Bus accidents happen, and when those buses are government-owned or operated, filing personal injury claims can be especially complicated. If you or a loved one has been hurt in a bus accident, consult with a Dunwoody bus accident lawyer from John Foy & Associates as quickly as possible. Your lawyer will navigate legal proceedings and any complications with skill, so you can receive the highest settlement possible.
Our Dunwoody personal injury lawyer can review what happened and explain your possible next steps.
Proving Negligence for a Bus Accident
As with any personal injury case, to hold a party responsible for your injuries, you must prove that party’s negligence, or fault. You must show
- The at-fault party owed you a duty of care. It was their obligation to act it ways to keep you safe or avoid actions that put you in danger. Bus drivers owe their passengers a duty of care, as do the companies that own those buses and oversee those drivers.
- The at-fault party breached, or failed to fulfill, their duty of care. Reckless or distracted driving, failing to obey traffic laws, or allowing unfit drivers to drive passenger vehicles are examples of such breaches.
- The breach of duty caused your injuries.
- Your injuries have incurred measurable damage and costs to your life.
Your Dunwoody bus accident lawyer will examine your accident and the consequences you face to discover which party or parties failed in their duty of care and owes you compensation.
Accidents with Government-Run or Government-Funded Buses
Sovereign immunity laws protect government entities from lawsuits. Under these laws, a government entity must consent to a lawsuit brought against it. Until November 2020, when the citizens of Georgia voted to waive Sovereign Immunity, victims of school, MARTA, or other government-owned or funded buses faced significant challenges when filing lawsuits for compensation.
Though Sovereign Immunity has been waived, suing a government entity remains challenging. Plaintiffs (those bringing the lawsuit) must fulfill pre-trial proceedings, and the government must have an opportunity to provide compensation without going to court. These, and other requirements not included in filing suit against private citizens or companies, make it even more necessary for you to secure an experienced bus accident lawyer in Dunwoody.
Determining Who Holds Fault for Your Dunwoody Bus Accident
Part of building a strong case is determining who holds responsibility for your accident. With a bus accident, there are a variety of possibilities:
- The bus driver: if bus drivers are intoxicated, texting while driving, speeding, or engaging in other risky behaviors, they may be responsible.
- The bus company: The Federal Motor Carrier Safety Administration (FMCSA) has strict regulations for limiting the number of hours bus drivers are active over specific periods of time, how often buses must be inspected, for bus maintenance, and other factors. If bus companies are not fulfilling their lawful duties, they may hold culpability.
- School districts: School buses are subject to FMCSA regulations as well as Georgia’s Rules and Regulations. They must perform background checks on drivers and adhere to additional inspection and maintenance criteria.
- Bus or part manufacturers, inspectors, or maintenance workers: If your accident is caused by a vehicle or part malfunction that went unnoticed by bus or part manufacturers or inspectors, or if the vehicle was not properly maintained by workers responsible for those duties, any or all of those parties may hold fault.
- Poorly maintained or marked roads, or non-working traffic signals: Unsafe or poorly maintained roads have the potential to cause accidents. In these cases, the entities responsible for keeping roads safe may be at fault.
- Other drivers: Vehicle operators contribute to the safety of all other drivers and vehicles on the road. If another driver’s misconduct causes the accident, that driver is the responsible party.
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A Dunwoody Bus Accident Attorney Will Manage All Aspects of Your Case
Accidents are traumatic, and the physical, emotional, and financial consequences they bring are extremely stressful. To mitigate those consequences without adding more stress to your situation, trust your case to a Dunwoody bus accident lawyer from John Foy & Associates.
File Claims and Legal Documents
Personal injury claims must be filed within the Georgia statute of limitations of two years, but you should consult with your lawyer soon after your accident. The sooner you file, the sooner you can see financial relief, and with early access to your case, your lawyer can begin collecting evidence while it is still available.
Gather Evidence
Your lawyer will pursue all avenues for evidence, from witnesses’ testimony to photo and video footage (if available) of the accident, the roads, and your injuries to police and medical reports and more. A strong settlement requires strong evidence. Your lawyer from the Strong Arm of Georgia will find that evidence.
Negotiate a Fair Settlement
At-fault parties and their representatives do not want to admit fault or pay compensation. Their goal is to protect their assets, not your future. They will work to deflect blame and deny or delay payments and may resort to unethical methods (bad faith practices) in these attempts.
Your lawyer has the legal knowledge and experience to protect you from these tactics. After reviewing your medical expenses, future medical costs, economic losses from missed time at work or your inability to return to work, your property damage, and pain and suffering, your lawyer will determine the value of your case and ensure the at-fault parties pay you a fair and just settlement.
Represent You at Court Proceedings
If the at-fault parties fail to offer a reasonable settlement, you may decide to take your case to trial. Your lawyer will discuss all options with you and will represent you in all legal proceedings.
Throughout the process, your Dunwoody bus accident lawyer will keep you informed so you are never left wondering about the status of your case.
Start Working Toward a Settlement Today
Scheduling a consultation with a bus accident attorney in Dunwoody from John Foy & Associates is easy. Simply go to our contact page and give us a call or send us a message. We look forward to advocating for you and will respond quickly.
The consultation and our representation come at no risk to you. You will not make any payments until you have obtained a settlement.
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