Bus Accident Lawyer

Bus Accident Lawyer

Many types of buses help people get to their destinations nationwide. Passengers rely on bus divers daily. Unfortunately, this trust can sometimes backfire. A simple mistake can cost someone their life or lead to lifelong impairment. While buses are large, they are not immune from being in collisions. Bus passengers and vehicle occupants can be in crashes and suffer the consequences.

If you are in a bus accident in Austin, Texas, you have the right to seek compensation for your losses. These claims are very complex. They can involve government agencies, multiple insurance companies, and complicated liability. Our bus accident lawyer at TK Injury Lawyers can work through these issues to get you the compensation you deserve.

Bus accidents by the numbers

You might assume that bus accidents are a rare occurrence. The statistics on bus accidents would show otherwise. Nationwide statistics show:

1. Over 700 million passengers ride buses annually
2. Nearly 24,000 people suffer injuries in bus accidents annually
3. There are 30,000 buses on roadways in the United States
4. There are 450,000 school busses in operation daily
5. 11 children die in bus accidents annually
6. 12,000 children suffer injuries on school busses annually

These numbers show how dangerous buses are. While they are a popular mode of transportation, they also lead to severe injuries and death. Do not assume that their size protects you from injury during a collision.

What is the difference between bus and car accidents?

While there are many similarities between bus and car accidents, there are palpable differences. The most noticeable difference is the size difference between cars and buses. Buses weigh about 50,000 pounds. In contrast, passenger vehicles can weigh about 3 000 pounds. Buses can easily total a passenger vehicle just based on size. If it can do that to a car, imagine the damage it can do to the human body.

Another difference is the safety features of each vehicle. Passenger vehicles have seat belts for safety. In many places, it is illegal not to wear your seatbelt. However, buses do not have seatbelts. If a collision occurs, the lack of seatbelts can lead to bus passengers being strewn about. They will suffer injuries from striking parts of the bus or items that other passengers have.

Another substantial difference is determining liability. For car accidents, the drivers are responsible for their roles in contributing to or causing the accident. However, for bus accidents, liability is more complex. The state, bus driver, bus company, and others can be liable for the collision. Private bus companies like Greyhound or Amtrak are required to carry multi-million dollar policies. They will likely offer the lowest payment possible if they are willing to settle.

Types of buses

As we mentioned, there are different types of buses you can encounter. Each will have its specific challenges. Not every bus is the same, and neither is the recovery process. The most common business you can encounter include:

1. School buses: the big yellow buses you see every day transporting children. Drivers have a duty to drive safely around these buses as they transport children. The bus driver, school, and others can be liable for collisions. If a child is injured, the parent can sue on their behalf.
2. Transit buses: These buses are similar to school buses. However, the passengers are different. Passengers often include adults getting from place to place. Many working professionals and college students use transit buses. They will work on the bus. This is important because if these buses crash, stray items can go flying, causing injuries. If they are public transport buses, they might fall under a unique set of laws and regulations.
3. Intercity buses: These buses have a regular, fixed, and specific route. They, therefore, fall under common carrier laws. That means they must exercise the highest degree of care towards customers. Passengers must speak to a bus accident lawyer to determine their rights and next steps.
4. Tour buses: Traveling far distances for field trips, concerts, and group events. Tour buses can go anywhere at any time. This is dangerous as there is no telling when you will run into one. A tour bus accident is very complex.

When you think of bus accidents, you assume they all have the same regulations and processes for collisions. Now that you know the different types of buses and their complexities, you must speak with a bus accident lawyer near you. TK Injury Lawyers is well-versed in bus accidents.

What causes bus accidents?

