A bus is a convenient means of transportation and commuting since it is safe and easy to use. It is rarely involved in traffic-related collisions, but when it does, the outcome can be devastating. Bus accident victims have to deal with severe, catastrophic injuries. If you have been involved in an accident, you require all the assistance to recover and become whole again. Since the crash can be severe, requiring significant medical expenses and lengthy recovery, you should know how personal injury lawsuits work. This blog post discusses how to bring your lawsuit to receive the compensation you need and deserve.  

Negligence In a Personal Injury Lawsuit

Commercial bus drivers are expected to uphold higher standards than regular private drivers. Bus drivers are considered negligent if they violate their duty to their passengers and other people using the roadway, resulting in harming or killing another person(s).

To recover compensation, you must prove the bus driver was negligent. Nevada tort laws define negligence as when a person falls short of their responsibility to care for another’s safety and the victim is injured.

Many negligence cases can be settled without going to trial but if the case reaches trial, you will have to demonstrate the following facts to prove negligence:

  • The responsible party owed you the duty of care.
  • The responsible party violations caused your injuries.
  • The liable party violated their duty of care.
  • Your injuries led to damages.

You, the alleged victim, must demonstrate negligence by a preponderance of the evidence. The burden of proof is lower in a negligence case than in a criminal matter. The prosecution team has to establish guilt beyond any reasonable doubt.

A preponderance of the evidence implies that there is sufficient proof demonstrating that the liable party is responsible for the accident.

Duty of Care

The responsibility an individual or firm has to safeguard your safety is known as the legal duty of care. A perfect example of duty of care is that every driver has the responsibility to operate their vehicle responsibly and ensure the safety of other road users.

The best way to demonstrate this element of negligence depends on your case’s circumstances.

Violations of the Duty of Care

A violation of the driver’s duty occurs when the driver fails to adhere to the acceptable legal duty or acts without due care. Referring to the previous example, a violation is when a bus motorist texts while operating a bus.

Common proof to demonstrate the breach includes eyewitness testimony, surveillance videos, or maintenance documents.

Causation Element

A violation of legal duty alone is not considered negligence. You should demonstrate that the bus driver’s breach led to your injuries. Referring to the previous example, a violation causing injury is when the texting motorist swerves into a different lane and hits another vehicle.

Eyewitness testimony and surveillance videos can significantly help you in verifying causation. An expert in accident reconstruction can help you prove how the liable party's error resulted in the injuries.

Damages Incurred

For a successful lawsuit, the victim’s injuries must lead to receiving damages. A perfect example is when a victim knocked down by a texting bus driver suffers a broken leg, resulting in medical expenses.

The more severe the injuries you suffer, the larger your compensation. A plaintiff in a bus collision lawsuit could pursue compensation for:

  • Lost income.
  • Medical bills, including prescription, physical therapy, doctor’s consultation, and emergency costs.
  • Pain and suffering.
  • Lost earning capacity.
  • Wrongful death claim if the accident victim died.
  • Loss of consortium.
  • Diminished quality of life.

So what happens if you were partly responsible for the accident? Nevada's comparative negligence rule permits you as a bus accident victim to receive damages if the motorist or bus firm was above 50 percent at fault.

However, the jury will reduce your compensation in relation to your liability. For example, if the judge determines you were 35% responsible for failing to fasten your seatbelt, that could lower your final compensation amount by 35%.

Your lawyers can negotiate with the bus company or their insurance provider to ensure they do not compensate you less than you deserve or utilize your contributory negligence to deny the claim.

What to Expect During a Personal Injury Lawsuit

Pursuing your personal injury claim starts with an investigation to collect and analyze the available evidence. Next, you and your personal injury lawyer should send the defendant a demand letter formally requesting compensation. If the defendant accepts your request, you can start negotiations, where the involved parties exchange their settlement offers, hoping to reach an agreement.

If your lawyers cannot reach a fair agreement with the defendant, filing a personal injury suit follows. Upon filing the suit, your lawyer will bring a complaint. A complaint outlines your legal matter and details the arguments supporting that case. The complaint also outrightly states the compensation you seek for sustained injuries.

Once you initiate the complaint and the complaint and response are filed, discovery is the next stage in the judicial process. Discovery is the legal stage during which involved parties are provided a chance to learn the case facts that each will present.

