South Bend Bus Accident Lawyer

Bus accidents are naturally some of the most dangerous vehicular collisions on the roads of South Bend, Mishawaka, and surrounding areas. Buses are large, heavy vehicles responsible for carrying many potential victims at once. Whether you were a passenger on the bus or in another vehicle involved in a bus accident, you can sue for your harm.

To file your lawsuit, you should identify who is liable. In the vast majority of cases, the bus operating company will be responsible for compensating you, even if the bus driver was the one that caused your injuries due to their negligent driving. However, you should keep an eye on what type of entity was responsible for operating the bus, as this could impact how long you have to act on your claim.

The highly experienced South Bend bus accident lawyers at Wruck Paupore can answer your questions about whether you have a case, how to file it, and who you should seek recovery from. You can get this information and review your case value in your free initial case assessment. To get started today, call us at (219) 322-1166.

How to Identify Fault for a South Bend Bus Accident Lawsuit

Indiana is an at-fault auto insurance state. That means that if you are injured in an accident on the roads of South Bend, you recover the compensation you are owed from the insurance coverage of the party that negligently caused the accident.

The easiest way to tell who was at fault is to compare each party’s driving to the relevant traffic laws and regulations that apply. For instance, if a bus driver drove through a stop sign without stopping and collided with another vehicle in the intersection, the bus driver broke traffic laws and therefore was likely at fault.

However, not every case is as easy as this to determine fault, especially when buses are concerned. This is because the safe operation of a bus involves a different set of skills and knowledge than one might need for an ordinary personal vehicle. There are a variety of issues, which may not be obvious to a layperson, that can contribute to an accident and establish liability of the bussing company. Fortunately, our South Bend bus accident attorneys know which responsible bus operation standards may apply to show fault in your case.

Liability for a Bus Accident in South Bend

If you were injured in a bus accident in South Bend, Mishawaka or the surrounding area and you feel that someone else’s negligence caused the accident, you can file a lawsuit against that party to recover damages. However, determining who was negligent (and who you should sue) may be complicated in some cases.

For instance, if you were injured in a bus accident as a passenger on the bus, you may be wondering if you can sue the bus driver or the bus company. In fact, bus passengers in Indiana have the right to file a lawsuit against their own bus if the driver or company was responsible for causing the accident. However, suppose you were injured on a bus because of the negligence of another driver (and not the bus driver). In that case, you can and should file your lawsuit against the other driver that was at fault for causing the accident, rather than the bus driver or the bus company. Frequently, both another driver and the driver of your bus could share responsibility and should be named. In fact, there are often many potentially responsible parties in these cases and a thorough investigation should be undertaken to make sure that every person is identified.

Bus companies may assume liability for any injury that their driver causes if the driver was operating within the scope of their employment at the time. Therefore, if a bus driver negligently causes an accident by breaking traffic laws, you can name their employer in your lawsuit. You can also sue the bus company if you can show that they failed to provide adequate training to the driver.

Bus companies are also generally responsible for the condition of their vehicles. If the bus company fails to maintain or inspect the bus to ensure it is functioning properly, the results could be disastrous. However, if a defective part on the bus caused the accident, you should consult your South Bend bus accident attorney about whether the defect existed because of poor maintenance. Of course, there may also be third-party mechanics that worked on the bus who may be responsible. If manufacturing negligence created the defect, you might be better off targeting the bus manufacturer in your lawsuit.

Time Limits for Filing a Bus Accident Injury Lawsuit in South Bend

For any personal injury lawsuit that could potentially be filed, the State of Indiana imposes a strict deadline, known as the statute of limitations, on how long a victim has to act. As a result, South Bend bus accident injury victims likely have only two years to file their lawsuit. This clock starts to run on the date of the accident.

In addition to filing within the statutory time frame, plaintiffs may also face additional hurdles if they are suing a government body. This is common when the bus that negligently caused the accident was operated by the state, township, or municipality. Children's school buses, for instance, are primarily the responsibility of the school system which they service. However, these school systems often contract with outside bussing companies to provide the “yellow bus” service, and those companies may be equally responsible. South Bend “Transpo” buses are operated by the South Bend Public Transportation Corporation, which receives public funding.

To sue a government entity for causing your bus accident injuries, you will have to provide notice of your intention to sue to the responsible government branch according to their procedural requirements. Often, you must provide notice well in advance of the statute of limitations deadline. In any case, you must provide proper notice before you file your lawsuit. The exact requirements vary depending on which agency you plan to name, and the requirements for what is included in such notices are technical. Failure to include the right information in the proper form may result in a total loss of your legal claim.

Fortunately, our South Bend bus accident attorneys are accustomed to dealing with these notification requirements. They can assist you in meeting them so that you avoid losing out on your recovery over a technicality. We recommend that you contact your South Bend bus accident lawyer as soon as possible after your accident to make sure critical evidence is preserved and you have the best chance at recovery.

Wruck Paupore Can Help You File Your South Bend Bus Accident Lawsuit

For a free initial case evaluation, call the seasoned South Bend bus accident attorneys at Wruck Paupore. We can be reached by phone at (219) 322-1166 any time, day or night.