Bus drivers have a responsibility to keep everyone safe. When they are negligent, it can lead to severe injuries and death for passengers and others. Causes of bus accidents include:

1. Fatigue: bus drivers tend to drive long hours without appropriate rest breaks. That can lead to fatigue and slower reaction times. Fatigued driving is often compared to intoxicated driving because the consequences are similar. Attention is decreased, and drivers cannot react to hazards appropriately. Drowsy drivers will veer into oncoming traffic or fail to stop when necessary.
2. Distractions: taking your eyes off the road for five seconds can mean traveling miles without looking. One second is all it takes for a collision to occur. It is more significant for buses and trucks.
3. Diver error: bus drivers must have extensive training. They have hundreds or thousands of lives in their hands daily. When they commit a mistake, it has devastating consequences. Driver errors can be as simple as getting too close to the sidewalk or the driver failing to brake at a stop light. Inadequate training and lack of experience are significant issues in driver error accidents.
4. Aggressive driving: bus drivers work on schedules, and if problems arise, they can be inclined to speed or commit reckless actions. Falling behind schedule at one stop can impact the rest of the route. Aggressive driving is dangerous and puts people’s lives at risk.
5. Intocciaton: drinking and driving is illegal and dangerous. It impairs judgment, clouds reasoning, and affects coordination. Bus drivers are operating large vehicles, and they must always be alert. When they fail to stay sober, people can die.
6. Mechanical failure: bus companies are responsible for keeping the bus in working order. This requires regular maintenance and inspections. Without maintaining the vehicle, it can lead to bad brakes, engine failure, balding tires, etc. Other times it can be a manufacturing error to blame for a mechanical failure.

These causes are essential to your injury claim. The cause of the accident will also determine which insurance policy to use to seek compensation for your losses. Discuss your crash with a bus accident lawyer from TK Injury Lawyers today.

Common injuries in bus accidents

When a collision happens, everyone is susceptible to injuries. Lack of safety equipment can contribute to the severity of the injuries. So does the size and cause of the vehicles involved. Buses are also at high risk for rollovers. They can cause another car to roll over or themselves. These are harrowing accidents that can lead to severe injuries and losses. Some common bus accident injuries include:

1. Lacerations
2. Amputation
3. Spinal cord trauma
4. Broken or dislocated bones
5. Back and neck strains
6. Whiplash
7. Traumatic brain injury
8. Wrongful death

Many of these injuries require extensive medical treatment. Some have a recovery path, while others have none. Permanent injuries will mean that the person can only be comfortable in their condition but will not heal from it. That also leads to psychological trauma. Our bus accident lawyer will consider how your injuries impact your entire life, not just your physical condition.

Steps to file a local bus accident claim

You might assume the bus accident claim process is straightforward, but that is rarely the case. The steps for filing a claim will depend on the type of bus and its owner. Privately owned-and government-owned buses will have different hurdles. There are also time constraints for filing bus accident claims.

The filing period is six months from the incident date for Public Transit (buses owned by government agencies). Typically The government will investigate the claim and attempt to settle it out of court. You lose your right to pursue legal recourse if you miss any deadlines. When you file a claim, you will need the name of the liable parties, a detailed description of the collision, and information about the person filing.

Once you have the appropriate information, some of the steps you might take for a bus accident claim include the following:

1. Contacting the bus company insurance adjuster
2. Completing documentation for the insurance company
3. Working with medical providers
4. Calculating your losses
5. Filing a demand
6. Negotiation with the insurance company
7. Reaching a settlement

Sometimes you cannot resolve the case with the insurance company. That means you must file a lawsuit and begin litigation procedures. This will require the experience of a bus accident lawyer. Depending on your case, TK Injury Lawyers can help you file an insurance claim or lawsuit.

Liability for bus accidents

One of the most significant differences between bus accident cases and car accidents is liability. Establishing liability is contentious and tricky. The bus company knows these complexities and will use them to their advantage. Often multiple parties are responsible for a bus accident. Each of these parties will have a different insurer. Dealing with various insurance companies is contentious. They are pointing the finger at each other to reduce their liability.

If another person, like a driver, rams into the bus, they are obviously responsible. However, when it is the bus’s fault, that can complicate matters. Some of the potentially responsible parties include:

1. Bus driver: All drivers must have special training and licensing before they operate a bus. If the driver makes an error like falling asleep or driving under the influence, they are responsible for the collision. Their insurance policy will pay for your losses if you win a claim.
2. Bus company: The bus owner is responsible for various aspects of the bus. They must perform maintenance and ensure safe operation. They are also responsible for conducting background checks on bus drivers and ensuring they have the appropriate credentials. Negligent hiring can cause bus accidents.
3. Tour company: If it is a tour bus, the tour company is responsible for vetting the bus company they work with. They will also answer for the actions of the drivers they hire. When collisions happen, their insurance policy is liable.
4. Bus manufacturer: Several manufacturers are responsible for buses of different sizes and uses. If a design or manufacturing error is responsible for the collision, then these third parties are liable.
5. Local municipalities: The government is not only responsible for public transportation buses but also for road maintenance. If a pothole or malfunctioning traffic light contributes to a collision, the local municipality is liable.

