If I am injured or a loved one is killed while a passenger on a bus, whom can I sue for my losses?
The answer depends upon who is at fault. If there is a driver other than the bus driver who was at fault, a claim can be brought against that driver. If the bus driver was partly or all at fault, a claim can be brought against the bus company.
Do I have to file a claim for recovery within a certain time period?
If you are eligible to make a claim for No-fault benefits against the bus company, you should file of the No-fault claim within six-months after the accident. If you intend to bring a claim against the bus company for additional damages other than No-fault benefits, (such as damages for pain and suffering), the claim for those damages must be commenced before six-years passes from the date of the accident.
If I am a passenger of another vehicle involved in a bus collision or a loved one was killed as a passenger in a vehicle involved in a bus collision, whom can I sue?
You can sue whoever was potentially at fault for the accident. This would include the bus operator and bus company, the driver of your own vehicle, the drivers of any other vehicles involved in the accident as well as any other person or entity which may have in any way contributed to the accident. In the case of a serious injury or death, it is usually wise for an attorney to order a thorough investigation to make sure that all potential defendants are included in the case.
If I am a driver of a vehicle that is involved in a bus collision, whom can I sue?
You can sue the operator and owner of the bus as well as any other person or entity that is responsible for the accident.
If I am a pedestrian hit by a bus or a loved one was killed by a bus while walking or waiting for a bus, whom can I bring a case against?
Whether or not a claim might be brought against the bus company depends upon whether the bus company or bus driver was negligent. Like everyone else who is unfortunately involved in a motor vehicle collision, you can bring your case against any person or entity whose wrongful conduct is responsible for your losses. This can include the bus operator and the owner of the bus that hit you, any other vehicle operator whose improper actions caused the bus to hit you, an illegally parked car that blocked the bus driver’s view of you, or a public entity who poorly designed the sidewalk or crosswalk where you were hit. A thorough investigation needs to be performed to learn of all possible defendants.
What if I am assaulted while on a bus? Can the bus company be held responsible for this assault?
The bus company is not automatically liable for all injuries that might occur on a bus. Possibly a claim might be brought against the bus company if the company and their drivers did not use reasonable care to help insure a reasonably safe environment on the bus.
If I am a passenger on a bus, do I have any special protections?
Yes. A bus company, as a “common Carrier,” has a high duty of care to its passengers.
What damages am I allowed to recover in a bus accident?
Same type of damages you are allowed in a motor vehicle accident in general. A person is entitled to recover damages for past medical expense, past wage loss, past pain and suffering, future medical expense, future impairment of earning capacity and future pain and suffering.
Do I need an attorney to bring a case involving a bus accident?
It is generally a good ideal to retain an attorney if you have been injured in a bus accident. Investigation of accidents at the early stages is paramount to resolving liability issues. Additionally, the Minnesota No-Fault Act requires an individual to satisfy certain statutory thresholds. An attorney can assist and guide you through this process, while you concentrate upon recover from your injures.
Should I contact an attorney if my child has been seriously injured in a school bus accident?
The sooner, the better. Prompt investigation and preservation of evidence is key to many injury claims. The sooner that photographs can be taken, the scene can be investigated, and the instrumentalities of the injury are examined, the more likely it is that a valid claim can be brought.