Who Is Entitled to File a Bus Accident Claim?

Bus accidents may lead to devastating consequences for passengers, pedestrians, and other motorists. Therefore, if you’re a victim in a bus accident, you need to fully understand your legal rights and responsibilities.

You need to know who is entitled to file a claim as well as the reasons that warrant negligence. Having this knowledge is important when you’re seeking compensation and justice. Never hesitate to consult with a Greyhound bus accident lawyer in Las Vegas.

Profiles of Claimants in Bus Accident Cases

Let’s explore the criteria for eligibility more in depth as well as common scenarios.

Passengers on the bus

If you’re riding as a passenger, for instance, onboard a Greyhound bus and suffer injuries in an accident, you have it in your right to file a claim after the crash.

For example, Mary was riding as a passenger on a cold winter’s day. The bus crashed and veered off the side of the road into a snowbank. Mary recovered but was treated for a broken nose and hypothermia. She sought damages for her mental pain and suffering, her medical expenses, and the time she had to take off work.

Drivers and passengers of other vehicles involved in the accident

If you were not inside the bus but were in another vehicle that was involved in the accident, you may also file a personal injury claim if injuries or damages occurred.

For instance, Stan was on his way home from work when a Greyhound bus hit the back end of his car while leaving a rest stop. Stan suffered whiplash and asked for compensation for lost earnings, medical expenses, and pain and suffering.

Bystanders or pedestrians injured as a result of the accident

In some instances, accidents involving Greyhound buses not only impact those inside the vehicle but also pedestrians, bystanders, and property owners nearby. Should you sustain any injuries to yourself or damages to your property, you may be eligible to file a personal injury claim.

As an example, Jane was working in her garden when she heard a loud crash. A Greyhound bus had battered her fence to avoid directly hitting a pedestrian. Jane filed a property damage claim to repair the fence.

The pedestrian, who sustained some lacerations and fractures from the swerving bus, filed a personal injury claim for medical expenses, loss of income, and pain and suffering.

Reasons Leading to Negligence Claims

When it comes to filing successful personal injury claims in bus accident cases, establishing negligence is a critical component. Below are some of the common reasons used to substantiate negligence lawsuits:

Driver Error

Human error on part of the bus driver—including fatigue, impairment due to drugs or alcohol, speeding, distractions (such as using mobile devices while driving), and other avoidable mistakes—may be deemed negligent and form the basis for a claim.

Inadequate Safety Measures

Transportation companies are responsible for ensuring their vehicles meet safety standards and maintenance requirements. Failure to adhere to these protocols or implement preventive safety measures can result in a successful negligence claim.

Insufficient Training or Hiring Practices

Bus companies may also be held liable for inadequate training of their drivers. Complaints may also extend to hiring individuals with poor driving records or other disqualifying factors.

A company’s failure to properly vet, train, and supervise its employees opens the door for negligence claims in cases involving bus accidents.

That is why it is advisable to consult with an experienced personal injury attorney for professional guidance on your specific case.

Defective Parts

In some bus accident claims, claimants may have to sue a parts manufacturer regarding a defective part. Product liability therefore comes into play in some bus accident lawsuits.

Examples of defective parts may include:

  • Electrical failures (causing fires)
  • Poorly designed ventilation systems (another fire risk)
  • Defective seating (which becomes detached during an accident)
  • Poorly designed brakes or brake failure
  • Roof failures (due to rollovers)
  • Structural problems related to the vehicle

Poor Road Conditions and Hazards

Some claimants file a bus accident claim against the government department or agency responsible for highway or road maintenance and safety. Some of these conditions/hazards include:

  • Poorly placed traffic signals and signs
  • Pavement that lacks adequate skid resistance
  • Hazards that obstruct visibility at crosswalks and intersections
  • Absence of warning signs
  • Improper or defective warning signs

In some cases then, your claim may involve more than one party, depending on the circumstances of your case.

Understanding the Personal Injury Process in a Bus Accident Case

Understanding the process of filing a bus accident claim helps to define the personal injury accident process. A personal injury claim is a legal action taken by an individual against a person or entity who’s legally responsible for their injury or injuries. A successful claim holds the defendant accountable for their negligence and results in financial compensation for the injured party.

The Elements of Negligence

Compensation can only be sought if negligence is proven. The elements of negligence include the following:

  • The defendant owed a legal duty to the plaintiff
  • The defendant breached their legal duty
  • The plaintiff, as a result of the breach, suffered an injury or injuries

The breach of the defendant, which is shown to cause the plaintiff’s injury or injuries, is defined through proximate cause – a cause that is deemed more necessary and direct for bringing about an injury

Calculation of the Damages

One of the more strenuous, if not complicated, parts of filing a bus accident lawsuit is figuring the damages. One way this is done is through the multiplier technique.

When a lawyer uses this method, they assign a number from one to five to an injury – based on its severity. They then add up the economic damages–the medical costs and lost wages–and multiply the sum by the assigned number.

Contact a Bus Accident Lawyer Now About Your Claim

While buses are considered safer modes of transportation–they have airbags, seatbelts, and other safety features–accidents, at times, do occur. If you experience a bus accident and feel the other party was negligent, you need to determine your legal rights immediately.

If you have a personal injury claim in Nevada, contact a bus accident lawyer at Cloward Trial Lawyers immediately.

Benjamin P. Cloward

In 2016, at the age of 37, Benjamin P. Cloward became the youngest lawyer in the history of the State of Nevada to be awarded the prestigious “Trial Lawyer of the Year” by the Nevada Justice Association. That same year, he became the youngest member of the Nevada, Las Vegas Chapter of ABOTA (American Board of Trial Advocates), and at the time was also the youngest person in the State of Nevada to be Board Certified as a Personal Injury Specialist.

Practice areas: personal injury, car accidents, truck accidents, wrongful death, Greyhound bus accidents, and walk-in tub accidents.
Location: Las Vegas, NV

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Cloward Trial Lawyers
9950 W Cheyenne Ave Las Vegas, NV 89129

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