Bus Accident Cases and Liability

The attorneys at McMath Woods are well-versed in bus accident litigation and have the experience to take your case on and help you get back on your feet. We understand that it only takes a moment for someone to act negligently, and negligence can cause an accident that harms innocent people. You have the right to stand up for yourself and hold the liable party accountable for their actions. Our lawyers believe in helping those who have been wrongfully hurt. We’re ready to help you.

Reasons Why Fayetteville Bus Accidents Happen

When negligence plays a role in a bus accident, the victims must determine why the crash happened. The reason it happened will likely be the base of any personal injury claims filed against the driver or the bus company. Some of the most common reasons we see bus accidents happening include the following:

Vehicle Malfunction

There’s the chance a bus could malfunction if it’s not maintained correctly. Blown-out tires and faulty brakes are among the most common causes of accidents related to vehicle parts.

Carrying Capacity

Each bus has a specific weight limit. If the bus is past its carrying capacity, the weight limit could be too much for the bus to support. This could lead to accidents.

Size

The size of a bus can be challenging to navigate through small roads or roads crowded with parked cars, traffic, and people. An inexperienced driver may collide with other objects or could even strike pedestrians.

Reckless Driving

If the driver is speeding, not using turn signals, tailgating other vehicles, or otherwise driving in a way that causes an accident, then they could be held accountable for their injuries.

Fatigue

Depending on the bus driver’s schedule, they could drive for longer hours than they’re legally allowed. If that’s the case and fatigue sets in, they’ll be less focused on the road and less able to comprehend what traffic is doing around them. This means they’ll likely have slower reaction times. Nodding off for even less than a second can result in a deadly crash.

Inclement Weather

A bus driver must know how to adjust their driving for the weather. A slight drizzle could make the roads slippery. Snow, sleet, and icy roads are dangerous for any vehicle. If a driver is unaware of how to drive on slippery or snowy roads or the weather conditions change rapidly, they could lose control of the vehicle and cause a crash.

Distracted Driving

Bus drivers have a lot to focus on behind the wheel. Not only do they need to focus on the road in front of them, but they also need to be aware of the traffic and how much space is between vehicles while ensuring passengers are safe. That is why it takes special training and licensure to be a bus driver. If a company hires someone who is inexperienced and doesn’t train them properly, they could become overwhelmed and cause an accident.

There are so many reasons why a bus crash may have occurred. While it may seem daunting to take legal action, our bus accident lawyers are by your side every step of the way if you decide to pursue a claim. We’re aware of the many factors that can cause an accident, and we’ll be there to investigate the evidence and find out exactly what happened.

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Dealing with Bus Crash Injuries

Passengers are at a high risk of sustaining serious or fatal injuries in the event of a bus accident. The size of the bus means it takes longer to slow down and come to a complete stop. Drivers who don’t allow this time could put passengers at risk of injury.

No Seatbelts

Bus accidents can also be dangerous because large vehicles are more likely to roll over than smaller vehicles. A rollover crash can be especially dangerous because nothing anchors passengers to their seats. The lack of seatbelts makes accidents far more likely to cause serious or fatal injuries.

Multiple Impacts

Because of the nature of bus crashes, there are often multiple impacts after the initial crash, which causes even worse damage. Passengers may be thrown from their seats or slammed into walls, seats, or windows. There’s also the potential for passengers to collide with each other. When a driver is speeding, distracted, fatigued, or careless, serious injuries can result.

Crush Injuries

When a bus passenger collides with another person or object, their hands, feet, or legs could get crushed. Serious muscle or bone damage can occur, which could require extensive surgeries to repair. Depending on the extent of the crush injury, amputation could be recommended if the limb is beyond repair.

Head Trauma

Bus passengers are also at risk for head trauma. If people are thrown around inside a bus during a wreck, they could hit their heads and develop concussions or more serious traumatic brain injuries. Head injuries often require lengthy recoveries and can have effects on memory, speech, and cognitive abilities.

If a person sustains internal injuries in a bus crash, they may not immediately realize they’re hurt. If they’re experiencing internal bleeding or damage to any of their organs, the body could begin to shut down if medical attention isn’t sought immediately.

Bus vs Cyclist, Pedestrian, or Vehicle

Those riding the bus aren’t the only ones in danger of sustaining injuries. The risks are extreme when a bus hits another vehicle, a cyclist, or a pedestrian. While all can be seriously hurt, cyclists and pedestrians are not protected in a crash. These accidents can result in fatal injuries.

No matter how you were injured in the bus accident, it’s imperative to seek medical attention and get an official diagnosis. You may believe you have minor injuries or aren’t hurt at all. You could be injured, but stress hormones mask the symptoms. This can make you feel like you aren’t hurt, but later on, you experience symptoms as the stress hormones fade from your system.

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Seek a Medical Evaluation

You should seek medical attention as quickly as possible. Your doctor will evaluate your injuries so you know how you were hurt and what you’ll need to do to start healing. Visiting a doctor also creates a record of how soon you sought medical attention and lists the injuries you suffered. This doesn’t only apply to severe injuries. Any amount of pain you feel after an accident could indicate that something is wrong. Even if you’re only dealing with cuts or minor road rash, you’ll want to have an accurate record of the physical harm the crash caused you. This way, you’ll be more likely to receive full and fair compensation for your injuries and the costs of treating those injuries.

