How to File a Bus Accident Claim?

Steven A. Bagen | September 26, 2024 | Bus Accidents

Learning how to file a bus accident claim isn’t complicated. However, actually doing it requires the help of an experienced bus accident lawyer. The legal process is very complex. It can be overwhelming for someone without a legal background. But a Gainesville bus accident attorney will handle all of the legal complications and work to help you obtain every dollar you deserve.

 

Common Types of Bus Accident Claims

Research indicates that about 15,000 bus accidents occur yearly in the US, and in 2022, they caused more than 13,000 injuries. These accidents come in various forms, with unique circumstances and potential causes. Public transportation buses, school buses, and private charter buses are the most common types of buses involved. Here’s some brief information on factors that contribute to these accidents.

• Accidents involving public transportation buses, often operated by city or regional transit authorities, typically occur due to dense urban traffic, frequent stops, and the high volume of passengers. 

• While less frequent, school bus accidents are particularly concerning due to the presence of children. These accidents can result from driver negligence, inadequate training, or poor maintenance. 

• Private charter bus accidents can occur during long-distance travel, often due to driver fatigue, mechanical issues, or road hazards.

Driver negligence is usually a primary cause of bus accidents. Examples of negligence include distracted driving, speeding, reckless driving, and driving under the influence of alcohol or drugs. Mechanical failure is another significant cause, often resulting from poor maintenance, defective parts, or lack of regular inspections. Poor road conditions, such as potholes, inadequate signage, and inclement weather, also play a role in causing bus accidents.

A bus accident lawyer will investigate to determine who caused the accident. Doing so is essential in building a strong claim.

Gathering and Preserving Evidence

Any attorney will know how to file a bus accident claim. However, a lawyer who knows how to investigate the accident will significantly enhance your chances for success.

Gathering and preserving evidence is fundamental in filing a bus accident claim. The types of evidence needed include medical records, accident reports, and witness statements. The following is a quick look at why all of them are essential to your case.

• Medical records document the extent of your injuries, treatments, and any long-term medical care you may require. These records prove the accident’s impact on your health and well-being. 

• Accident reports, typically filed by the police, bus company, or both, provide an official account of the incident, including details about the parties involved, the circumstances of the accident, and any citations issued. 

• Witness statements offer additional perspectives on the accident, helping to corroborate your account and establish liability.

A lawyer can obtain and review medical records, ensuring that all relevant information is included. They can also request and analyze accident reports, identifying key details that support your claim. In addition, a lawyer can locate and interview witnesses, securing their statements and, if necessary, their testimony in court. By leveraging their knowledge and resources, your bus accident attorney will work to collect and preserve all critical evidence.

Why Evidence Preservation is Essential

Preserving evidence is equally important as gathering it. Doing so involves keeping all physical evidence in its original condition, such as damaged personal belongings or photographs of the accident scene. It also means maintaining copies of all documents, including medical records and correspondence with insurance companies.

A bus accident lawyer will properly preserve evidence and ensure nothing is lost or overlooked. By carefully collecting and preserving evidence, your attorney will strengthen your case and increase your chances of achieving justice.

How Your Attorney Can Help With Filing the Claim

There are several steps involved if you want to file a bus accident claim. A skilled attorney will guide you and keep you informed through all of them. These steps include the following:

Notifications

The first step is to notify the relevant parties, including the bus company and insurance providers, about the accident. Your bus accident lawyer will handle notifications promptly to ensure the defendants and their insurers recognize your claim in a timely manner. Your attorney will submit this notification, including all necessary information.

Documentation

Next, your lawyer will submit various forms and documentation to support your claim. These include medical records, accident reports, and evidence of financial losses, such as medical bills and lost earnings. Your attorney will assist in gathering and organizing these documents, ensuring that everything is accurately completed and submitted on time. They’ll also help you fill out any required forms, such as insurance claim forms or legal documents, to ensure all information is correct and complete.

Dealing With Insurers

Insurance companies do all they can to deny injury victims fair compensation. The adjuster assigned to your case will likely use various tactics to undervalue or deny your claim.

However, a skilled bus accident attorney will counter those tactics. Your attorney will handle all communications with the insurance companies, negotiating on your behalf to secure a fair settlement. They’ll present the evidence and arguments needed to demonstrate the full extent of your injuries and losses, fighting any attempts by the insurance company to reduce your compensation.

Going to Court if Necessary

In some situations, filing a lawsuit after a bus accident may be necessary. If the insurance company offers an insufficient settlement or denies your claim, pursuing legal action might be the best option to obtain the compensation you deserve.