Establishing liability is only the beginning. Once we determine who is responsible, we must review their insurance policies. Here we will find their limits and provisions that can impact your claim. Our bus accident lawyer will work tirelessly to find the liable party and file your claim.

Damages we can help you recover

Our bus accident lawyer will review your case to determine merit and value. The more losses you suffer, the more significant settlement you will require. Your injuries will be a substantial factor in determining your losses. However, other factors will also contribute to case worth. Some of the payment we can seek for you include:

1. Medical expenses: any immediate, ongoing, and future medical expenses you will incur from your injuries. These costs are vital to the damages you can recover. These damages can be in the thousands or millions, depending on the injury.
2. Lost wages: wages and benefits you lose from missing work or quitting. You did not suffer these losses because you wanted to but because you had to.
3. Pain and suffering: any physical pain and emotional turmoil you suffer from the bus crash.
4. Lost earning capacity: when injuries require you to work at a lower ability or retire completely, they must be recovered. Even taking a lower-paying job is significant for your bus accident claim.
5. Property damage: repairs to your vehicle, replacing personal effects, and other property losses.
6. Wrongful death: if your loved one dies, the surviving family can request wrongful death damages. This can include funeral and burial costs, loss of services, etc.

It is vital to have an accurate calculation. Damages are assessed considering individual factors. Your bus accident lawyer will review your circumstances before negotiating with the insurance company. When you accept an offer, you cannot return later and ask for more.

Protecting your bus accident claim

It is essential to do what you can to protect your injury claim. The bus company has the resources to follow you in person and online. They will also try to trick you into admitting fault. The best way to protect your bus accident claim is to speak with a bus accident attorney. Other things you can do to protect your claim include:

1. Not talking to the insurance adjuster without your lawyer present
2. Stay off social media
3. Do not admit fault. This can include saying sorry to anyone involved
4. Follow the doctor’s instructions and go to every follow-up appointment
5. Keep track of your losses and expenses

These actions will help your claim. When you meet with TK Injury Lawyers, we will discuss other ways to protect yourself during a bus accident claim.

Proving your bus accident claim

When you file a bus accident claim, you must prove you suffered harm due to someone’s negligence. It sounds easy, but it rarely is. The process for establishing your bus claim will require an investigation and evidence. Your bus accident lawyer will handle evidence collection and the claims process. Some of the evidence that can help build your case and get you the compensation you deserve includes:

1. Witness statements
2. Police reports
3. Surveillance footage
4. Pictures from the accident scene
5. Traffic camera footage
6. Medical documents outlining your injuries
7. Bus travel records
8. Black box data from the bus

This evidence is best collected immediately following the accident. Evidence can be lost or disposed of when first responders clear the scene. The faster TK Injury Lawyers can gather evidence, the better we can prepare your case. Call us at (512) 582-2398 to schedule an initial consultation.

Why Choose TK Injury Lawyers?

We have experience and dedication that helps our clients get favorable outcomes for their injuries and losses. We value our clients and work to understand their situation. Our bus accident lawyers have 70 years of combined experience helping local clients suffering personal injuries. TK Injury Lawyers has won over 75 million dollars for clients.

Another benefit of working with Tk Injury Lawyers is that we will work directly with you. We will not push you to our paralegal, legal assistants, or support staff. These members are here to help with your case, not take over. We also have no fees unless we win due to working on a contingency fee basis.

Contact our bus accident lawyer today

If you were in a bus accident and suffered an injury, you need legal advice immediately. TK Injury Lawyers can help you during this challenging time. We work on contingency fees and offer free initial consultations. When you need a bus accident lawyer, fill out our contact form or call (512) 582-2398 to schedule a consultation today.