Buses are common carriers throughout Duluth on several highways, including Peachtree Industrial Boulevard, Georgia Highway 120, Interstate 85, and Georgia Highway 141. Sadly, bus accidents lead to multiple fatalities and severe injuries every year. These accidents can lead to traumatic brain injuries, shoulder dislocations, diffuse axonal injury, chest trauma, and more.
Without experienced and knowledgeable legal representation from John Foy & Associates, it can be challenging to obtain fair compensation for your personal injury case. We have diligently represented Duluth clients throughout the years and ensured that they get a positive result in their cases. We are always committed to fighting for your rights and a deserved settlement.
Common Causes of Bus Accidents in Duluth that You Can Sue For
Bus operators in Duluth owe their passengers, pedestrians, and other drivers a reasonable duty of care. Every bus driver must operate their buses in a way that doesn’t endanger the lives of other road users to avoid possible accidents that can be catastrophic. Some of the common causes of bus crashes in Duluth include:
- Failure to observe traffic signals
- Driver fatigue
- Distracted driving
- Negligent hiring
- Defective bus equipment
- Improper vehicle maintenance
- Inadequate training
- Failure to regularly inspect the bus
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Who Is Liable for the Injuries Sustained in a Duluth Bus Accident?
Buses transport passengers in large numbers compared to other vehicles. This is a major reason why these carriers are usually held to a higher safety standard under Georgia law, unlike other members of the motoring public. Typically, vicarious liability principles apply in a Duluth bus accident.
Below are the parties whom you can hold responsible for your injuries after a bus crash:
There are over 400,000 people who ride the Metropolitan Atlanta Rapid Transit Authority buses daily. Unfortunately, there are cases of MARTA bus crashes caused by faulty equipment, distracted driving, driver negligence, and dangerous road conditions. You could sue the local government for the negligent operation of motor vehicles that led to an accident.
However, you will have to meet numerous requirements to have a successful lawsuit and recover compensation against a government entity. Moreover, the claims process for government-owned buses is difficult and complex. As a result, you must hire an accident lawyer who knows the ins and outs of the state and local laws. Recently, a 64-year-old man was a Duluth Transit Authority bus accident victim. The victim succumbed to severe injuries despite the life-saving measures of the fire department and the first respondents.
Private Bus Companies
If your injuries resulted from a bus accident of a motor vehicle owned by a private entity, you can sue the driver if negligence caused the crash. The private company can also be held liable for the driver’s conduct if investigations show that the driver was indeed negligent.
Again, you’ll need legal assistance in pursuing your case to ensure that you do a thorough investigation into the accident. Although you may assume that dealing with a private company is easier than a government entity, it’s also a challenging process. A bus accident lawyer in Duluth will ensure that the company produces the driver’s personnel file for further scrutiny, such as the training level of the driver, previous accidents they were involved in, and more.
In some rare circumstances, a bus accident in Duluth may result from third parties. Investigations after a crash may reveal that there may be some defective parts of the bus that led to the accident due to malfunctions.
Generally, the parties responsible for your injuries and damages after a bus accident in Duluth depend upon who caused or contributed to the crash. State and federal laws are also critical in determining who is legally responsible for the accident.
How Much Is My Bus Accident Claim Worth?
Notably, buses ferrying at least 15 passengers should have bodily insurance of not less than $5,000,000 as per the Federal Motor Carrier Safety Administration. However, there is no set amount that you should expect after a bus accident claim in Duluth. The value of your claim depends on the severity of your injuries, financial losses incurred from the crash, and the number of injured claimants.
Below are other factors that determine the value of your claim:
- The nature of the accident including federal safety violations and drunk driving
- The severe nature of the injuries or disability
- Quality of evidence
- Claimants direct losses such as lost income and medical expenses
- Amount of umbrella and commercial auto insurance coverage
- Physical pain and emotional suffering caused by the injuries and medical bills
What Is the Time Limit for Filing My Bus Accident Lawsuit?
The statute of limitations for a personal injury legal suit or a wrongful death is 2 years in Georgia. Your timeline runs from the date when the injury or death occurs. Failure to file a lawsuit within this period means you won’t stand a chance to recover compensation for your injuries. Note that courts are unforgiving if you fail to sue a defendant within the legally allowed timeframe. In fact, lawyers can decline to assist clients with cases within six months of the time limit. Attorneys don’t want to be responsible for filing suit, drafting, serving defendants, and conducting investigations on short notice because they could be held liable if something goes wrong.
Therefore, make sure you speak to a personal injury lawyer immediately after the bus accident. An attorney knows the legal time limits, so they will work on the evidence early enough and formulate an effective strategy.
Our Bus Accident Attorneys in Duluth Can Help You
If you are a victim of a bus crash that resulted in injuries, you should speak to a Duluth bus accident lawyer from John Foy & Associates as soon as possible. We’ll take care of all the legal processes as you concentrate on your health. Contact us today for a free case review.
404-400-4000 or complete a Free Case Evaluation form