One way to conduct the discovery process is through interrogatories. Your lawyers will conduct interrogatories through written questions, which they will later forward to the defendant. The defendant must respond to these interrogatories, enabling the defendant to acquire substantial information about the bus accident lawsuit.

During interrogatories, both parties will also have the chance to question each other during depositions. In the deposition, the opposing attorneys can question each other's witnesses under oath. It allows every party to acquire crucial information not addressed by the written interrogatories and know what the other party or their witnesses will say in the trial.

The discovery’s conclusion offers another strong chance for the involved parties to try to agree to a settlement. Once the discovery is conducted, both parties will be well informed of the facts of the accident. So, based on the available information during the discovery process and after the relative merits of both sides' claims, the insurance firm could be strongly inclined to settle instead of heading to trial.

If You Fail to Reach a Settlement, What Next?

If the involved parties fail to settle, the bus accident lawsuit will head to trial. The procedure is lengthy and costly; in many cases, reaching a settlement is better than going to trial. Nevertheless, if the case proceeds to trial, you will require a lawyer who can effectively fight for you, your rights, and your justice. Legal representation can also significantly increase your bargaining power with the defendant.

If the matter heads to trial, jury selection will take place. Next, each party’s legal counsel will present their opening remarks, indicating their arguments and case expectations. At the conclusion of the opening remarks, each party will submit evidence supporting their case. The evidence will comprise the witnesses' testimony, responding officials' statements, and expert opinions. The plaintiff and defendant can also take the stand and testify.

Once the evidence is submitted and each party rests their case, the opposing party’s attorneys will present closing remarks before the jury. The closing statement includes summarizing their stand and outlining to the jurors the resolution they believe the jury should return based on the evidence they have presented. Finally, the jury members will consider the available evidence and deliberate until they reach a verdict.

Statute of Limitation of Bringing Your Lawsuit

The statute of limitations is the deadline by which you must file your lawsuit. The deadline for filing your personal injury lawsuits in Nevada is two (2) years. The time runs from when you sustained the injury or discovered the injury. If the SOL has elapsed and you attempt to file the lawsuit, the court will dismiss it.

Statute of Limitations Exceptions

Under specific scenarios, the two-year SOL rule can be paused or tolled. These exceptions include the following:

  • Discovery rule — Sometimes, a victim does not immediately learn that they sustained an injury. The discovery rule outlines that the two-year deadline starts running from the day you discover the injury.
  • Minors — The SOL on an underage child’s personal injury suit does not start running until the minor turns 18. Upon reaching 18 years, they must file the petition before hitting 20 years.
  • Defendants out of jurisdiction— The limitation's duration does not count if the liable party is out of Nevada.
  • Fraudulent concealment — Courts in Nevada can pause the limitation’s duration when a defendant willfully conceals details or evidence that would place an injured person on notice of their claim.

The limitation deadline is not the same if you are filing a personal injury lawsuit against any governmental agency or its staff in Nevada. In this case, claimants should make a notice of claim no later than 180 days following the incident.

Different Types of Evidence to Use in Your Lawsuit

Collecting evidence in your lawsuit can distinguish between a successful and unsuccessful claim. Defendants and their insurance providers seek reasons to deny or reduce compensation. On the other hand, strong evidence counter their arguments. For instance, if an insurance adjuster argues that your injuries were pre-existing, you can use medical records to prove they are linked to your bus accident.

Evidence can also assist in establishing liability and fault.

Crucial evidence you can use in a personal injury case can include the following:

Witness Testimony

Witness testimony is critical in determining non-economic damages and the trier of fact about how you were before the accident and how you are after your injuries. You can offer vital testimony about your pain and any limitations related to the bus accident.

Witness testimony is also important in supporting other evidence, like medical documents. For instance, a witness who saw you experience an injury in a bus accident can provide testimony of the seriousness of the injury and how it affected you. The physician’s reports are also beneficial in supporting the case.

Medical Records

Your medical records offer a detailed account of all injuries you sustained, the treatment plan, and the expenses related to your treatment. Ensure you obtain every medical record of the injury, including any physical therapy, rehabilitation services, ambulance fees, or ongoing treatment required.

Expert Testimonies

Professional opinion can be extremely useful in complex personal injury lawsuits. Professionals in different fields like engineering, medicine, or accident reconstruction can offer their expert opinion on the cause and extent of your injuries sustained in the bus accident.