Your attorney will evaluate your case, considering the strength of the evidence and the likelihood of success in court. They’ll advise you on whether filing a lawsuit is the best option and what to expect from the legal process.

Understandably, you’d want to know how the court process works if your case goes to trial. Here are some of the steps associated with that process.

• First, your attorney will file a complaint with the court, outlining the details of the accident, the injuries sustained, and the compensation you seek. This complaint initiates the legal proceedings and formally notifies the defendants of the lawsuit. 

• Next, both parties will engage in the discovery process, exchanging information and evidence relevant to the case. The process may include depositions, interrogatories, and requests for documents. Your attorney will guide you through this process, ensuring all necessary information is obtained and presented.

• The potential outcomes of a lawsuit can vary. Sometimes, the parties may settle before the case goes to trial, saving time and legal expenses. If your attorney and the insurer can’t agree, the case will proceed to trial, where a judge or jury will determine the outcome. 

Can You File a Lawsuit Against a Government Agency?

If a government agency owns the bus involved in the accident, you may have the option to file a lawsuit against it. However, this process can be more complex than filing a claim against a private entity due to specific legal requirements and limitations.

Government entities often have sovereign immunity, which protects them from certain types of lawsuits. However, there are exceptions to this immunity, particularly in cases of negligence.

To file a lawsuit against a government agency, you must determine whether you have grounds to sue. This typically involves proving that the government entity or its employees were negligent and that this negligence directly caused the accident and your injuries. Your bus accident attorney will help you gather the necessary evidence and build a solid case to support your claim. They’ll also advise you on the specific legal requirements and deadlines for filing a claim against a government agency.

Differences Between Suing the Government and Suing a Person or Company

One key difference in filing a claim against a government entity is the requirement to submit a notice of claim before filing a lawsuit. Your bus accident lawyer must file this notice within a specific timeframe, often much shorter than the deadlines for filing claims against private entities. The notice of claim must include detailed information about the accident, your injuries, and the compensation you seek. Your attorney will ensure this notice is completed correctly and submitted on time, complying with all legal requirements.

Filing a lawsuit against a government agency can be challenging, but you can obtain compensation for your injuries and losses with the right legal representation. Your attorney will handle all the complexities and present the most compelling case possible.

How Skilled Attorneys Overcome Challenges in Filing a Bus Accident Claim

Filing a bus accident claim can involve several potential challenges that may complicate the process. Here are a few of those challenges and information on how your attorney will overcome them.

Delays

One common challenge is a delay in obtaining reports, such as accident reports or medical records. These delays can hinder your ability to gather evidence and build a strong case. However, if you hire a bus accident lawyer immediately, you won’t have to worry about delays hurting your chances of a successful outcome. Your attorney will obtain whatever documentation you need quickly and efficiently.

Insufficient Evidence

Another challenge is the lack of evidence, which can weaken your claim and reduce the likelihood of a successful outcome. The earlier you contact a bus accident attorney, the better the chances they can get the proof to show you weren’t to blame for the wreck. But if you wait to get legal help, critical evidence can disappear. For example, weather can alter the accident scene, and witnesses’ memories may become hazy. Some witnesses may decide they don’t want to get involved. An attorney’s skills and resources can significantly improve your ability to gather and present compelling evidence.

Insurance Company Obstacles

Again, the at-fault party’s insurance company will do everything possible to avoid paying your claim. Like all businesses, insurers strive to make the largest profit possible. If they have to pay you, that cuts into their profit margin. Bus accidents typically lead to severe injuries, and treating these injuries costs a lot of money. Your case will have high stakes, so the insurer will be motivated to defeat you.

However, an experienced Gainesville personal injury lawyer won’t be intimidated by an insurer. They’ll stand up for your rights, showing hard evidence that you deserve every dollar you demand. Skilled attorneys know how to make a convincing argument and won’t back down.

Impatience

We can’t overstate the importance of patience and persistence in the claims process. Bus accident claims can be complex and time-consuming, requiring careful attention to detail and a thorough understanding of legal procedures. Unfortunately, some accident victims accept inadequate settlement offers. They panic because they can’t work or pay their bills.

A seasoned bus accident attorney will know precisely how much you deserve. They’ll also have the facts to back up that demand. Your attorney will never let you settle for anything less than a fair settlement.

A Skilled Bus Accident Lawyer is Standing By 

Please don’t try to file a bus accident claim without experienced legal help. Contact a bus accident lawyer immediately so they can work to help you obtain maximum compensation.