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Car Accident
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Car Accident
HABLAMOS ESPAÑOL
(877) 880-4090In 2019, there were 70,091 trucks registered in the state of Texas. Thousands more of the 995,033 registered buses in the U.S. drive on the interstates and highways around Mesquite, picking up and delivering passengers heading to and coming from all over the country. Though buses make up a small percentage of total vehicles on the road, getting in an accident with one can have serious repercussions, potentially leading to fatalities and injuries.
Nationwide, bus crashes in 2019 led to 258 fatalities and an estimated 25,000 injuries. Most deaths and injuries happen to non-bus occupants. If you are involved in a bus accident that results in injuries, you need to know what to do and how to handle your case, so you have the best chance of recovering fair compensation.
A bus accident can be a traumatic and overwhelming experience. Your first instinct may not be the optimal choice for protecting your rights. However, when you know what to do ahead of time, you can guard against doing or saying something that the insurers or defense attorney can use against you.
It can be hard not to apologize for an accident, even if you know it wasn’t your fault. However, saying you’re sorry is as good as admitting guilt to the insurance companies and defense lawyers, regardless of your intent. Even if the liability lies firmly in the bus driver’s or company’s corner, the other side can use your apology to justify offering a lower settlement.
Likewise, do not admit any level of blame for the accident. Uncovering all the factors that led to the bus accident is the only way to assess fault accurately. A bus accident lawyer can evaluate the evidence to determine which parties are accountable for the crash. When talking to others involved in the accident, claims adjusters or police offers, it’s a good idea to stick to descriptive statements that don’t insinuate liability.
When you sustain injuries in an accident, seek medical treatment right away. If an ambulance arrives at the scene, get an on-site evaluation. The paramedics may transport you to the hospital if your injuries are serious. When they don’t, you should visit urgent care or your doctor to get a more thorough evaluation. You must get medical attention immediately for your health and safety and to preserve your case’s integrity.
If you decline assistance at the crash site or wait to seek treatment, you risk more harm. Injuries that can seem minor may turn into serious threats when left untreated. Furthermore, many internal injuries can take several weeks before you experience any symptoms. Getting treatment right away also provides documentation linking your injuries directly to the accident, giving the other side less leverage to claim that the accident did not cause your injuries.
Your insurance company may require you to submit an accident notification within a specific timeframe after the accident. You may also need to contact the bus company’s insurance provider. As a Texas resident, you may have personal injury protection included in your auto policy. If you didn’t turn down this coverage, you could submit a claim to your provider to cover your expenses. If you have PIP insurance, your company provides the benefits, no matter who is at fault.
Whether you submit a claim through your insurance company or the bus carrier’s provider, you may receive an offer for a quick settlement. These settlements usually cover only the minimum level the insurer needs to provide to meet their legal obligations. They do not pay for all the losses you are entitled to recover.
It may be difficult to resist the temptation to accept a fast payout. When you start receiving doctor’s bills or your injuries cause you to miss weeks of work, the money can seem like a boon that eases your financial stressors. However, once you accept the settlement, you have no other recourse for collecting additional compensation.
Before submitting a claim, you may want to sit with a bus accident lawyer to discuss your case. Mesquite personal injury attorneys with experience handling bus crashes can help you understand the scope of your case, calculate your losses and determine your choices for moving forward.
If you work with the attorney, the legal team handles almost every aspect of your case, including:
If your lawyer helps you with your insurance claims, and the insurance company doesn’t agree to a fair settlement, your attorney can help you file a legal claim. When your injuries are severe, you may need to file a lawsuit if the bus company’s insurance is insufficient to cover your economic losses or to pursue non-economic compensation.
Determining liability in bus accident cases is complex. There may be multiple parties responsible. Furthermore, liability may depend on who owns and operates the bus.
The Federal Motor Carrier Safety Administration regulates buses when a company operates services carrying passengers between states and between the U.S. and foreign countries. These rules establish responsibility for bus safety across the industry.
In a bus crash, drivers may be liable when they engage in negligent behaviors such as distracted or aggressive driving. However, the bus carrier may also bear responsibility as the driver’s employer. Mechanical failures may mean that a manufacturer or maintenance contractor is liable. A bus accident lawyer knows what evidence to look for to determine liability.
The FMCSA only regulates insurance and licensing requirements for state- or municipality-owned buses. However, liability in these cases may still fall to more than one party. Instead of a bus carrier, the bus driver’s employer may be the municipality or the state. In either case, the employer may be liable for the accident if the bus driver is at fault.
Texas’s modified comparative negligence law impacts the outcome if you file an insurance claim with the at-fault party’s insurance provider or a personal injury lawsuit. Your role in the accident determines if you receive a settlement and how much of the award you are entitled to. If your actions contributed to the accident, you would receive a percentage of the awarded amount equal to the other party’s liability. For example, if you are 40% at fault and the bus company is 60% to blame, you receive 60% of the settlement award.
However, if you are more than 50% at fault, you lose your right to recover any compensation. The insurance company or defense attorneys will work hard to place as much blame as possible on your shoulders. If they can find a way to claim you are more than 50% at fault, they will do so, denying you the right to a settlement. A bus accident lawyer may improve your chances of recovering more of your losses and receiving a fair settlement.
At Fielding Law, we understand the complexities of a bus accident claim. We can help you understand your options and walk you through the insurance or legal process. When you hire our firm, you get experienced and personalized representation. We won’t charge any fees until you win. Get in touch today to schedule a free case review.