Prevailing in your personal injury lawsuit goes beyond collecting evidence. You should organize, document, and present your evidence clearly to increase your chances of obtaining the most favorable case outcome and justice. Your attorney should make your case compelling for maximum compensation. Some ways they can present the evidence include demonstrative exhibits, witnesses, and expert testimonies.

Causes of Bus Accidents

Every year, thousands of people are injured and succumb to bus-related accidents. Some of the factors that can lead to bus accidents include the following:

Bus Driver’s Negligence

As with all automobile crashes, a driver’s error is often crucial in causing bus crashes. Common driver errors that lead to accidents can include the following:

  • Reckless driving.
  • Failing to offer right of way.
  • Excessive speed.
  • Inappropriate lane change.
  • Drunk driving.

A telephone, passengers, reading billboards, stereo, and GPS devices could also distract the driver.

Sometimes, inexperience or inadequate training could contribute to driver’s error. A commercial bus driver should receive training and a commercial driver’s license to be familiar with the best road practices and safety regulations.

Whether a driver involved in the bus crash caused your accident might not be immediately obvious. A skilled lawyer should thoroughly investigate the following circumstances of your accident to determine it:

  • The bus condition, among other safety equipment.
  • The roadway’s condition when the accident occurred.
  • Weather conditions during the occurrence of your crash.
  • Maintenance documents.
  • The bus carrier’s safety track record.
  • Disciplinary records against the motorist.

Hazardous Weather Conditions

Heavy rain, fog, ice, and snow can create dangerous driving conditions. They can reduce visibility and make roads slippery, making it more challenging for drivers to control their buses.

Since a bus driver should know how to handle hazardous weather conditions, you can hold them responsible if they fail to exercise due care relating to the weather conditions. Moreover, bus firms should ensure their cars have proper safety features to reduce risks. 

Fatigue and Drowsy Driving

According to the Centers for Disease Control and Prevention, one in every 25 motorists have fallen asleep while operating a car, and many more have admitted to driving while sleep-deprived. These figures demonstrate how prevalent drowsy driving is; according to the National Sleep Foundation, there are more than 6,400 fatigue-related fatalities annually.

Commercial bus drivers are subject to work conditions that increase the chances of getting tired. That is why the Federal Motor Carrier Safety Administration enacted hours-of-service regulations restricting the hours a motorist should drive before taking a break.

Job factors that can increase the driver’s fatigue include the following:

  • Unhealthy diet.
  • Long working hours.
  • Inadequate sleep.
  • Sleeping challenges.
  • Pressure to break FMCSA regulations.

Hazardous Road Conditions

Due to its size and weight, a bus is less maneuverable than a smaller car. In other words, it is more prone to collisions caused by hazardous road conditions like debris, potholes, and uneven pavements.

Government agencies are responsible for ensuring safe road conditions, and you can hold the relevant authority accountable if the negligence caused your bus collision. Nonetheless, establishing accountability, in this case, can be tricky since you must prove the authority was aware or ought to be aware of the condition and did not fix it timely. Retaining skilled legal representation can help you obtain the compensation you need.

Mechanical Failure

A bus needs regular maintenance to ensure it is safe. It involves replacing tires, suspension systems, and brakes. That means if a bus firm neglects this responsibility, it can cause fatal failures on the way. For instance, a tire blowout can result in a bus losing control, causing a rollover crash.

You can file a case against the bus manufacturer if these case facts applies.

Other Drivers Can be Liable

Another motorist can cause your bus accident when reckless or negligent. For instance, they can fail to yield the right of way to your bus, causing a collision. In this case, you should take legal action against the responsible driver.

Contact a Personal Injury Lawyer Near Me

A bus is challenging to maneuver and operate, and when involved in an accident, its weight and size can cause significant damage to passengers. Typically, victims are left handling emotional and physical pain, not forgetting the financial expenses of lost income, medical bills, and rehabilitative costs. However, personal injury claims are complicated, and defendants and their insurance providers will do everything they can to settle less than your case's worth or deny it altogether. Las Vegas Personal Injury Attorney Law Firm has previously dealt with stubborn bus firms and their insurers and can work aggressively to get you the compensation you deserve. If your case proceeds to trial, we can listen to your side of the story and collect evidence to represent you in court. Please contact our office at 702-996-1224 to schedule your initial, no-obligation consultation.