While buses are usually a safe and convenient way to travel, bus accidents can and do still occur. If a school bus, private charter bus, or city government bus crashes and causes you injury, you may have the right to seek compensation for your losses based on the bus driver or bus company’s negligence. A dedicated Marksville bus accident lawyer may be able to assist you in bringing legal claims based on your damages following a bus crash. A proactive personal injury attorney could be instrumental in evaluating any potential claims resulting from a bus accident and could help identify the various parties who you may be able to hold liable.
Potentially Liable Parties in Bus Accident Claims
Although every bus accident is unique, commonly liable parties and groups include:
- Bus drivers
- Drivers of other vehicles
- Bus manufacturers
- Bus companies
In some cases, a bus parts manufacturer or maintenance team may also bear liability if an investigation finds an accident resulted from some type of mechanical defect involving the bus. Either way, a bus accident lawyer in Marksville may be able to help identify the best defendant to pursue for compensation in a plaintiff’s individual circumstances.
For a free legal consultation with a bus accident lawyer serving Marksville, call (318) 777-7777
Filing A Bus Accident Claim Under Negligence
The legal theory known as common carrier doctrine creates a higher duty of care for bus drivers compared to other drivers on the road. While everyone has a duty to drive reasonably and safely, common carrier drivers have a duty to always put the safety of their passengers first. When bus drivers or companies fail to meet this heightened standard of care, they are typically liable for the crash and resulting damage.
Common carrier doctrine alters the burden of proof during a legal claim for liability after a bus crash. Though the burden to prove negligence in an injury claim typically falls on the victim, people injured in a bus accident simply must establish a relationship between their injuries and the accident. Likewise, it falls to the defendant to demonstrate that negligence did not occur.
Marksville Bus Accident Lawyer Near Me (318) 777-7777
An injured person may hold partial fault for an accident and still seek civil compensation. However, the amount of recoverable damages may change in accordance with the legal theory of comparative negligence. An experienced Marksville bus accident lawyer could work to refute such claims and fight for an injured person’s right to fair compensation.
Under Louisiana Civil Code §2323, injury victims can pursue compensation from all potentially liable parties, even if the victim bears partial liability. However, any damages awarded by the court would decrease by the injured person’s assigned percentage of fault. For example, someone who bears 15 percent fault would have their damages reduced by 15 percent.
Avoyelles Parish Bus Accident Lawyer
Auto Insurance – The Fault System
States usually follow one of two car insurance systems, no-fault car insurance, and the fault system. Under no-fault, injured parties have limited choices for recovery and often have to meet monetary and serious injury thresholds just to file a lawsuit. Fault states like Louisiana provide bus accident victims with more options. Personal injury plaintiffs in Avoyelles Parish have the option to file a claim with their own insurance company as well as the at-fault driver’s insurance.
Individuals injured in bus collisions are often left with a tremendous financial burden and may be unable to work while they heal. In addition, victims often experience tremendous pain, emotional trauma, and loss of enjoyment of life. All these losses, known as damages, are recoverable in a personal injury action. A seasoned lawyer could help an injured victim with recovering the damages they deserve.
Comparative Negligence Rules in Avoyelles Parish
Bus accidents are often caused by negligence. Sometimes a collision is just one driver’s fault, but when multiple drivers cause an accident, states use comparative fault rules to determine how much a plaintiff may recover.
Louisiana, along with twelve other states, follows the pure comparative negligence rule. Under pure comparative negligence, enacted under Louisiana Civil Code Article 2323, bus accident plaintiffs in Avoyelles Parish may recover damages no matter what percentage of fault they are determined to have contributed to the accident. However, the total compensation they can receive is reduced by their percentage of blame for the accident.
For example, a defendant bus driver may crash into a plaintiff’s vehicle because they were negligently texting while driving. However, the victim’s own behavior may have partially contributed to the accident. If a jury finds the plaintiff 20 percent at fault for causing a collision, they could only recover 80 percent of their total damages. Because comparative fault can have a tremendous impact on the total value of a case, defendants often attempt to shift blame onto the accident victim to protect their financial interests. A bus accident lawyer in Avoyelles Parish could help victims refute arguments of comparative fault and maximize recovery.
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Working with a Bus Accident Attorney in Marksville
Bus accidents can be complicated, especially when a crash involves injuries to numerous people or multiple vehicles. If your injuries leave you unable to work or in need of extensive medical treatment, it may be beneficial to consulting with a Marksville bus accident lawyer and learn more about your potential to recover.
With the help of an experienced attorney, you may be able to recover compensation related to your losses. Since there are strict time limits on your ability to bring a bus accident claim, though, time may be of the essence, so call today to discuss your potential claim and begin working towards a favorable outcome.