Bus accidents often raise legal questions. Passengers may not immediately know their rights or understand who may be liable for the accident.
Below, the experienced personal injury team at Ostroff Godshall Injury and Accident Lawyers discuss everything you need to know about bus accident injury claims so you can seek compensation for your damages.
How Public and Private Bus Accident Claims Differ in Pennsylvania
Whether you were riding on a private or public bus will directly impact your passenger injury lawsuit or insurance settlement. Private bus accidents typically involve individual transit companies and employed drivers.
In this scenario, you may be able to file a civil claim against the liable party, depending on the circumstances and available evidence. The liable party would be held responsible for the damages up to their percentage of assigned fault, in accordance with Pennsylvania’s modified comparative negligence rule.
If you were riding a public bus, your transit accident claim becomes more complex. The defendant is likely to be a municipal transit authority or one of their government employees.
Establishing negligence in bus accidents involving government entities requires strong evidence and strict deadlines. Pennsylvania Law also sets a maximum on the damages you can seek against government defendants at $250,000, with individual defendants protected from bearing more than $1 million in total liability per incident. Given these legal requirements, consider consulting an attorney to discuss your options.
Pennsylvania’s Statute of Limitations on Filing Your Personal Injury Lawsuit
Pennsylvania’s deadline for filing personal injury lawsuits, including bus accident injury claims, is two years. If you’re filing a claim against a government entity, you must send in your notification in writing within six months of the date of your injury.
Establishing Negligence in a Bus Wreck Case
Multiple parties may be held accountable for bus accidents, making it quite challenging to establish liability. For example, the private or government-employed bus driver may be liable, as could other drivers on the road, if another vehicle caused the accident. Common examples of driver negligence in bus accident injury claims include:
- Discharging passengers too early
- Driving before passengers are seated
- Failing to check the large blind spots before merging
- Driving under the influence
- Reckless driving
Beyond this, the vehicle owner or transportation company could be held responsible for an accident if they failed to comply with applicable safety regulations or hired unqualified drivers. Vehicle manufacturers may also be liable for bus accidents if faulty parts or improper repairs caused the accident. To establish negligence, your attorney will need to prove that the liable party owed a duty of care, breached that duty of care, caused the accident, and directly caused your injuries.
Types of Bus Crash Compensation Available
Depending on your case details, you may be able to pursue various forms of compensation when negotiating your insurance settlement or lawsuit demands. Common types of economic and non-economic damages for bus crashes include the following:
- Past, present, and future medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
- Loss of quality of life
- Personal care and rehabilitation costs
- Punitive damages
Punitive damages are reserved for cases that involve highly reckless defendants. This form of compensation punishes the defendant for their gross misconduct. Non-economic damages, such as pain and suffering, are typically only reserved for lawsuits.
Protect Your Rights and Seek Compensation Today
Do you need to open a bus accident injury claim? At Ostroff Godshall Injury and Accident Lawyers, we have ample experience representing injured passengers in civil and government claims. We can help you understand your legal options.
To learn more about your rights after a bus accident, request a free case evaluation by calling (855) 375-6110.
Frequently Asked Questions (FAQ):
Q: What should I do immediately after a bus accident?
A: Seek medical attention, report the accident, gather evidence, and consult with an attorney to discuss your bus accident injury claim and legal options.
Q: How do public and private bus accident claims differ?
A: Public bus accident claims involve government entities and have stricter deadlines and damage caps, while private bus claims typically involve individual transit companies.
Q: What types of compensation can I seek in a bus accident injury claim?
A: You may be able to pursue compensation for medical expenses, lost wages, pain and suffering, and other damages, depending on the specifics of your case.
