and medical expenses?īus Accident InjuriesJust as in car accidents, bus accidents can cause a wide assortment of injuries. Nevertheless, dozens of people are injured in bus accidents every year. ![]() They also tend to be in fewer accidents than cars and motorcycles. Otherwise millions of school children would not ride buses to school everyday, millions more commuters would not use them to get to and from work, and others would not use them to take cross-country trips or go on tours. Buses are generally thought of as fairly safe forms of transportation.
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