What to Expect in a Bus Accident Claim
After declining steadily for several years, the number of bus accident claims has increased significantly since 2021. Most of these accidents involve intercity or tour buses. These accidents are increasingly common mostly because ridership has increased. Most bus drivers must double as chaperones, so they drive with one eye on the road.
These accident claims are also very complex, mostly because liability issues are so complex. So, only the most experienced Oceanside personal injury lawyer should handle such claims, because only the most experienced lawyer can obtain maximum compensation for your serious injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Pre-Filing
The foundation of a house is the most important part of a house, and the foundation of a bus accident claim is the most important part of that claim.
A victim/plaintiff has the burden of proof to establish negligence (a lack of care) by a preponderance of the evidence (more likely than not). So, for an Oceanside personal injury lawyer, the foundation of a bus accident case is solid evidence.
Evidence in a bus crash case usually includes medical records, the police accident report, and witness statements. Electronic evidence, such as a vehicle’s Event Data Recorder, supplements this evidence. An EDR is an onboard computer that’s very similar to an airplane’s black box flight data recorder.
Sometimes, more evidence is necessary to overcome legal hurdles, such as the sovereign immunity doctrine. This doctrine partially shields some bus drivers, mostly city and school bus drivers, from liability in some cases.
The Litigation Process
Once the foundation is in place, and once medical treatment is at least substantially complete, the litigation process usually begins with a demand letter. This letter to an insurance company or other defendant demands a certain amount of money in exchange for a liability waiver.
If liability and damages are clear, an insurance company usually has a duty to settle the case within a few weeks. Usually, however, these issues aren’t crystal clear. Insurance companies use this uncertainty as an excuse to extend the process.
Usually, after an Oceanside personal injury lawyer files legal paperwork, insurance companies file procedural motions, hoping the judge will throw the case out of court. However, if the house is on a solid foundation, these motions usually fail.
Discovery comes next. During this court-supervised information exchange process, both sides must put all their cards face up on the table, and attorneys usually uncover critical evidence that strengthens their cases. So, if a claim settles too quickly, the best evidence, and therefore maximum compensation, may be unavailable.
Resolving a Claim
Usually, settlements occur during mediation. The judge appoints a professional mediator to oversee settlement negotiations. The mediator’s main job is to enforce a duty to negotiate on good faith. Because of this duty, insurance companies cannot make low-ball or take-it-or-leave-it offers.
This duty moves the case toward settlement. Additionally, a trial date is fast approaching at this point, and both sides are eager to avoid the expense and uncertainty of trial.
Connect With a Detail-Oriented San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Oceanside, contact the Pursley Law Firm. We routinely handle matters throughout SoCal.
Source:
ai.fmcsa.dot.gov/CrashStatistics/?tab=Summary&type=&report_id=1&crash_type_id=4&datasource_id=1&time_period_id=2&report_date=0&vehicle_type=1&state=NAT&domicile=ALL&measure_id=1&operation_id=null
