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.
Although every bus accident is unique, commonly liable parties and groups include:
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.
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.
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.
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.