If I Was Hurt in a Bus Accident, Do I Automatically Get a Settlement?

Lamentably, no, which is unfortunate, because the number of bus crashes has increased significantly in recent years. The collisions are roughly evenly split among school bus, municipal bus, and tour/intercity buses. Roughly the same procedural and legal issues could affect the amount of a settlement in each case. In some situations, these issues could torpedo an injury claim. More on that below.

All kinds of bus accidents are very complex, mostly because a single bus crash could seriously injure dozens of people from different countries or even different states. So, a Carlsbad bus accident lawyer must have a special skill set to successfully resolve these cases. These skills mostly include bus crash experience that includes a track record of success. Additionally, a lawyer must be dedicated to victims, because in these cases, it’s very tempting to take the first settlement offer and quickly wrap up the matter.

Procedural Issues

We mentioned different counties and states above. Usually, San Diego County courts only have jurisdiction over wrecks that occur in San Diego County. So, a single bus crash might prompt a Carlsbad personal injury lawyer to file multiple claims in multiple counties.

Different states are even more complex, mostly because bus crash and negligence laws differ in different states. That’s especially true of comparative fault, which is perhaps the most common defense in vehicle collision matters. More on that below.

Additionally, out-of-state holding companies often legally own intercity and tour buses. These companies often impose strict choice-of-law provisions that limit a victim’s ability to bring a legal action in the first place.

Procedural issues also affect school and municipal bus crashes. Generally, before an attorney files legal paperwork, an attorney must file a notice of claim. This notice gives the responsible government entity an opportunity to settle the matter quietly before it becomes public record.

Substantive Issues

We mentioned comparative fault above. This legal doctrine shifts blame for the accident off the bus driver and onto another driver. Most individuals have limited auto insurance, whereas most cities, school districts, and private companies have almost unlimited resources.

If Paul gets a $10 million judgment (and we’re just using that figure as an example), and the responsible driver only has a $100,000 insurance policy, that’s probably the limit of his recovery. But a large company or city could probably pay the full $10 million.

Comparative fault is a two-part defense. First, a lawyer must convince a judge that another  driver’s error substantially contributed to the wreck. Next, a lawyer must sell the same idea to jurors.

California is a pure comparative fault state. Even if a victim is 99 percent responsible for a wreck, the tortfeasor (negligent driver) must still pay a proportionate share of damages. Most other states have modified comparative fault laws that cut off damages if the victim is more than 50 percent responsible for the wreck.

Additionally, a defective product, like bad brakes, causes many bus crashes. Defective product liability actions are incredibly complex.

If a lawyer overcomes these obstacles, substantial compensation is usually available, including punitive damages in many cases.

Work With a Tough-Minded San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.

Source:

fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2021