A bus accident can turn your day from regular to catastrophic in the blink of an eye. One minute you are traveling from Point A to Point B, and the next, you are facing a series of pricey hospital bills and more.
A large motor vehicle’s size and stature can result in severe injuries for all parties involved. When the bus accident is the direct result of another person or party’s negligence, the victims are entitled to file a personal injury claim with their insurance and recover compensation for their injuries.
The best course of action after a personal injury accident is to partner with a dedicated and knowledgeable attorney to help navigate you through the process, like one of the lauded attorneys from Byrd Davis Alden & Henrichson, LLP.
As the oldest plaintiff’s personal injury firm in Austin, we are well prepared to take your case head-on and get you the compensation you deserve after your accident. Contact one of our experienced Austin bus accident lawyers today to get started with your case.
Understanding Bus Accidents in Austin
Bus accidents can be devastating, resulting in severe injuries, long-term disabilities, and even fatalities. In Austin, these incidents can occur due to a variety of factors, including driver error, vehicle maintenance issues, and adverse road conditions. Understanding the common causes of bus accidents is crucial for identifying responsible parties and taking preventive measures.
Driver error is one of the leading causes of bus accidents. This can include distractions, fatigue, impairment, or simply poor judgment. Mechanical issues, such as brake failures or tire blowouts, can also lead to catastrophic accidents if buses are not properly maintained. Additionally, poor road conditions, such as potholes or inadequate signage, can contribute to accidents.
The consequences of bus accidents are often severe due to the size and weight of the vehicle. Passengers can suffer from a range of injuries, from minor cuts and bruises to severe injuries like broken bones, spinal cord damage, and traumatic brain injuries. In the worst cases, bus accidents can result in fatalities.
If you or a loved one has been involved in a bus accident, it is essential to seek legal representation from an experienced Austin bus accident lawyer. They can help you navigate the complex legal process and ensure you receive the compensation you deserve.
What Type of Damages Are You Entitled to After a Bus Accident in Austin, Texas?
Bus accident injuries can result in serious injuries and expensive medical bills. After you have been injured in a personal injury case, you are entitled to file a claim with the at-fault party’s insurance company to recover damages for your losses. Bus passengers often face severe injuries and significant financial burdens, making it crucial to understand the types of damages they can claim. In Texas, this includes both economic and non-economic damages, which cover the cost of the following potential losses:
Past, present, and future medical bills or hospital visits
Property damage
Lost income due to the inability to work regularly or accept potential job offers
Scarring or disfigurement
Loss of consortium
Loss of a loved one
Loss of enjoyment of life
Any required physical therapy or rehabilitation
If the accident is found to be the direct result of gross negligence or a wanton disregard for others’ safety, your Austin bus accident attorney may help you recover punitive damages. These are not calculated based on your specific losses but instead are a punitive fee for the defendant.
How an Austin Bus Accident Lawyer Can Help Your Case
Don’t try to navigate the aftermath of your bus accident without the guidance of an experienced Austin bus crash attorney. Let our team handle the complex legal matters while you concentrate on recovering. We will immediately investigate the circumstances surrounding your accident, beginning work on the following important aspects of your case:
Collecting Evidence
To prove fault, your bus accident lawyers will begin to collect and assess any relevant information surrounding the bus accident. This can include time-sensitive evidence such as traffic camera footage, eyewitness accounts, video footage or photographs from your phone, black box data, detailed medical records, police reports, and even professional testimony.
Proving Fault
Once the evidence has been collected, your experienced bus accident lawyer in Austin will be able to demonstrate that negligence has occurred. In the case of a bus accident, this includes proving that:
You were owed a standard of care
That care was breached by a reckless or negligent action
The breach directly caused an accident
The accident resulted in your injuries and property damage
By demonstrating negligence has occurred, you are establishing a liable party to hold accountable. Texas currently follows a modified comparative negligence law, meaning you can be found to be partially responsible for the accident and still file a claim to recover damages. As long as you are under 50% liable for the accident, you can still file a claim, though your compensation will be adjusted accordingly.
Filing Your Claim
Texas allows victims of personal injury claims to file a claim within two years of the accident. This statute of limitations may seem like a long time, but with serious injuries, it can creep up quickly. The best course of action you can take is to hire experienced bus accident lawyers immediately so your claim can be filed on time and with all of the proper documentation.
