If you are hurt in a crash, you will need to learn how to file a claim after a bus accident based on the specific situation. The steps you take depend on who is at fault and the types of losses you have. First, move to safety and call medical support and law enforcement to the scene.
Documentation is a critical part of the claims process, and what you do during the accident can play a role in the outcome of your claim. Speak with a Chicago bus accident lawyer from Postman Law about your case.
Prioritize Getting Medical Care and Documenting the Accident Scene
In the moments after a bus accident, your priority must be to stay safe and call for help. In some situations, you may be unable to move. Call out for help.
In situations where you can move, take steps such as the following:
- Take photos of the accident scene, including where the incident occurred and your location
- Document the injuries you sustained at the time of the accident
- Take a video of the surrounding area showing the layout of the accident and those involved
- Make sure to take photos of the bus number, road conditions, and the damage to all vehicles involved
- Provide the police with only factual, accurate information about what you experienced as a result of the accident
- Get to the hospital immediately after the accident to receive care for your injuries and a full examination
- File a police report if you did not do so at the scene of the accident
After taking all of these steps to ensure your safety, contact a bus accident attorney for immediate help. The legal process from here on depends on multiple factors, including who is at fault and who is involved.
Your Chicago personal injury lawyer from Postman Law will help you navigate this process with confidence.
For a free legal consultation, call 844-767-8626
Determine Responsibility in the Bus Accident
Numerous types of buses operate on city streets, and any of them can cause an accident. Your ability to file a claim after a bus accident depends, at least in part, on who is responsible. Consider these examples of those who could be at fault in a bus accident:
- The bus driver could be at fault if they operated recklessly, were impaired, or were distracted and their actions led to the accident.
- The company that hired the bus driver could be responsible if you can show they knew the driver was untrained, had been in previous accidents, or was otherwise unfit. The company may also be responsible if the vehicle lacked necessary maintenance and upkeep.
- The city could be responsible for the publicly owned and managed bus system in your community. If they are a publicly owned operation, this may change the process of seeking compensation due to government immunity.
- Other drivers on the road may be at fault for your accident. If they caused the accident through reckless operation, such as speeding or distraction, you can expect that party to be responsible for your losses as well.
- Others may also be responsible, such as passengers who caused the accident, a mechanic who failed to repair the vehicle properly, or the bus manufacturer or its components that did not operate safely.
Your bus accident lawyer from Postman Law will seek evidence to back up any claims made. They will then work with you to understand your losses and what led up to the accident. Their goal is to determine whether anyone else is at fault or whether you share any responsibility for the accident.
Determine If Government Immunity Applies to Your Case
Most states provide immunity protection for governments. The Local Governmental and Governmental Employees Tort Immunity Act of Illinois, for example, states that the state itself, local government agencies, or government departments, as well as their employees, cannot be sued for negligence.
The law’s purpose is to shield the government because it has limited financial resources to pay liability claims. However, if you are hurt in a bus accident or your loved one dies in a bus accident, you may still be able to file a claim against government agencies.
But there are stipulations and differences:
- There is a significant time limit. You must file a claim within one year of the accident or send a formal written notice within that period. If you send a formal notice, you must file the claim within two years of the bus crash.
- You can seek compensation for losses such as your medical bills, lost wages, and pain and suffering, with proof of those losses.
These cases can be challenging because you must act quickly and thoroughly to seek fair compensation for your losses. If you do not, you may not recover damages, which can be financially devastating.
If you are denied a claim and feel it was not just, you can file a lawsuit against the organization, but you should expect it to be challenging.
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Having a Bus Accident Attorney Could Be Critical
Hiring an attorney to file a claim after a bus accident is often ideal and beneficial for all involved. Your bus accident lawyer will gather evidence efficiently and build a claim the government agency can consider. In the event that you must file a lawsuit, your attorney will guide you through the process.
Once you know how to file a claim after a bus accident, you will likely want to speak to an attorney. Contact Postman Law for a free consultation.