Hammond, IN Bus Accident Lawyer

A bus accident is not like an ordinary car accident. Buses are huge and can cause serious damage to property and people. A typical car is no match for a bus, and the car driver might be seriously hurt. Bus passengers or pedestrians might be injured too. Bus drivers and bus companies should be held accountable when they cause these serious accidents due to acts of carelessness.

Bus accident victims can turn to an attorney for help getting their damages covered. After a bus accident, injured victims often have expensive medical bills and extensive property damage. Many injured drivers lose their cars and their ability to go to work. On top of that, they must deal with costly medical bills. Perhaps worst of all is the impact to your quality of life and those around you as the result of the bus company’s negligence. The people responsible should be held responsible in these instances.

Dealing with the fallout from a bus accident can be overwhelming. Our Hammond, IN bus accident lawyers can help you make sense of an otherwise senseless situation and make sure your legal rights are protected. Call Wruck Paupore at (219) 322-1166 for a free initial case evaluation.

Getting Compensation for Injuries from a Hammond, IN Bus Accident

Depending on your situation, there might be several ways to get compensation for your damages. The first step most people look to is an insurance claim. Indiana is an at-fault state when it comes to insurance and car accidents. Under this system, injured drivers file claims with the other driver’s insurance and must prove the other driver is at fault to get damages paid.

In a bus accident, there might be multiple levels of insurance to comb through. It will be necessary to determine whether the bus driver was an employee or independent contractor of the bus company, which will impact applicable insurance. Often times, there are multiple policies applicable to the busing company, including what is called primary insurance and excess insurance. In our experience, the companies often will not voluntarily disclose all of their insurance policies and what they cover following an accident. Talk to our Hammond, IN bus accident lawyers and we will guide you through this process based on our decades of experience handling these types of injury claims.

While we are often successful in resolving claims without having to file a legal action, there may be the need to file suit if insurance companies fail to hold up their end of the bargain. Our Hammond bus accident attorneys work with the single goal of getting you the largest recovery in the least amount of time.

Who is Liable for a Bus Accident in Hammond, IN?

After a bus accident, you must determine who is liable for your injuries to make sure you are seeking recovery from the right party or parties. Unfortunately, this is not always clear. In some cases, multiple parties bear some degree of responsibility, and you might have to name more than one person or company as a defendant. Our Hammond, IN bus accident lawyers can help you determine whom you should sue.

First, you should sue the bus driver for liability. In these cases, the bus driver often bears a high degree of responsibility. After all, they were the ones behind the wheel of the bus when the accident happened. Issues like driver error or inattentiveness are common reasons for bus accidents.

You can also sue the company the driver works for. Under the legal doctrine of respondeat superior, employers are often liable for their employees’ negligent behavior on the job. For an employer to be held liable, the employee’s negligent behavior must have been within the scope of their employment.

Many buses are owned by the local city or municipality instead of private bus companies. Suing the government for these accidents is possible, but there might be additional hurdles to overcome first. For example, under Indiana Code § 34-13-3-6, if you want to sue the State of Indiana, you must file a notice with the attorney general and the relevant state agency in your case within 270 days of the accident, and there are highly technical requirements of what must be contained within this notice in order to preserve your rights.

Damages from Bus Accidents in Hammond, IN

Proving your damages is also a critical part of the process. Your damages consist of any losses or injuries you incurred because of the bus accident. Damages are often claimed for physical injuries, the costs of medical treatment, and intangible damages, like physical pain or emotional trauma, and the loss of enjoyment of life that you’ve endured.

Economic Damages

Economic damages are those that come with a tangible price tag. This will likely consist of your medical bills and property damage. You can also include any other bills or costs you faced. For example, if you cannot return to work because you are too injured, you can include your lost income in your economic damages. Costs of future medical bills and future lost wages also fall within this category of loss.

Non-Economic Damages

Non-economic or intangible damages are often not visible to others but nonetheless experienced by the defendant. These kinds of damages do not come with a tangible value, although they are often the greatest loss you endure following an accident (and are often the largest part of your claim for personal injury). The cost of these damages is subjective and often based on how they impact your life. Pain and suffering, both mental and physical, are common non-economic damages. How well your counsel documents and presents these injuries can have a tremendous impact on the amount you recover in your bus accident claim.

Punitive Damages

Punitive damages might be available, but these damages are not guaranteed. Punitive damages are designed to punish the defendant for their reckless or knowing bad behavior. To claim punitive damages, you must establish that the defendant’s behavior was especially heinous, outrageous, or shocking by “clear and convincing evidence.”

Under Indiana Code § 34-51-3-4, punitive damages are capped at three times the amount of your total compensatory damages (i.e., economic and non-economic damages) or $50,000, whichever is greater. A substantial amount of the recovery is also set aside for a state victim’s compensation fund and does not go to you as the party bringing the lawsuit.

What Evidence Do I Need for a Lawsuit After a Bus Accident in Hammond, IN

In your lawsuit, you might need a whole host of evidence to support your claims. Even in strong cases where you are more likely to win, you still need to support your claims with evidence and skillfully document your damages. Our Hammond, IN bus accident attorneys, have extensive experience in proving these cases and presenting damage claims in a compelling way.

Your medical records regarding your treatment after the bus accident will be crucial to your case. These records not only help establish your damages but may provide insight into the extent of your injuries. It might also be necessary to have a medical professional come in to testify about your injuries, the treatment you received, and how the bus accident affects your day-to-day life.

Bus accidents tend to happen with lots of people around. Whether they be other drivers or passengers on the bus, there may be at least a few people who can testify as witnesses. Witnesses provide extra support to your claims of negligence. If we can find a few witnesses to back you up, your case will be stronger.

In our experience, the vast majority of commercial buses now have cameras on board, both recording the occupants of the bus as well as dashcams recording the roadway. Both are important following an incident, as they may film how you were injured and what caused the accident. We have regularly encountered resistance from bus companies who have claimed such evidence does not exist, only to find out that it does after we persist with our demands that it be turned over to us. While this evidence often exists, however, it is also true that bus companies periodically delete the recordings, so it is important to act very quickly to request this evidence and make sure it is preserved.

Accident scenes tend to be cleaned up quickly, and any other photos or video recordings of the scene will be very important. Photos or videos recorded with your cell phone, or that of other bystanders who can be identified, can prove incredibly helpful, and acting quickly to contact witnesses and collect these materials may be very important.

Call Our Hammond, IN Bus Accident Lawyers

If you were injured in a bus accident, you deserve compensation for your injuries and damages. Our Hammond, IN bus accident lawyers, can help you hold the defendant accountable. Call Wruck Paupore at (219) 322-1166 for a free initial case evaluation.