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How Can I Obtain Compensation for Injuries Sustained in a Greenville Bus Accident?
If you were hurt in a bus accident, you may be wondering who is going to pay for all your medical bills and other losses resulting from the crash. Bus accidents can be a bit more complex in terms of determining financial liability for the crash, but that does not mean victims should settle for less than what they deserve. The bus accident attorneys at Armada Law explain how financial liability is determined in a bus accident in South Carolina and go over why working with an attorney may be the right choice for your case.
Who Is Financially Responsible for a School Bus Accident in Greenville?
School bus accidents can be catastrophic, and determining liability for the accident is the first step in pinpointing who may be financially responsible for it. For example, if the driver is determined to be mostly at fault for the accident, the next step is to determine if the driver is an employee or independent contractor and if the bus is owned by the city, school district or school board, or by a private third-party company hired by the city or school district to provide student transportation services.
If the driver acted with negligence, they may be personally liable for any damages. If the accident was caused by a mechanical failure, for example, the entity that owns the bus and is responsible for its maintenance may also be at fault. Once the at-fault party is identified, the next step may be to file an insurance claim against the at-fault party’s insurance company. If no insurance is available, then it may be necessary to consult an attorney and consider a personal injury lawsuit to receive compensation.
What if I Suffered Damages and Injuries as a Passenger on a City Bus?
A similar process applies to city bus accident cases. If the accident was primarily caused by the driver’s negligence, then the driver’s personal auto insurance may be liable for any damages.
If the bus is owned and operated by a government agency, such as a city, county, or township, you may have to file a claim against that government entity. In this case, it is essential to understand that there may be additional steps required to file a claim against the government, as well as shorter timelines to file the claim. Consult an attorney to determine the best approach for your case.
Who Is Financially Liable in a Private Charter Bus Accident?
If you were injured in an accident involving a private charter bus (such as a tour bus), determining fault is also the first step in the process of recovering compensation. If the accident was caused mainly by the bus driver, then that driver may be financially liable for the crash, and victims may file a claim against their insurance company. However, in many cases, a bus accident is a result of a combination of factors that make the case a bit more complex than a car accident.
If the accident was caused by factors such as mechanical failure or company policies that pressure drivers to be behind the wheel for extended periods of time without required breaks, for example, then the bus company may also be liable for any damages. If the accident was caused by the driver of another motor vehicle – such as a drunk driver or someone who was speeding and driving aggressively – then that driver’s auto insurance may also be responsible for providing compensation to victims. An attorney can assist you with the process of investigating the accident, determining who may have been at fault for it, and deciding who may be financially responsible for all damages.
What Happens if More Than One Party Is at Fault for a Bus Accident?
South Carolina follows a rule called modified comparative negligence in order to determine liability for an accident caused by multiple defendants. For example, suppose you were hurt in a bus accident that was caused by both the driver’s negligence and the bus company’s negligence in properly maintaining the bus. In addition, the driver of a passenger vehicle also contributed to the accident because they were distracted and did not attempt to avoid the collision in time. In this case, the at-fault parties would each be assigned a percentage of the total damages.
However, suppose you were the driver of the passenger vehicle that was involved in the accident, and you also suffered injuries and damages. In this case, South Carolina laws may still allow you to seek compensation for your losses as long as you are less than 50% at fault for your own damages. If you are 60% at fault, for instance, you may be barred from recovering any compensation. If you are less than 50% at fault, you may still recover damages, but the amount you receive may be affected by your percentage of fault. If you have reasons to believe that you may be partially at fault for your bus accident injuries, it is crucial to contact a skilled bus accident attorney who can help you build a strong case in your favor and minimize your percentage of liability.
Bus accidents involving multiple parties usually require a careful investigation to uncover what happened before, during, and after the accident, as well as the role each party played in causing the crash. At Armada Law, our attorneys have assisted countless clients in securing fair compensation for their bus accident injuries. Contact us at (864) 633-3739 to schedule an initial consultation to discuss your case and learn more about how we may be able to help you.
