If I’m in an Accident Involving a Bus, What Legal Steps Should I Take?
All personal injury cases are complex, but bus accidents can be even more so, especially if a government agency is involved (see below for more details). A bus accident can also cause significant physical injury because buses can be sizable and deliver an intense impact when traveling at full speed.
Your first step after being involved in a bus accident should be to visit a medical professional as soon as possible, even if you feel fine. Many injuries, including dangerous ones, don’t present symptoms right away and can worsen if not treated.
Your first legal step should be to contact an experienced bus accident attorney. You’ll need someone who understands not only how difficult this is for you but also what tactics the bus company or its insurance representatives and attorneys will use.
Personal injury cases (which is the area of law bus accidents fall under) usually take one of two paths.
- Settlements. This is the route that the majority (at least 90%) of personal injury cases take. It tends to be less time-consuming, costly, and stressful than going to court. That doesn’t mean it will necessarily be easy. There may be considerable back-and-forth between the parties involved before a sum acceptable to both is agreed upon. Having an attorney represent you can help prevent you from leaving money on the table.
- Lawsuits. The case may go to court if a settlement can’t be reached. These proceedings can last quite a while and run up significant legal bills, which is a primary reason many people prefer to settle.
What Expenses Might Be Covered Through Claims or Lawsuits
There are two categories of expenses that might be covered.
- Economic damages. These are quantifiable monetary totals that are easily identified. They include out-of-pocket medical expenses (including medical equipment, hospitalization, medications, ongoing physical or occupational therapy, etc.) as well as lost wages.
- Non-economic damages. These can be more difficult to quantify as they include compensation for trauma and anxiety, ongoing physical pain, loss of quality of life, loss of consortium, and other psychological and physical tolls.
What Evidence May Be Needed for a Bus Accident Case?
There are numerous forms of evidence that can be collected and used in bus accident cases, including the following. Your attorney can help you identify what evidence is needed for your claims.
- Police report. Someone should have called the police as soon as the accident happened, and they’ll file a report that might provide valuable information about the cause.
- Photos and videos. Taking photos and videos on your phone right after the accident can help show what happened. Nearby buildings may have security cameras that filmed the accident as it happened.
- Medical records, bills, and evidence of lost wages. These establish the nature of the injuries and the financial repercussions.
- Expert witness testimony. At times, it’s necessary to bring in an expert to interpret how the accident happened.
What Is the Statute of Limitations for Filing Claims for Injuries After a Bus Accident in Texas?
A statute of limitations is the legal period in which someone can file claims for injuries after having an accident. If the claims aren’t filed in time, in all likelihood the victim will not be able to receive financial compensation in the future. It’s vital to have claims filed before the statute of limitations runs out.
Bus accidents can be especially tricky regarding the statute of limitations. In Texas, personal injury claims usually have two years from the accident date to file claims. A few exceptions to this include victims who are minors, for whom the statute of limitations won’t begin until they turn 18; if the victim didn’t discover the injury immediately, they would have two years from the date of discovery; and if someone loses mental capacity during or after the accident, the limitations may be paused until they recover.
However, there’s another important exception that specifically affects bus accident cases: If the bus in the accident was a city or other government-operated form of transit, the victim has only six months from the date of the accident to file a claim with the relevant government agency. The claim must include several pieces of information, such as the date, place, and circumstances of the accident and medical information related to the injuries sustained in the accident. This is another reason it’s vital to work with an experienced bus injury attorney who understands the different levels of statutes of limitation.
What Should I Do if I Was Injured in a Bus Accident?
Call DB Law 24/7 at 713-804-8520 for a free nationwide case review. We understand how traumatic this event was for you and how crucial it is for you to be able to apply for damages. Our team of experienced, knowledgeable bus accident attorneys can review your case’s specifics and advise you on what approach could lead to the best possible outcomes.
There’s also something we advise you not to do, and that’s to enter communication with the bus company, their insurance representative, or an attorney. They may hope they can get you to say something indicating you accept the fault for the accident. They could also try to convince you to accept a settlement that’s much lower than you could be eligible for. Don’t respond to requests for communication in writing or by phone. Forward them to your attorney instead.