Busses are an essential component of the Dawsonville public transportation system. Whether they are city busses carrying commuters, school busses carrying students, or private coaches taking travelers across the state, it is nearly impossible to leave the house without seeing a bus. Because these vehicles are so large, they can cause significant damage if improperly used. Any time that a bus driver is at fault for an accident, those injured could have the right to demand compensation. Eligible parties for damages may include other drivers, pedestrians, and riders inside the bus.
A Dawsonville bus accident lawyer could help you pursue legal action if you sustained injuries in a bus accident. A dedicated personal injury attorney could work to gather evidence that demonstrates a bus driver’s negligence, apply this evidence to relevant laws, and demand compensation for all your losses. Contact Smith Hulsey to get started today.
Most bus accident cases rely upon the legal concept of negligence. Negligence may apply when a plaintiff is injured in an accident that was not their fault. Just because the at-fault driver caused these injuries accidentally does not mean they can avoid civil liability. As a result, an injured plaintiff could collect compensation if they prove that a defendant bus driver was negligent.
Proving cases of negligence involves three steps. First, a plaintiff must demonstrate that the defendant owed them a duty of care. If the plaintiff is driving their own car or was a passenger in a separate vehicle, the bus driver owes them this duty. Riders enjoy a similar duty on the bus— because these people pay a fare, the bussing company owes them a duty to keep them safe.
Second, injured individuals must prove that the bus driver breached this duty. In other words, the bus driver was at-fault for the accident. Demonstrating this breach may be done by examining the police report, talking to witnesses, and recreating the accident.
Finally, the plaintiff must connect their injuries to the accident. The injuries do not need to be life-threatening but must be serious enough to require medical treatment.
In addition, all plaintiffs must be sure to file their cases on time. Bus accidents are an example of a personal injury lawsuit. According to the Official Code of Georgia Annotated § 9-3-33, a court will only hear a personal injury case within two years of the date of the accident. A local bus accident attorney could work to prove a case in court and to ensure that recovery does not fail because of the statute of limitations in Dawsonville.
Bus accident cases can be confusing because the defendant in the case may change depending on which entity operates the vehicle. Of course, the bus driver will be a named defendant, but a claim could also name the operating company as a co-defendant.
If a private entity owns the bus, that company’s negligence may be the subject of a typical lawsuit in civil court. However, the situation becomes more complicated if a city or town operates the bus. Traditionally, the concept of sovereign immunity did not allow citizens to sue municipalities for personal injuries. However, over the past 30 years, many cities and towns have waived this right as a matter of fairness.
Every town has its own procedure for filing a claim for damages. A Dawsonville attorney could work with those injured in a bus accident to investigate the proper method for filing a complaint and demanding compensation using the correct procedures.
Bus accidents can cause catastrophic damage to passengers and nearby vehicles. Not only may injured parties require extensive medical treatment and lengthy rehabilitation, but they may also have to miss significant time at work to recover from such harm.
A Dawsonville bus accident lawyer understands the devastation that wrongfully injured parties are experiencing. An attorney could work diligently to gather the necessary evidence, identify the correct defendant in the case, and demand a fair compensation award for your injuries. Contact Smith Hulsey today to learn more.
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