Being struck by bus can result in very severe and permanent injuries, ranging from head injuries to broken bones to paralysis. If a bus has struck you while you were walking, we hope that your injuries aren’t that severe.
If they are, we want to help you get your full damages amount for a mass transit accident. Here’s what you need to know about whether or not you have the right to sue the bus company.
Was the bus driver doing something negligent at the time of the crash?
The first thing that you should establish is whether or not the bus driver was doing something negligent at the date of the accident. If he or she was —and if the bus driver is an employee of the bus company—then you most likely have the right to file a lawsuit.
Examples of bus driver negligence may include running a stop sign or speeding, although the list is extensive. There are other elements you may need to consider, such as, what if another driver caused the bus accident?
Where were you walking in a designated pedestrian area?
Another thing that may affect your ability to file a lawsuit and recover your full damages amount is whether or not you were doing something illegal at the time of a crash. For example, if you were crossing at an unmarked crossing area (like the middle of the street), then the bus driver may not be to blame.
Or, if you were walking on a road when an adjacent sidewalk was available, then you may be partially at fault, and your compensation amount may be reduced.
Was anyone else to blame?
While it may have been a bus that struck you, the actual fault of the accident may lie with another party. For example, the accident may have occurred because the bus’s brakes were defective, placing liability on the shoulders of the brakes’ manufacturer.
Or, the bus accident may have occurred because of the negligent actions of another driver, making this other driver the at-fault party. You should file the lawsuit against the party who was to blame.
Are you filing your claim within the statute of limitations?
Finally, the last thing that may affect your ability to file a claim is the time – filing a claim against a public service (such as SEPTA, the Southeastern Pennsylvania Transportation Authority), must usually be done within six months’ time; filing a claim against a private party must be done within two years’ time. If the statute of limitations for filing your suit has expired, it’s unlikely that you’ll be able to recover damages.
Do you have a lawyer?
When filing a lawsuit or determining whether or not you should file a lawsuit, an attorney on your side can be an important aspect. At Cordisco & Saile LLC, we can help you learn everything there is not know about filing a claim against a bus company. Reach us at 215-642-2335 now to meet with us today.