Before a person is able to determine if he or she can sue a bus driver or the company, it is important to consider the actual injuries and how severe they are when the bus suddenly accelerates which in turn causes a fall. Working with a lawyer to understand the validity of the case is crucial in progressing through litigation.
The Injury with the Bus
When there is a possibility of injury that is severe, the individual may have the option to choose to litigate. However, any minor harm usually excludes the ability to sue the bus driver, bus company or any third party. Substantial damage to the body of the victim may require hospitalization, medical treatment and therapy. These matters may lead to litigation based on the specific circumstances. It is best to consult the incident with the lawyer to determine the strength of the claim and who is responsible. Then, the legal team may help the victim hold the person or company at fault accountable for the injuries.
When the bus has a connection to a company through commercial transportation, the driver may not hold responsibility in the incident based on numerous factors. Some of these include the defects of the vehicle, proper maintenance or repairs and if the company did not train the driver sufficiently for the trips. A sudden acceleration may cause broken bones, whiplash injuries, post-traumatic stress disorder, head and neck damage and even severe lacerations that require immediate medical attention. The more serious the harm caused, the greater the need to settle the incident legally.
The Acceleration of the Bus
There are times when the bus driver is completely aware of where passengers are and how any type of acceleration could harm the individual. However, if the person on the bus is goofing around, not keeping safe or instigating possible harm, the acceleration may cause injury through no fault of the driver. It is these types where the bus surveillance will assist the employee behind the wheel in avoiding litigation against him or her specifically. The fault for the actions of the passenger may also void any liability or partially reduce damages owed to him or her when this person shares the blame.
Other factors may also exist. If the sudden acceleration is gradual enough that injury is avoidable, the driver and company may still avert litigation disaster. However, if the driver must use a burst of speed to get out of the way or to another lane, the swerve and acceleration may cause injury to any passenger not aware of what is happening. The possible obstacles to remain in the seat or that may strip the person could also provide additional problems for the person remaining seated or standing. With added issues, the passenger may face slamming into a pole, the window, another passenger or falling on the floor.
Bus Surveillance Footage
The usual surveillance footage within the bus through the video feed may provide assistance to the injury claim against the bus driver or company. Before an accident takes place, if the camera is not recording, it will generally start before the incident completes. It is often one advantage in personal injury claims because it shows the first point of impact, how the individual suffered from the sudden acceleration and if any additional factors exist in the incident. However, the bus company may also use the same footage to work against the plaintiff to show that he or she is partially or completely at fault for the injuries sustained.
Disclosure and the Legal Professional
When sustaining injuries that are substantial from the sudden acceleration from the bus driver, it is crucial to share all the details with the lawyer. A full disclosure may increase the strength of the case, and it may ensure that no surprises arise for the legal professional when he or she is progressing through the claim. The lawyer and the law firm will use all necessary resources to attempt a successful outcome through informing the courtroom of all information that caused and led to the injuries.
Hiring a lawyer is often the most important aspect in attempting to acquire compensation for the injuries sustained on a bus. This legal professional will understand and know the laws applicable to these situations. He or she will also work to protect the client’s best interests and rights. Through his or her experience, it is possible to ensure the courtroom has all the knowledge necessary to deliberate.
Provided by HG.org