Determining Fault After a Bus Accident in Fayetteville

Just like with any traffic accident, it can be challenging to determine who is at fault for a bus wreck. It’s important, however, for an official determination of fault to be made because it’s the only way injured victims can seek compensation for their related losses. Depending on the situation, it’s likely either the bus driver or bus company is at fault for what happened.

A bus driver who ignored the weather, didn’t obey the rules of the road or were on their phone while driving are situations where they could be considered at fault. However, the driver may not be responsible for the crash and your injuries.

When you work with a bus accident attorney from McMath Woods, we’ll investigate to determine what happened. They’ll use what you remember about the accident in conjunction with witness statements and collected evidence to make a fault determination. It’s likely the police will also conduct a separate investigation, from which your lawyer may request documentation.

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Understanding a Bus Driver’s Responsibilities

The federal government regulates bus drivers and bus companies to promote safety. The Federal Motor Carrier Safety Administration is in charge of the rules that govern bus drivers all across the country. A number of regulations revolve around vehicle maintenance, driver health, and hours of service. Regarding vehicle maintenance, bus drivers need to ensure the vehicle is safe by regularly checking the tire pressure, lighting, and other components that revolve around keeping passengers safe. 

Regarding driver health, bus drivers have to have good eyesight and hearing abilities and no conditions that limit the control of their arms or legs. The hours of service rules prevent bus drivers from being on the road for too long. The longer a person is driving, the more likely they are to experience fatigue or distractions. If a bus driver fails to follow any government regulations, they can likely be held accountable for an accident.

Holding Bus Companies Responsible for a Crash

In Arkansas, the principle of vicarious liability allows injury victims to hold employers responsible for their employees’ actions. That means the bus company could be liable for their driver’s actions as long as the driver acted within the scope of employment when the accident occurred. Depending on the situation, you may be able to take legal action against both parties.

In some situations, the bus company is the only party held liable for an accident. If they were negligent and failed to perform the required maintenance, which resulted in a mechanical error the driver could not have prevented, the company may have been at fault and can be held liable in a claim or lawsuit.

There are a few other ways the bus company could be liable for the accident and your injuries. They could have ignored federal regulations when it comes to maintaining the bus. For example, they need to ensure the tires have the required tread depth and are free from cuts, irregular shapes, or objects puncturing the tire that could cause an accident. The bus company may have also failed to train, supervise, monitor, or evaluate its employees.

Tired Drivers

They may also push their drivers to exceed the work limit, so they would have knowingly put exhausted drivers on the road. Or they may put inexperienced bus drivers behind the wheel. The company could be held accountable if it hired a driver who was inexperienced and unprepared to take on the responsibility of transporting people in a vehicle as large as a bus. While holding a bus company accountable for its actions can be intimidating, you won’t have to do it alone. Our bus accident lawyers are here for you. After an accident, you’re likely wondering how a claim can help you recover from the accident. Let’s take a look at the different types of damages your lawyer will fight for you to receive.

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What Compensation Can You Receive for a Bus Accident?

When you work with one of our bus accident attorneys in Fayetteville, we’ll be sure to carefully calculate the compensation you’re owed so all your losses are taken care of once your case settles. We’ll look at both your economic and non-economic damages.

Economic Damages Refer to Calculable Expenses

They include costs like medical bills, the future cost of care, lost wages, lost earning capacity, and out-of-pocket expenses related to the accident. We’ll be able to determine what you’ve spent or would have to spend to cover the accident and move forward with no debt.

Non-Economic Damages

Non-economic damages are more complex to calculate as these damages reflect more subjective losses. For example, if you’re an avid runner and broke your leg in a bus accident, you could be experiencing a loss of enjoyment in life because you cannot carry out your passion. We’ll take into consideration all the pain and suffering you’ve experienced and come up with a fair amount of compensation to seek.

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Settlements in Bus Accident Cases in Fayetteville

It’s important to note that there’s a chance your case will not be settled. If that happens, we’ll be ready to file a lawsuit and take your claim to court to get an official verdict. While going to trial can seem intimidating, we’ll have extensive experience representing clients in the courtroom and can do the same for you.

Attorney Sarah C. Jewell

Legal Representation From McMath Woods 

Bus crashes may happen without warning and cause financial and physical difficulties for those who sustain serious injuries. While it will take time for you to recover, you can seek help from our Fayetteville bus accident lawyer to pursue justice and compensation to aid in your recovery process.

If you’re ready to get your life back in order after a crash, our Fayetteville bus accident lawyer can help you file a claim and seek recovery for your losses. We understand how overwhelming it can be to file a claim when you’re dealing with injuries and expenses, and it can be even more so when you have to go up against a company. That’s why McMath Woods is here.

We have the skills and resources needed to build a strong claim on your behalf. The sooner you get in touch with us, the better your chances are at maximizing your recovery. Contact us today for more information.

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