Injuries sustained in a bus accident can be severe. They may affect how you care for yourself, your employment status and income, and your overall quality of life. If you or a loved one has been hurt in a bus accident, do not attempt to negotiate a settlement on your own.
To ensure you receive the compensation you need for your future, secure legal representation with a Loganville bus accident lawyer from John Foy & Associates.
The Negligence Factor
To collect a settlement, you must first file a personal injury claim against the party or parties responsible for your injuries. Determining who is responsible for your injuries after a bus accident is a tricky process, and if you file against the wrong party, you are not likely to receive a settlement. A bus accident lawyer in Loganville knows how to investigate your situation to determine culpability and will collect the evidence needed to prove it.
Determining Negligence
There are a variety of parties whose negligence may have caused the accident leading to your injuries. Among others, these parties may include:
- Bus Companies: The Federal Motor Carrier Safety Administration (FMCSA) documents regulations bus companies must follow to ensure passenger safety. The rules address bus maintenance, inspection, and repair as well as hiring and hours-of-operation protocols.
- Vehicle or Part Manufacturers and Installers: To operate safely, buses must be constructed properly with all parts installed and functioning correctly.
- Drivers: Bus drivers must have required licensing, follow the rules of the road, and avoid all unsafe driving behaviors such as driving while high or texting and driving.
- Entities Responsible for Road Safety: Damaged roads, poor lighting, or missing or broken traffic signals can cause accidents. Government entities, ranging from local to federal departments, are responsible for keeping roads safe for travel.
- Other Drivers: All drivers are required to follow traffic laws and refrain from driving recklessly.
Additional Requirements for School Buses
School districts must follow FMCSA regulations, with some exceptions, as well as additional requirements documented in the Rules and Regulations for the State of Georgia.
Coming to a determination of fault on your own is extremely challenging. It is hard to know where to look or how to access information to support your claim. Trust this important and time-consuming investigation to your Loganville bus accident attorney from John Foy & Associates. Your experienced lawyer will execute a thorough investigation to bring you answers.
Proving Negligence
Once at-fault parties are identified, your lawyer will build a case to prove those parties are indeed negligent. To accomplish this, you must show:
- The at-fault party owed you a duty of care, meaning they owed it to you to take action to keep you safe or avoid actions that would compromise your safety.
- The at-fault party did not fulfill the duty of care. Whether because of poor installation of a vehicle part, non-working traffic signals, driving recklessly, or other circumstances that could have been avoided, the at-fault party’s action or lack of action put you in danger.
- The at-fault party’s breach of duty caused your injuries.
- The injuries you sustained left you with quantifiable losses.
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Special Considerations for Government-Run Bus Systems
Accidents involving government-run buses, such as those in the public transportation system or used by school districts, bring additional complications to your case. Lawsuits against government entities involve special considerations and proceedings not included in cases against private bus companies. It is essential to have someone with legal expertise handle these cases, as an incorrect filing could put your chances of receiving a settlement at risk.
How Fault Laws Factor into Your Settlement
Georgia, a fault state, follows a modified comparative fault system. The party at fault for an accident owes the victim compensation. However, the amount of compensation can be reduced, even significantly so, if the victim holds some fault for the event.
Compensation is reduced according to the plaintiff’s level of fault. For example, a plaintiff found to hold 35% of the fault will have the amount of their calculated compensation reduced by 35%. Victims declared more than 49% at fault for the accident receive no compensation at all.
Actions to Take Following a Bus Accident in Loganville
After an accident, your priority is safety. If you can move without causing further injury, get to an area of safety. If you have experienced trauma to your head, neck, spine, or possibly to your internal organs through impact to your abdominal area, wait for emergency services to move you to safety.
If you do not need immediate hospital care, you should still seek prompt medical attention. The effects of some injuries take time to appear or may be masked by adrenaline or shock. Delaying care can cause further damage, not just affecting your physical condition, but also your case.
If it is possible and safe for you to do so, take photos or video of the accident scene, roadway conditions, and your injuries after the accident and collect contact information from witnesses. Then, be certain to contact a bus accident attorney in Loganville.
A High Settlement Is Your Loganville Bus Accident Lawyer’s Goal
Your lawyer will advocate for you unequivocally from the start of your case until you receive a settlement. You can trust your lawyer to collect relevant, solid evidence and manage settlement negotiations with legal expertise and authority. At-fault parties want to protect their own interests and will do what they can to inflate your level of fault or deny their own culpability.
Your lawyer will not be bullied into accepting unreasonable and inadequate offers.
If the at-fault parties do not make an acceptable offer out of court, your lawyer will inform of you your options and represent you at trial proceedings should you take your case to court.
Make an Appointment for a Consultation Today
Scheduling a consultation is simple and comes with no risk to you. Your lawyer will review your case for free and will not accept payment until you have received a settlement. To consult with an expert, compassionate Loganville bus accident lawyer, click on the John Foy & Associates contact page and call or send an electronic request. We are ready to help you get the settlement you deserve.
404-400-4000 or complete a Free Case Evaluation form