One of the number one reasons for a small settlement offer is the failure to fully represent the extent of your losses. Your bus accident lawyer will handle all scheduling, communications, and negotiations with the insurance company as well. If a worthy settlement offer cannot be reached, we are prepared to take your case to court to protect your rights and your future.
What Compensation Can Bus Accident Victims Receive?
In Texas, victims of bus accidents may recover two main types of compensation: compensatory and punitive damages.
Compensatory damages include costs like medical bills, lost wages, and non-economic impacts such as pain and suffering. Punitive damages are aimed at punishing the responsible party and are generally only awarded in cases involving extreme negligence or willful misconduct.
Can I Receive Compensation If I Share Blame for a Bus Accident?
Texas follows a “modified comparative fault” system. This means if you are found to be more than 50% responsible for the accident, you may not be eligible to recover damages. However, if you are 50% or less at fault, you can still receive compensation, but the amount will be reduced by your percentage of fault.
What Are Common Causes of Bus Accidents in Austin, Texas?
Many bus crashes in Austin occur due to driver errors such as distraction, fatigue, or impairment. Other contributing factors include insufficient driver training, mechanical issues, and violations of commercial driver’s license requirements.
Additionally, factors like poor road conditions, lack of proper bus maintenance, and defective parts can also lead to accidents.
How Do I Establish Negligence After a Bus Accident?
To prove negligence, you need to demonstrate that the bus driver or operator had a duty of care, breached that duty, and that the breach caused your injuries.
Evidence like police reports, witness statements, and medical records can help establish negligence.
How Long Do I Have to File a Lawsuit After a Bus Accident?
General Statute of Limitations for Bus Accidents
In Texas, the standard deadline for filing a personal injury claim after a bus accident is two years from the date of the incident.
Public Buses and the Texas Tort Claims Act
If your case involves a public bus, you must provide proper notice of your claim within 180 days (six months). Some municipalities may require even shorter notice periods, such as 45 days.
Who Should I Speak With First After a Bus Accident?
It’s essential to speak with an experienced bus accident attorney as soon as possible after the incident. A lawyer can help you understand your rights, gather necessary evidence, and guide you through the claims process.
How Long Does a Bus Accident Case Take to Resolve?
The timeline for resolving your bus accident case can vary greatly. Cases involving school buses may have additional complexities and timelines due to the involvement of public entities and the need for timely action. While some cases may settle in a few months, others can take several years, especially if the case goes to trial.
Bus Accident Prevention and Safety
Preventing bus accidents requires a combination of safe driving practices, regular vehicle maintenance, and adherence to traffic laws. Here are some essential safety tips for bus drivers and passengers to help reduce the risk of accidents:
Always wear seatbelts: Wearing seatbelts can significantly reduce the risk of injury or fatality in the event of an accident. It’s a simple yet effective measure that can save lives.
Follow traffic laws: Obeying traffic laws, such as speed limits and right-of-way rules, is crucial for preventing accidents. Bus drivers should be particularly mindful of these regulations to ensure the safety of their passengers and other road users.
Stay alert: Bus drivers should stay alert and focused on the road, avoiding distractions and fatigue. This includes taking regular breaks and avoiding the use of mobile devices while driving.
Maintain vehicles: Regular vehicle maintenance can help prevent mechanical failures that can lead to accidents. This includes routine checks of brakes, tires, and other critical components.
Report incidents: Bus drivers and passengers should report any incidents or concerns to the bus company or authorities. Prompt reporting can help address potential issues before they lead to accidents.
By taking these safety measures, we can reduce the risk of bus accidents and ensure a safer transportation experience for everyone. However, if an accident does occur, it is crucial to seek legal representation from an experienced bus accident lawyer. They can help you navigate the complex legal process and ensure you receive the compensation you deserve.
Injured in a Bus Accident? Schedule Your Free Consultation with our Austin Bus Accident Attorneys
In the aftermath of a bus accident in Texas, the road to justice and recovery may seem long and uncertain. Don’t try to navigate the aftermath alone. By seeking the guidance of a dedicated Austin personal injury attorney you can begin to pave the way toward healing and restitution and get the results you need to move forward after your accident.
We promise to stand unwaveringly by your side in these trying times, from the first consultation to the final settlement agreement. We’ve been a beacon of support for numerous victims, helping them secure the compensation necessary to rebuild their lives. Contact Byrd Davis Alden & Henrichson, LLP today for a personalized consultation. Reach out to us through our contact form or give us a call at (512) 454-3751. Your path to resolution starts here.
