As common carriers that are responsible for transporting many people at once, and often hundreds or thousands of people each week, commercial and public bus operators owe a significant duty of care to everyone they interact with out on the road. If a bus driver or busing company does something to breach this duty of care, they may be held financially liable for any damages that result from an ensuing accident.
Any time a civil case is based on a motor vehicle accident, assistance from an experienced personal injury attorney is often crucial to achieving a positive outcome in your favor. Due to the unique rules that often apply to bus accident claims, you should seek out representation from a Trumbull bus accident lawyer like George W. Ganim, Jr. if you want to increase your odds of success in recovering damages.
Since Connecticut is a “fault” state when it comes to the role of car insurance following a motor vehicle accident, anyone who gets hurt in a bus accident has the right to file suit against a negligent party as their first course of action. This means they do not have to exhaust their own insurance coverage before proceeding with third-party litigation. Recoverable damages following a bus crash can be both economic and non-economic in nature, including medical expenses, vehicle repair costs, lost wages, loss of consortium, pain and suffering, loss of enjoyment of life and more.
Regardless of whether you were a bus passenger, another driver involved in the wreck or a pedestrian struck by a bus, comparative fault could still play a significant role in your case, depending on the circumstances. For example, even if a bus driver caused a crash because they were speeding, a passenger who was standing up and not holding onto any support bars or straps could be found partially responsible for their injuries during the incident.
According to Connecticut General Statutes §52-572h, anyone who is found to be more than 50 percent responsible for their own injuries is barred from recovering damages. Anyone who is found to be 50 percent or less at fault, will have their damages reduced by that percentage. A local bus accident attorney can work on your behalf to provide as evidence all recoverable losses and contest any allegations of comparative fault that might serve to reduce your monetary award.
Most civil claims against government entities in Connecticut must go through the state claims commissioner and the time period to file such a claim is very much limited, However, CGS §52-556 provides automobile accidents involving a state-owned vehicle as an exception to the rule of law. A direct lawsuit may be filed for that type of negligence.
Filing suit over an accident involving a public bus is different from filing against a private commercial bus service in a few key ways.
For example, while you have two years to file suit against private individuals or entities, anyone who wants to sue a government entity must provide notice of their intentions within a shorter period of time, depending on the situation. Attorney Ganim, a bus collision lawyer in Trumbull, can provide additional information during an initial free consultation about the filing time period and what goes into a bus accident claim against a municipality.
Bus accident crashes have the potential to cause devastating injuries, as these vehicles are large, difficult to navigate and extremely heavy. Fortunately, state law allows you to file suit over a bus accident whether it involved a public or private bus, with a few extra procedural requirements in the case of a public bus.
No matter what circumstances led to your injuries, a Trumbull bus accident lawyer can provide the professional assistance you need to pursue the positive case outcome you deserve. Get in touch with Attorney George W. Ganim, Jr. to learn more.