People usually get injured in a bus accident and they will be left with various expenses. Bus accident lawsuit helps the injured party to get compensation to meet expenses from the accident. Accidents are usually caused by driver’s negligence and they may not be the only party responsible for the loss as the vehicle may be owned by an individual, school or a company.
People Responsible for Causing the Accident
The parties responsible for these accidents are identified based on the type and cause of the accident. The party responsible for the accident is called the ‘defendant’ and the injured party is called the ‘plaintiff’.
Defendants may include parties such as tour bus operator, charter bus operator, bus owner, bus part manufacturer, bus driver, bus stop property owner, school bus operator, bus maintenance company, state agency, bus driver supervisor and bus manufacturer.
When multiple parties are involved in an accident, responsibility will be shared among the parties. Sometimes, plaintiff may also share the responsibility for the fault, but the “comparative state” law makes sure that the injured party is compensated for the loss caused. However, compensation may be reduced on the basis of plaintiff’s share in the fault.
Most bus accidents involve negligence and the plaintiff would stand a chance to use this negligence to claim damages for the injuries caused. Elements of negligence include
- Duty of care which is owed to the plaintiff by the defendant
- Breaching the duty of care by the defendant
- The defendant’s breach was the deciding factor in causing injury to the plaintiff.
Compensation available in a bus accident lawsuit
Money may not help individual or family members to recover from the impact of an accident. But, compensation is provided to meet monetary damages. The plaintiff also may stand a chance to ask for punitive damages to punish the defendant.
Damages are of two type, economic and non-economic. Compensatory damages in a bus accident may include vehicle repair, in-home care, lost income, physical therapy, future lost earnings, loss of employment, pain and suffering, emotional pain, medications and medical supplies, court costs and fees, hospital bills, emergency room treatment, loss of enjoyment and loss of consortium.
Filing a Case When Injured at a Bus Stop
People may feel unlucky to get injured at a bus stop, but the injured party can definitely file a case against the party who caused the accident. The affected party can prove the defendant’s negligence by showing evidence for speeding, breaking traffic rules and running a red light. the plaintiff may also file case against the government agency for building the bus stop on dangerous location.