Most states bar you from filing a claim for damages against another party if your percentage of fault was more than the other party’s. In both Pennsylvania and New Jersey, this is true. However, if you were in a bus accident, partial fault being yours (less than 50 percent) then you still have the right to seek damages from your mass transit accident.
Types of Bus Accident Injuries
Bus accident injuries vary widely in form, and may affect any area of the body. For example, a slip and fall injury could cause damage to any of the following.
- The face
- The head
- Internal organs
On the other hand, an injury resulting from an assault may cause more superficial injury types, like bruising.
Other times, a bus accident injury may occur from the bus hitting another vehicle or coming to a stop (or taking off) too abruptly. When this occurs, a passenger may be thrust forward or backward unexpectedly and violently, causing whiplash, broken bones, and more.
Parties Who May Be Held Liable
Liability is based on fault. If a bus accident caused by the negligent actions of the bus driver resulted in injuries, then the bus driver or bus company may be held liable. If another passenger assaulted you, causing injuries, then the other passenger may be at fault and, therefore, responsible.
If you were partially to blame for your accident, then you may also be held responsible. For example, if you: were standing when you should have been sitting, were riding while intoxicated or impaired, incited a physical confrontation with the driver or another passenger, or did anything else against bus rules or the law, then you may be considered partially or wholly at fault.
Can I still file a claim?
If you were more than 50 percent at fault for your injuries, then you are barred from filing a claim. If you were more than one percent, but less than 50 percent, at fault for your injuries, then you damages amount will be reduced by your proportion of error. This law is found in Comparative Negligence – 42 Pa. Cons. Stat. Statute 7102. This rule is also applicable in the state of New Jersey.
How do I prove that I was less than 50 percent at fault?
If you were partially at fault for your accident, but believe that you are still entitled to damages, you will need to prove it. To help you demonstrate the fault of the other party or parties, you’ll want a legal advocate. At Cordisco & Saile LLC, our attorneys are ready to go to bat for you. Call us at 215-642-2335 now.