Entering and exiting a bus may seem like a simple task, but it can quickly escalate into a painful experience. Depending on the varying circumstances of the situation, you may find yourself injured at the hands of someone else. While these cases can be tricky, you may be liable for compensation if you have been injured on a bus. Let’s discuss how and why.
Negligence
An adequate place to start when deciding if you have a case or not, is to determine if someone else’s negligence caused your injury. Cornell Law defines negligence as, “A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” When you enter a bus, you put yourself into the care of that company. Under the law, the bus company is supposed to protect its passengers
An example of negligence could be if you slipped due to the wet floor of a bus, and the driver had not properly warned the passengers about the hazard. Perhaps there was a prior malfunction on the bus that caused the injury, the ordinary prudence would be verbal acclimation to the passengers or signs posted inside the vehicle.
According to the personal injuries lawyers at Lynch, Traube, Keefe, and Errante accidents on public transportation could occur for the following reasons:
- Excessive Speed
- Improper Maintenance
- Distracted Driving
- Inadequate Security
- Drug Use of Employees
- Defects in the Roadway
- Defective Equipment
- Unsaving driving by other motorists
Severity of Injury
Another thing that will be analyzed while deciding your case is the severity of your injury. One must be able to prove that the injury has made a significant change in their life. A minor bruise or scar will not be enough for financial compensation.
If your injuries are more severe, ensure that you seek medical attention as soon as possible. Invisible injuries can equate to the same amount as physical ones. Invisible injuries include concussions, internal bleedings, post traumatic stress and more. Other important factors to note is if you had to take time off from work due to the injury.
Gather Evidence
If you believe you have a case, start gathering evidence right away, and remember the more proof the better. This could include the bus ticket you bought, medical records, photographs of the scene and any eye witnesses.
Statute of Limitations
An important step to take in your process is to research what the statute of limitations is in the state you were injured. The law varies from state to state, however statute of limitations is a prescriptive period set by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. You want to make sure you file a claim before the time is up.
Seek Legal Advice
If you have gone through all the prior steps, and you want to file a claim against the bus company, it is advised to seek legal help. An experienced lawyer can help you negotiate a settlement with the responsible party’s insurance company. However, insurance companies tend to offer low settlements and a lawyer can help navigate the case on your half.
